New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 33D

33D Employer to ascertain whether employee is prohibited person

(1) An employer must not commence employing any other person in child-related employment without first requiring that other person to disclose whether or not that other person is a prohibited person.

Maximum penalty: 20 penalty units, in the case of a corporation, and 10 penalty units in any other case.

(2) A person must not, in purported compliance with a requirement under this section, make any statement that the person knows is false.

Maximum penalty: 100 penalty units, or imprisonment for 12 months, or both.

(3) This section does not apply to the employment of a person in child-related employment if all the children with whom the person is required to have contact in that employment are related to the employer (whether or not the person is related to the employer).

Note: Under section 37, an employer also has a duty to carry out background checking procedures in relation to a preferred applicant for primary child-related employment before employing the applicant. An employer who fails to do so may be required, by notice, to comply with his or her duty.