Western Australian Numbered Acts

WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 25

25 .         Defences for section 24

        (1)         It is a defence to a charge of an offence under section 24 to prove that —

            (a)         at the time the offence is alleged to have been committed, the person charged had applied for an assessment notice and the application was pending; and

            (b)         the application was not later withdrawn.

        (2)         Subsection (1) does not apply to a person convicted of a Class 1 offence (other than a Class 1 offence committed by the person when a child) at the time the offence is alleged to have been committed.

        (3)         It is a defence to a charge of an offence under section 24 to prove that the person charged was employed in child-related employment or carried on a child-related business, as the case requires, on no more than 5 days during the calendar year in which the offence is alleged to have occurred.

        (4)         Subsection (3) does not apply to a person —

            (a)         convicted of a Class 1 offence (other than a Class 1 offence committed by the person when a child); or

            (b)         carrying out child-related work in connection with a child care service.