Western Australian Numbered Acts Western Australian Numbered Acts (1) Subject to
subsection (3), work is "child-related work” if —
(a) the
usual duties of the work involve, or are likely to involve, contact with a
child in connection with —
(i)
a child care service;
(ii)
a community kindergarten registered under the
School Education Act 1999 Part 5;
(iii)
an educational institution for children;
(iv)
a coaching or private tuition service of any kind, but
not including an informal arrangement entered into for private or domestic
purposes;
(v)
an arrangement for the accommodation or care of children,
whether in a residential facility or private residence, but not including an
informal arrangement made by a parent of the child concerned or accommodation
or care provided by a relative of the child;
(vi)
a placement arrangement under the
Children and Community Services Act 2004 ;
(vii)
the performance by an officer, as defined in the
Children and Community Services Act 2004 section 3, of a function
given to the officer under that Act;
(viii)
a detention centre, as defined in the Young Offenders
Act 1994 section 3;
(ix)
a community child health service;
(x)
a counselling or other support service;
(xi)
a religious organisation;
(xii)
a club, association or movement (including of a cultural,
recreational or sporting nature and whether incorporated or not) with a
significant membership or involvement of children, but not including an
informal arrangement entered into for private or domestic purposes;
(xiii)
a ward of a public or private hospital in which children
are ordinarily patients;
(xiv)
a baby sitting or child minding service, but not
including an informal arrangement entered into for private or domestic
purposes;
(xv)
an overnight camp, regardless of the type of
accommodation or how many children are involved;
(xvi)
a transport service specifically for children;
(xvii)
a school crossing service, being a service provided to
assist children to cross roads on their way to or from school;
(xviii)
a children’s entertainment or party service; or
(xix)
any other work of a kind prescribed by the regulations;
or
(b) the
work is the exercise or performance by a person of a power or duty delegated
to the person by the CEO under section 45.
(2) For the purposes
of subsection (1), "contact with a child” does not include
contact —
(a)
between a person and a child who is employed by the person; or
(b)
between a person and a child who are both employed by the same person,
if the contact is
lawful and arises in the normal course of the child’s employment.
(3)
Subsection (1) does not apply to work that is carried out —
(a) on a
voluntary basis by a child; or
(b) in
circumstances, or by a person, prescribed by the regulations.
(4) Without limiting
subsection (3)(b), the regulations may prescribe a person for the
purposes of that provision by reference to a criminal record check (however
described) made in respect of the person —
(a)
under another Act prescribed by the regulations; or
(b) as
prescribed by the regulations.