CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 333 Duty of disclosure

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 333

(1)     This section applies to the following information about someone:

        (a)     a guilty finding against the person for an offence relating to the provision of a childrens service;

        (b)     a failure by the person to comply with a legal requirement in relation to the provision of a childrens service;

        (c)     a guilty finding against the person for an offence involving dishonesty, fraud or possession of, or trafficking in, a drug of dependence;

        (d)     a refusal in any jurisdiction of an application for a licence, authority or permit in relation to a childrens service;

        (e)     a guilty finding against the person for an offence against, or involving, a child;

        (f)     any prescribed matter.

(2)     A proprietor making an application for approval in principle or a licence must include in the application information to which this section applies—

        (a)     about the proprietor; and

        (b)     if the proprietor is aware of information about a controlling person—about the controlling person.

(3)     A controlling person must give information about himself or herself to which this section applies to a proprietor making an application for an approval in principle or a licence as soon as practicable after he or she becomes aware that the proprietor proposes to make an application.

(4)     If a controlling person becomes aware that—

        (a)     an application has been made; and

        (b)     information about him or her to which this section applies has not been included in the application;

the controlling person must give the information in writing to the chief executive as soon as practicable after becoming aware of the making of the application.

(5)     A proprietor of a licensed childrens service or a controlling person of the service must provide information to which this section applies about himself or herself to the chief executive as soon as practicable after the occurrence of the event requiring disclosure.

(6)     A person must not, without reasonable excuse, fail to comply with this section.

Penalty:

        (a)     for an individual—50 penalty units or imprisonment for 6 months;

        (b)     for a body corporate—250 penalty units.