Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“employer” means a person who employs,
or proposes to employ, another person in child-related employment.
(2) An employer must
not employ a person in child-related employment if —
(a) the
employer —
(i)
is aware of a Class 1 offence or a Class 2 offence of
which the person has been convicted; or
(ii)
is aware that the person has a pending charge in respect
of a Class 1 offence or a Class 2 offence;
and
(b) the
person does not have a current assessment notice and has not made an
application for an assessment notice that is pending.
Penalty: a fine of $60 000 and imprisonment
for 5 years.
(3) An employer must
not employ a person in child-related employment if the employer is aware that
a negative notice or an interim negative notice has been issued to the person
and is current.
Penalty: a fine of $60 000 and imprisonment
for 5 years.
(4) An employer must
not employ a person in child-related employment in connection with a child
care service if the person does not have a current assessment notice and has
not made an application for an assessment notice that is pending.
Penalty: a fine of $12 000 and imprisonment
for 12 months.
(5) An employer must
not employ a person in child-related employment if the employer is aware that
the person has withdrawn an application for an assessment notice.
Penalty: a fine of $12 000 and imprisonment
for 12 months.
(6) An employer must
not employ a person in child-related employment if —
(a) the
person has been employed by the employer in that employment for more than
5 days in a calendar year; and
(b) the
person does not have a current assessment notice and has not made an
application for an assessment notice that is pending.
Penalty: a fine of $12 000 and imprisonment
for 12 months.
(7)
Subsection (6) does not apply in relation to the employment of a person
if subsection (2), (3), (4) or (5) applies in relation to
that employment.
(8) A person charged
with an offence under this section may be convicted of another offence under
this section if that offence is established by the evidence.