Western Australian Numbered Acts

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WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 41

41 .         Employer to comply with Act despite other laws etc.

        (1)         If it would be a contravention of a provision of this Act for a person (the "employer") to employ another person in child-related employment, the employer is to comply with the provision despite another Act or law or any industrial award, order or agreement.

        (2)         The employer does not commit an offence or incur any liability because, in complying with the provision, the employer does not start or continue to employ the person in child-related employment.

        (3)         Nothing in this section operates to affect a person’s right to seek or obtain a remedy under the Industrial Relations Act 1979 unless —

            (a)         the remedy is for the dismissal of the person by the employer;

            (b)         the reason the employer dismissed the person was to comply with this Act; and

            (c)         the grounds on which the person seeks the remedy relate to the fact that the person was dismissed for that reason.



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