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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Working with Children (Criminal Record
Checking) Amendment Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Working with Children
(Criminal Record Checking)
Act 2004 amended
3. Act amended 3
4. Section 4 amended 3
5. Sections 9A and 9B inserted 5
9A. Application of certain provisions to
students employed in child-related
employment as part of an educational or
vocational course 5
9B. Education provider not to procure
employment for certain students in
child-related employment 7
6. Section 11 amended 9
7. Section 12 replaced 10
12. Decision on application for an assessment
notice 10
13A. Issue of assessment notice or negative
notice 13
8. Section 13 amended 14
9. Section 17 replaced 14
17. CEO may require certain people to apply
for assessment notice 14
10. Section 18 amended 16
11. Section 19 amended 16
96--1 page i
Working with Children (Criminal Record Checking) Amendment Bill 2009
Contents
12. Sections 21A, 21B and 21C inserted 17
21A. Cancellation of assessment notice of
certain persons not involved in
child-related work 17
21B. Cancellation of assessment notice on
person's request 18
21C. Cancellation of assessment notice of
certain persons taken to have applied for
an assessment notice 18
13. Section 25 amended 19
14. Section 26 amended 20
15. Section 29 amended 21
16. Section 31 amended 22
17. Section 32A inserted 22
32A. Certain people to notify proposed
employer of relevant change in criminal
record 22
18. Section 32 amended 23
19. Section 35 amended 23
20. Section 36 amended 23
21. Section 38 amended 24
22. Section 42 amended 26
23. Section 44 amended 26
24. Schedule 1 amended 27
25. Schedule 2 amended 28
Part 3 -- Spent Convictions Act 1988
amended
26. Act amended 29
27. Section 28 amended 29
28. Schedule 3 amended 30
page ii
Western Australia
LEGISLATIVE COUNCIL
Working with Children (Criminal Record
Checking) Amendment Bill 2009
A Bill for
An Act to amend the Working with Children (Criminal Record
Checking) Act 2004 and the Spent Convictions Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Working with Children (Criminal Record Checking)
4 Amendment Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 3
1 Part 2 -- Working with Children (Criminal Record
2 Checking) Act 2004 amended
3 3. Act amended
4 This Part amends the Working with Children (Criminal Record
5 Checking) Act 2004.
6 4. Section 4 amended
7 (1) In section 4 insert in alphabetical order:
8
9 Class 3 offence means an offence that is not a Class 1
10 offence or a Class 2 offence;
11 education provider means --
12 (a) a university established or continued under an
13 Act of this State, the Commonwealth, another
14 State or a Territory; or
15 (b) the university company as defined in the Bond
16 University Act 1987 (Queensland) section 2; or
17 (c) a college or other vocational and training
18 institution as defined in the Vocational
19 Education and Training Act 1996 section 5(1);
20 or
21 (d) a school specified under the Vocational
22 Education and Training Act 1996 section 6(1);
23 or
24 (e) an authorised non-university institution, a
25 recognised Australian university or a
26 recognised overseas university as defined in the
27 Higher Education Act 2004 section 3; or
28 (f) any other provider of an educational or
29 vocational course prescribed by the regulations
30 for the purposes of this paragraph;
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 4
1 student means a person who --
2 (a) is undertaking an educational or vocational
3 course of study with an education provider; and
4 (b) may or must undertake child-related work as
5 part of that course;
6
7 (2) In section 4 in the definition of child-related employment:
8 (a) in paragraph (a) delete "apprenticeship" and insert:
9
10 training contract
11
12 (b) in paragraph (c) delete "organisation;" and insert:
13
14 organisation; or
15
16 (c) after paragraph (c) insert:
17
18 (d) child-related work carried out by a student with
19 another person that may or must be undertaken
20 as part of the student's course of study;
21
22 (3) In section 4 in the definition of parent:
23
24 (a) after paragraph (c) insert:
25
26 (d) who is specified as the child's prospective
27 adoptive parent under the Adoption Act 1994
28 section 20(b);
29 (b) after paragraphs (a) and (c) insert:
30
31 or
32
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 5
1 5. Sections 9A and 9B inserted
2 At the end of Part 1 insert:
3
4 9A. Application of certain provisions to students
5 employed in child-related employment as part of an
6 educational or vocational course
7 (1) This section applies in relation to a student.
8 (2) If this section applies --
9 (a) section 9(3)(b) does not apply and the approved
10 form is to include provision for a student's
11 education provider or employer to certify that
12 the student is, or proposes to be, employed in
13 child-related employment; and
14 (b) section 11(3) applies as if the reference to the
15 other person were a reference to the other
16 person or the student's education provider; and
17 (c) sections 13A(1)(b), 13(3) and 20(6) apply as
18 if --
19 (i) the reference to child-related
20 employment by another person were a
21 reference to employment by another
22 person as part of a course with an
23 education provider; and
24 (ii) the reference to the other person were a
25 reference to the other person or the
26 student's education provider;
27 and
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 5
1 (d) section 16 applies as if section 16(1) were
2 deleted and the following subsection were
3 inserted:
4
5 (1) If a person or a student's education provider (the
6 employer) who employs a student or procures
7 employment for the student (the employee) in
8 child-related employment --
9 (a) reasonably suspects that the employee has been
10 charged with or convicted of an offence; and
11 (b) reasonably believes that the charge or
12 conviction makes it inappropriate for the
13 employee to continue to carry out child-related
14 work,
15 the employer may give written notice to the CEO of the
16 suspicion and belief and the grounds on which the
17 suspicion and belief are held.
18
19 and
20 (e) section 18(2) applies in relation to a student
21 employed in child-related employment as part
22 of a course conducted by an education provider
23 as if --
24 (i) the reference to the person's employer
25 were a reference to the person's
26 employer or education provider; and
27 (ii) the reference to the employer were a
28 reference to the employer or the
29 person's education provider;
30 and
31 (f) section 29(1) applies to a student employed in
32 child-related employment as part of a course
33 conducted by an education provider so that the
34 student is under an obligation to give his or her
35 education provider written notice of a relevant
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 5
1 change in the student's criminal record as soon
2 as is practicable after the change occurs; and
3 (g) section 29(2) applies in relation to a notice
4 received by the CEO from a student employed
5 in child-related employment as part of a course
6 conducted by an education provider so that the
7 CEO may advise the student's education
8 provider of the relevant change in the student's
9 criminal record disclosed in the notice; and
10 (h) section 31(3) applies to a student offered
11 child-related employment as part of a course
12 conducted by an education provider so that the
13 student is under an obligation to give the CEO
14 and his or her education provider written notice
15 of the things referred to in paragraphs (a) and
16 (b) of that subsection.
17 9B. Education provider not to procure employment for
18 certain students in child-related employment
19 (1) An education provider must not, for the purpose of
20 enabling a student to complete the syllabus for a course
21 conducted by the provider, procure employment for the
22 student in child-related employment if --
23 (a) the education provider --
24 (i) is aware of a Class 1 offence or a
25 Class 2 offence of which the student has
26 been convicted; or
27 (ii) is aware that the student has a pending
28 charge in respect of a Class 1 offence or
29 a Class 2 offence;
30 and
31 (b) the student does not have a current assessment
32 notice and has not made an application for an
33 assessment notice that is pending.
34 Penalty: a fine of $60 000.
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 5
1 (2) An education provider must not, for the purpose of
2 enabling a student to complete the syllabus for a course
3 conducted by the provider, procure employment for the
4 student in child-related employment if the education
5 provider is aware that a negative notice or an interim
6 negative notice has been issued to the student and is
7 current.
8 Penalty: a fine of $60 000.
9 (3) An education provider must not, for the purpose of
10 enabling a student to complete the syllabus for a course
11 conducted by the provider, procure child-related
12 employment for the student in connection with a child
13 care service if the student does not have a current
14 assessment notice and has not made an application for
15 an assessment notice that is pending.
16 Penalty: a fine of $12 000.
17 (4) An education provider must not, for the purpose of
18 enabling a student to complete the syllabus for a course
19 conducted by the provider, procure child-related
20 employment for the student if the education provider is
21 aware that the student has withdrawn an application for
22 an assessment notice.
23 Penalty: a fine of $12 000.
24 (5) An education provider must not, for the purpose of
25 enabling a student to complete the syllabus for a course
26 conducted by the provider, procure child-related
27 employment for the student with a person
28 (an employer) if --
29 (a) the student has previously been employed by
30 the employer in child-related employment for
31 the purpose of enabling the student to complete
32 the syllabus for that course for more than
33 5 days in a calendar year; and
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 6
1 (b) the student does not have a current assessment
2 notice and has not made an application for an
3 assessment notice that is pending.
4 Penalty: a fine of $12 000.
5 (6) Subsection (5) does not apply in relation to the
6 procurement of child-related employment for a student
7 if subsection (1), (2), (3) or (4) applies in relation to
8 that procurement of employment.
9 (7) A person charged with an offence under this section
10 may be convicted of another offence under this section
11 if that offence is established by the evidence.
12
13 6. Section 11 amended
14 (1) After section 11(1) insert:
15
16 (2A) Subsection (1) does not apply if the CEO has issued an
17 interim negative notice to the applicant that is current.
18
19 (2) In section 11(2)(a) delete "identity;" and insert:
20
21 identity, that the applicant is, or proposes to be,
22 employed in child-related employment by
23 another person or that the applicant carries on,
24 or proposes to carry on, a child-related business
25 (as the case may be); and
26
27 (3) In section 11(2)(b)(i) delete "the applicant's identity; and" and
28 insert:
29
30 any matter referred to in paragraph (a)
31 that is relevant to the application; and
32
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 7
1 (4) After section 11(2)(b) insert:
2
3 and
4
5 (5) After section 11(3) insert:
6
7 (4) This section does not apply to an application taken to
8 be made under section 9 or 10 in accordance with
9 section 17(3)(d)(i).
10
11 7. Section 12 replaced
12 Delete section 12 and insert:
13
14 12. Decision on application for an assessment notice
15 (1) The CEO is to decide an application under section 9
16 or 10 in accordance with this section --
17 (a) by issuing an assessment notice to the
18 applicant; or
19 (b) by issuing a negative notice to the applicant.
20 (2) The CEO is not to decide the application unless the
21 CEO has made a criminal record check in respect of
22 the applicant.
23 (3) If one or more conditions specified in the Table apply
24 in relation to an applicant, the CEO is to decide the
25 application in accordance with --
26 (a) if any one condition applies, the applicable
27 provision opposite that condition; or
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 7
1 (b) if more than one condition applies, the
2 applicable provision opposite the condition that
3 has the higher or highest item number in the
4 Table.
5 Table
Item Condition Applicable
provision
1. The CEO is not aware of --
(a) any offence of which the applicant has
been convicted; or
(b) any charge of an offence against the
applicant. s. 12(4)
2. The CEO is aware that the applicant has a
non-conviction charge in respect of a
Class 3 offence. s. 12(4)
3. The CEO is aware, not as a result of a notice
under section 16(1) or 17(1), of a pending
charge against the applicant in respect of a
Class 3 offence. s. 12(4)
4. The CEO is aware, as a result of a notice
under section 16(1) or 17(1), of a pending
charge against the applicant in respect of a
Class 3 offence. s. 12(5)
5. The CEO is aware of a Class 3 offence of
which the applicant has been convicted. s. 12(5)
6. The CEO is aware that the applicant has a
non-conviction charge in respect of a
Class 1 offence or a Class 2 offence. s. 12(5)
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 7
Item Condition Applicable
provision
7. The CEO --
(a) is aware of a Class 3 offence of which
the applicant has been convicted; and
(b) reasonably believes that in the course of
committing the offence the applicant
performed an indecent act. s. 12(6)
8. The CEO is aware of a pending charge
against the applicant in respect of a Class 1
offence or a Class 2 offence. s. 12(6)
9. The CEO is aware of a Class 2 offence of
which the applicant has been convicted. s. 12(6)
10. The CEO is aware of a Class 1 offence
(committed by the applicant when a child)
of which the applicant has been convicted. s. 12(6)
11. The CEO is aware of a Class 1 offence (that
was not committed by the applicant when a
child) of which the applicant has been
convicted. s. 12(7)
1 (4) If this subsection applies, the CEO is to issue an
2 assessment notice to the applicant.
3 (5) If this subsection applies, the CEO is to issue an
4 assessment notice to the applicant unless the CEO is
5 satisfied that, because of the particular circumstances
6 of the case, a negative notice should be issued to the
7 applicant.
8 (6) If this subsection applies, the CEO is to issue a
9 negative notice to the applicant unless the CEO is
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 7
1 satisfied that, because of the exceptional circumstances
2 of the case, an assessment notice should be issued to
3 the applicant.
4 (7) If this subsection applies, the CEO is to issue a
5 negative notice to the applicant.
6 (8) If subsection (5) or (6) applies in respect of an offence,
7 the CEO is to decide whether he or she is satisfied in
8 relation to the particular or exceptional circumstances
9 of the case having regard to --
10 (a) the best interests of children;
11 (b) when the offence was committed or is alleged
12 to have been committed;
13 (c) the age of the applicant when the offence was
14 committed or is alleged to have been
15 committed;
16 (d) the nature of the offence and any relevance it
17 has to child-related work;
18 (e) the effect of future conduct by the applicant in
19 relation to a child if that future conduct were
20 the same or similar to conduct the subject of --
21 (i) any offence committed by the applicant;
22 or
23 (ii) any charge against the applicant;
24 (f) any information given by the applicant in, or in
25 relation to, the application;
26 (g) anything else that the CEO reasonably
27 considers relevant to the decision.
28 13A. Issue of assessment notice or negative notice
29 (1) On deciding the application --
30 (a) the CEO is to issue the assessment notice or the
31 negative notice, as the case requires, to the
32 applicant; and
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 8
1 (b) if the CEO is aware that that applicant is, or is
2 proposed to be, employed in child-related
3 employment by another person -- the CEO is
4 to give a copy of the notice to the other person.
5 (2) When a negative notice is issued to an applicant, the
6 CEO is to provide with it a written notice that --
7 (a) states the reasons for the CEO's decision on the
8 application; and
9 (b) states that the applicant may, subject to
10 section 26(3A), apply to the State
11 Administrative Tribunal, within 28 days after
12 the date of the negative notice, to have the
13 decision reviewed; and
14 (c) explains how the application for the review is
15 made.
16
17 8. Section 13 amended
18 In section 13(4) delete "applicant, or the application is
19 withdrawn." and insert:
20
21 applicant.
22
23 9. Section 17 replaced
24 Delete section 17 and insert:
25
26 17. CEO may require certain people to apply for
27 assessment notice
28 (1) If the Commissioner reasonably believes that a person
29 charged with or convicted of an offence --
30 (a) is a person in respect of whom the CEO may
31 ask for information under section 34; or
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 9
1 (b) carries out child-related work,
2 and the Commissioner reasonably believes that the
3 charge or conviction makes it inappropriate for the
4 person to continue to carry out child-related work or
5 have an assessment notice, the Commissioner may give
6 the CEO notice of --
7 (c) the person's name and address; and
8 (d) the person's date of birth; and
9 (e) the offence with which the person has been
10 charged or of which the person has been
11 convicted; and
12 (f) the details of the offence; and
13 (g) the date of the charge or conviction.
14 (2) The Commissioner may give notice under
15 subsection (1) despite another Act or law.
16 (3) If the CEO is satisfied that there are reasonable
17 grounds for believing that a person in respect of whom
18 the CEO has been given notice under subsection (1) or
19 information under section 34 --
20 (a) carries out child-related work or has a current
21 assessment notice; and
22 (b) has been charged with or convicted of an
23 offence, being a charge or conviction of which
24 the CEO was not previously aware and the
25 charge or conviction makes it inappropriate for
26 the person to continue to carry out child-related
27 work or have an assessment notice,
28 the CEO may --
29 (c) if the person does not have a current assessment
30 notice, give the person a written notice
31 requiring the person to apply, within 10 days
32 after the date of the notice, for an assessment
33 notice; or
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 10
1 (d) if the person has a current assessment notice,
2 make a decision under section 12 as if --
3 (i) an application had been made by the
4 person under section 9 or 10, as the case
5 requires; and
6 (ii) a reference in section 12 to issuing an
7 assessment notice were a reference to
8 issuing an assessment notice or a further
9 assessment notice.
10 (4) A person must comply with a notice given to the
11 person under subsection (3)(c) within the period
12 referred to in that paragraph.
13 Penalty: a fine of $1 000.
14 (5) It is a defence to a charge of an offence under
15 subsection (4) to prove that, at the time the offence is
16 alleged to have been committed, the person was not
17 carrying out child-related work.
18
19 10. Section 18 amended
20 In section 18(1) delete "or 17(3)" and insert:
21
22 or 17(3)(c)
23
24 11. Section 19 amended
25 In section 19(3):
26 (a) in paragraph (b) delete "appeal." and insert:
27
28 appeal; or
29
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 12
1 (b) after paragraph (b) insert:
2
3 (c) the negative notice was issued under
4 section 12(5) because the condition in item 4 of
5 the Table to section 12(3) applied to the person
6 and the pending charge in respect of an offence
7 referred to in that item was later disposed of by
8 a court otherwise than by way of a conviction.
9
10 12. Sections 21A, 21B and 21C inserted
11 After section 20 insert:
12
13 21A. Cancellation of assessment notice of certain persons
14 not involved in child-related work
15 (1) If a person in respect of whom the CEO has received a
16 notice under section 17(1) has a current assessment
17 notice and that person gives the CEO written notice
18 that the person is not employed in child-related
19 employment or carrying on a child-related business, the
20 CEO is to cancel the assessment notice.
21 (2) If a person in respect of whom the CEO is required to
22 make a decision in accordance with section 17(3)(d)
23 gives the CEO a notice under subsection (1), the CEO
24 may --
25 (a) cancel the person's assessment notice; and
26 (b) not make a decision in accordance with that
27 paragraph.
28 (3) If the CEO cancels the person's assessment notice, the
29 CEO is to give the person written notice of the
30 cancellation.
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amended
s. 12
1 21B. Cancellation of assessment notice on person's
2 request
3 (1) If a person applies to the CEO in writing or in an
4 approved form for the cancellation of the person's
5 assessment notice and the CEO reasonably believes
6 that the person does not carry out child-related work,
7 the CEO may cancel the notice.
8 (2) If the CEO cancels the person's assessment notice, the
9 CEO is to give the person written notice of the
10 cancellation.
11 21C. Cancellation of assessment notice of certain persons
12 taken to have applied for an assessment notice
13 (1) If --
14 (a) a notice given to the CEO under section 29(1)
15 or 30 is treated under section 32(1) as an
16 application for an assessment notice; and
17 (b) the person who gave the notice to the CEO
18 advises the CEO that he or she has ceased to be
19 employed in child-related work or to carry on a
20 child-related business; and
21 (c) the person has a current assessment notice; and
22 (d) the person requests the CEO not to decide the
23 application,
24 the person is taken to have withdrawn the application
25 and the CEO is to cancel the assessment notice.
26 (2) If the CEO cancels the person's assessment notice, the
27 CEO is to give the person written notice of the
28 cancellation.
29
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 13
1 13. Section 25 amended
2 (1) In section 25(4):
3 (a) in paragraph (b) delete "service." and insert:
4
5 service; or
6
7 (b) after paragraph (b) insert:
8
9 (c) whose assessment notice has been cancelled
10 under section 21A(1) or (2) or 21C(1).
11
12 (2) After section 25(4) insert:
13
14 (5) Subsection (3) does not apply to a person who has had
15 an assessment notice cancelled under section 31(5) if
16 the person --
17 (a) has not been issued with a further assessment
18 notice; or
19 (b) has applied for a further assessment notice and
20 the application was pending at the time the
21 offence under section 24 is alleged to have been
22 committed.
23 (6) Subsection (3) does not apply to a person --
24 (a) who has applied for an assessment notice
25 having been required to do so under
26 section 16(3) or 17(3)(c); or
27 (b) who has given the CEO a notice that is to be
28 treated under section 32(1) as an application by
29 the person for an assessment notice; or
30 (c) has been given a written notice by the CEO
31 under section 13 that the CEO proposes or is
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 14
1 required to decide an application under
2 section 12 by issuing a negative notice,
3 if the person withdraws the application for an
4 assessment notice before the CEO decides the
5 application.
6 (7) Subsection (3) does not apply to a person referred to in
7 section 17(3)(d).
8
9 14. Section 26 amended
10 (1) In section 26(1) in the definition of defined period:
11 (a) delete "section 19(10)." and insert:
12
13 section 19(10); or
14
15 (b) after paragraph (b) insert:
16
17 (c) in relation to a decision by the CEO to refuse to
18 cancel a negative notice and substitute the
19 correct notice -- 28 days after the date the CEO
20 refuses to cancel the negative notice and
21 substitute the correct notice.
22
23 (2) In section 26(2) delete "A person" and insert:
24
25 Subject to subsection (3A), a person
26
27 (3) After section 26(2) insert:
28
29 (3A) If a person has not made a submission to the CEO
30 under section 13(1)(a)(iii) after having been invited to
31 do so by the CEO, the person cannot make an
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amended
s. 15
1 application under subsection (2)(a) without the leave of
2 the Tribunal.
3 (3B) A person may apply to the State Administrative
4 Tribunal within the defined period for a review of a
5 decision by the CEO to refuse to cancel a negative
6 notice and substitute the correct notice under
7 section 20(2) if the person --
8 (a) has been refused leave under subsection (3A);
9 and
10 (b) has subsequently made a submission to the
11 CEO under section 13(1)(a)(ii) having been
12 invited to do so by CEO.
13
14 (4) In section 26(3) after "subsection (2)" insert:
15
16 or (3B)
17
18 15. Section 29 amended
19 (1) In section 29(1) after "must give" insert:
20
21 the CEO and
22
23 (2) Delete section 29(2) and insert:
24
25 (2) If the CEO receives a notice under subsection (1), the
26 CEO may advise the person's employer of the relevant
27 change in the person's criminal record disclosed in the
28 notice.
29
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amended
s. 16
1 16. Section 31 amended
2 After section 31(3) insert:
3
4 (4) A person to whom this section applies must give
5 written notice to the CEO of a relevant change in the
6 person's criminal record as soon as is practicable after
7 the change occurs.
8 Penalty: a fine of $60 000 and imprisonment for
9 5 years.
10 (5) If the CEO receives a notice from a person under
11 subsection (4), the CEO is to cancel the person's
12 assessment notice.
13 (6) If the CEO cancels the person's assessment notice, the
14 CEO is to give the person written notice of the
15 cancellation.
16
17 17. Section 32A inserted
18 After section 31 insert:
19
20 32A. Certain people to notify proposed employer of
21 relevant change in criminal record
22 If a person who has had his or her assessment notice
23 cancelled (the cancelled assessment notice) under
24 section 31(5) --
25 (a) has applied for a further assessment notice and
26 the application is pending; and
27 (b) a person (the proposed employer) proposes to
28 employ him or her in child-related employment,
29 the person must give the proposed employer written
30 notice of any relevant change in the person's criminal
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 18
1 record since the cancelled assessment notice was
2 issued.
3 Penalty: a fine of $60 000 and imprisonment for
4 5 years.
5
6 18. Section 32 amended
7 In section 32(1) delete "section 29(2)" and insert:
8
9 section 29(1)
10
11 19. Section 35 amended
12 In section 35:
13 (a) in paragraph (b) delete "CEO." and insert:
14
15 CEO; or
16
17 (b) after paragraph (b) insert:
18
19 (c) if the person is a student, the person's education
20 provider.
21
22 20. Section 36 amended
23 In section 36:
24 (a) in paragraph (b) delete "person." and insert:
25
26 person; or
27
page 23
Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 21
1 (b) after paragraph (b) insert:
2
3 (c) the CEO gives the person a notice of
4 cancellation of the assessment notice under
5 section 21A(3), 21B(2), 21C(2) or 31(6).
6
7 21. Section 38 amended
8 (1) In section 38(2) delete "that a negative notice or an interim
9 negative notice has been issued to a person." and insert:
10
11 that --
12 (a) an application for an assessment notice has
13 been made by a person in respect of which no
14 decision has yet been made under section 12; or
15 (b) an assessment notice has been issued to a
16 person; or
17 (c) an application for an assessment notice has
18 been withdrawn by a person; or
19 (d) a negative notice or an interim negative notice
20 has been issued to a person; or
21 (e) a person does not have a current assessment
22 notice.
23
24 (2) Delete section 38(3) and insert:
25
26 (3) If the CEO reasonably believes that a person --
27 (a) holds a licence under the Child Care Services
28 Act 2007; or
page 24
Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 21
1 (b) is a nominated supervising officer, a
2 supervising officer or a managerial officer, as
3 defined in section 3 of that Act,
4 the CEO may give written notice to the chief executive
5 officer of the Department that --
6 (c) an application for an assessment notice has
7 been made by a person in respect of which no
8 decision has yet been made under section 12; or
9 (d) an assessment notice has been issued to the
10 person; or
11 (e) an application for an assessment notice has
12 been withdrawn by the person; or
13 (f) a negative notice or an interim negative notice
14 has been issued to the person; or
15 (g) the person does not have a current assessment
16 notice.
17
18 (3) After section 38(4) insert:
19
20 (5) If the CEO gives a notice in relation to a person under
21 subsection (2) to the Department of the Public Service
22 principally assisting in the administration of the Police
23 Act 1892, the CEO may also give that Department
24 notice of the person's employment details.
25
26 Note: The heading to amended section 38 is to read:
27 Disclosure of information by CEO to certain bodies
page 25
Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 22
1 22. Section 42 amended
2 In section 42(1) in the definition of regulated person:
3 (a) in paragraph (b) delete "business." and insert:
4
5 business; or
6
7 (b) after paragraph (b) insert:
8
9 (c) who is an education provider.
10
11 23. Section 44 amended
12 (1) In section 44(1) delete "complaint" and insert:
13
14 prosecution notice
15
16 (2) In section 44(2) delete "complaint" and insert:
17
18 prosecution notice
19
20 (3) After section 44(2) insert:
21
22 (3A) In proceedings for an offence against
23 section 9B(1), (2) or (4), an allegation in the
24 prosecution notice that an education provider
25 was aware at a specified time of a specified
26 matter referred to in that subsection is, in the
27 absence of evidence to the contrary, taken to be
28 proved.
29 (3B) In proceedings for an offence against
30 section 9B(1), (2), (3), (4) or (5), an allegation
31 in the prosecution notice that the procurement
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Working with Children (Criminal Record Checking) Amendment Bill 2009
Working with Children (Criminal Record Checking) Act 2004 Part 2
amended
s. 24
1 by an education provider of employment for a
2 student in child-related employment was for the
3 purpose of enabling the student to complete the
4 syllabus for a course conducted by the provider
5 is, in the absence of evidence to the contrary,
6 taken to be proved.
7
8 24. Schedule 1 amended
9 In Schedule 1 under the heading relating to The Criminal Code
10 insert in the appropriate numerical order:
11
s. 186(1) Occupier or owner allowing a child to be on
premises for unlawful carnal knowledge (if the
child in relation to whom the offence is committed
is under 13)
s. 325 Sexual penetration without consent (if the person
against whom the offence is committed is a child
under 13)
s. 326 Aggravated sexual penetration without consent (if
the person against whom the offence is committed
is a child under 13)
s. 327 Sexual coercion (if the person against whom the
offence is committed is a child under 13)
s. 328 Aggravated sexual coercion (if the person against
whom the offence is committed is a child
under 13)
12
page 27
Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 2 Working with Children (Criminal Record Checking) Act 2004
amended
s. 25
1 25. Schedule 2 amended
2 In Schedule 2 under the heading relating to The Criminal Code
3 delete the item relating to section 186 and insert:
4
s. 186(1) Occupier or owner allowing a child to be on
premises for unlawful carnal knowledge (if the
child in relation to whom the offence is
committed is 13 or over)
5
page 28
Working with Children (Criminal Record Checking) Amendment Bill 2009
Spent Convictions Act 1988 amended Part 3
s. 26
1 Part 3 -- Spent Convictions Act 1988 amended
2 26. Act amended
3 This Part amends the Spent Convictions Act 1988.
4 27. Section 28 amended
5 (1) Before section 28(1) insert:
6
7 (1A) In this section --
8 child means a person under 18 years of age;
9 official criminal record means a record containing
10 information about the results of criminal proceedings
11 kept for the purposes of its functions by any police
12 force, court, government department, local or other
13 public authority in Western Australia.
14
15 (2) Delete section 28(2) and insert:
16
17 (2) Subsection (1) does not apply to a prescribed person
18 if --
19 (a) the person is required or permitted under a
20 prescribed law of the Commonwealth, another
21 State or a Territory to obtain or deal with
22 information about a person who works, or seeks
23 to work, with a child; and
24 (b) the purpose of obtaining the information from
25 an official criminal record is to obtain or deal
26 with the information in accordance with the
27 prescribed law.
28
page 29
Working with Children (Criminal Record Checking) Amendment Bill 2009
Part 3 Spent Convictions Act 1988 amended
s. 28
1 28. Schedule 3 amended
2 After Schedule 3 clause 2(6) insert:
3
4 (7) The CEO as defined in the Working with Children (Criminal
5 Record Checking) Act 2004 section 4 is excepted from the
6 provisions of section 28(1) in respect of all spent
7 convictions in disclosing information under section 37(2) of
8 that Act if the disclosure is to a corresponding authority as
9 defined in section 37(1) of that Act and that authority is a
10 person prescribed under section 28(2).
11
12
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