Western Australian Numbered Acts Western Australian Numbered Acts In this Act, unless
the contrary intention appears —
“another jurisdiction” means a
jurisdiction other than Western Australia (including jurisdictions outside
Australia);
“approved” means approved by the CEO;
“assessment notice” means a written
notice issued by the CEO under section 12(1)(a);
“CEO” means the chief executive
officer of the Department;
“charge” means a non-conviction charge
or a pending charge;
“child” means a person who is under
18 years of age;
“child care service” has the meaning
given to that term in the Children and Community Services Act 2004
section 198;
“child-related business” means
child-related work carried out by an individual for gain or reward otherwise
than in the course of child-related employment;
“child-related employment”
means —
(a)
child-related work carried out by an individual under a contract of employment
or apprenticeship (whether written or unwritten);
(b)
child-related work carried out on a voluntary basis by an individual under an
agreement (whether written or unwritten) with another person; or
(c)
child-related work carried out by an individual as a minister of religion or
in any other capacity for the purposes of a religious organisation;
“child-related work” has the meaning
given to that term in section 6;
“Class 1 offence” has the meaning
given to that term in section 7(1);
“Class 2 offence” has the meaning
given to that term in section 7(2);
“Commissioner” means the person
holding or acting in the office of Commissioner of Police under the Police
Act 1892 ;
“contact” includes —
(a) any
form of physical contact;
(b) any
form of oral communication, whether face to face, by telephone or otherwise;
and
(c) any
form of electronic communication,
but does not include
contact in the normal course of duties between an employer and an employee or
between employees of the same employer;
“conviction” has the meaning given to
that term in section 8;
“criminal record” , in relation to a
person, means —
(a)
every conviction of the person of an offence, in Western Australia or another
jurisdiction; and
(b)
every charge made against the person for an offence, in Western Australia or
another jurisdiction;
“criminal record check” means the
procedures set out in section 34 to enable the CEO to determine whether a
person has a criminal record and, if so, to obtain details of that criminal
record;
“Department” means the department of
the Public Service principally assisting the Minister in the administration of
this Act;
"educational institution for children" includes
any school as defined in the School Education Act 1999 but does not
include —
(a) an
educational institution that is recognised or established as a university
under a written law; or
(b) an
educational institution prescribed by the regulations for the purposes of this
paragraph,
even if that
university or institution has a student who has not reached 18 years of
age;
“interim negative notice” means a
written notice issued by the CEO under section 13;
“negative notice” means a written
notice issued by the CEO under section 12(1)(b);
“non-conviction charge” means a charge
of an offence that has been disposed of by a court otherwise than by way of a
conviction;
“officer of the Department” means a
person employed in, or engaged by, the Department whether as a public service
officer under the Public Sector Management Act 1994 , under a contract
for services or otherwise;
“parent” , of a child, means a
person —
(a) who
is the father, mother, stepfather or stepmother of the child;
(b) who
at law has responsibility for —
(i)
the long-term care, welfare and development of the child;
or
(ii)
the day to day care, welfare and development of the
child;
or
(c) who
is in a de facto relationship with a person referred to in paragraph (a)
or (b);
“pending charge” means a charge of an
offence that has not yet been disposed of by a court;
“relative” , in relation to a child,
means —
(a) the
child’s —
(i)
parent, grandparent or other ancestor;
(ii)
sibling;
(iii)
uncle or aunt;
(iv)
cousin;
(v)
spouse or de facto partner,
whether the
relationship is established by, or traced through, consanguinity, marriage, a
de facto relationship, a written law or a natural relationship;
(b) in
the case of a child who is a descendant of Aboriginal people of
Australia — a person regarded under the customary law or tradition
of the child’s community as the equivalent of a person mentioned in
paragraph (a); or
(c) in
the case of a child who is a descendant of the indigenous inhabitants of the
Torres Strait Islands — a person regarded under the customary law
or tradition of the Torres Strait Islands as the equivalent of a person
mentioned in paragraph (a);
“specified” , in relation to a notice,
means specified in the notice;
“work” includes practical training
undertaken as part of an educational or vocational course.