CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - As at 13 January 2023 - Act 51 of 2012
- As at 13 January 2023 - Act 51 of 2012Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Object of Act
- 4 Safety, welfare and well-being of children to be paramount consideration
- 5 Definitions
- 5A Meaning of "reside on a property"
- 5B Meaning of "risk to the safety of children"
- 5C Meaning of "criminal history"
PART 2 - RESTRICTIONS ON CHILD-RELATED WORK
Division 1 - Child-related work
- 6 Child-related work
- 7 Additional child-related work
Division 2 - Mandatory requirements for child-related work
- 8 Restrictions on engaging in child-related work
- 9 Employers must require clearance or current application
- 9A Employer must verify and record clearance details
- 9AA Licensing authorities must verify and record clearance details
- 9B Governing body to ensure persons appointed to key positions hold clearance
Division 3 - Clearances for other persons
- 10 Adult persons residing with authorised carers or persons providing family day care services
- 11 Prospective adoptive parents and adults residing with them
- 11A Prospective guardians and adults residing with them
- 11B Responsible agency must verify person has clearance or current application
- 11C Candidates for State Parliamentary elections
- 11D Continuing residence approval
PART 3 - WORKING WITH CHILDREN CHECK CLEARANCES
Division 1 - Classes of clearances
- 12 Classes of clearances
Division 2 - Applications for clearances
- 13 Applications for clearances
- 13AA Withdrawal of applications for clearances
- 13AB Termination of applications for clearances
- 13A Embargo after refusal of application or cancellation of clearance
Division 3 - Risk assessment of applicants and holders
- 14 Assessment requirements
- 15 Assessment of applicants and holders
- 16 Request for further information
- 17 Interim bars
Division 4 - Determination of applications for clearances
- 18 Determination of applications for clearances
- 19 Notice of proposed refusal of application
- 20 Notice of final decision granting or refusing clearance 21. (Repealed)
Division 5 - Duration and termination of clearances
- 22 Duration of clearances
- 23 Cancellation of clearances
- 24 Surrender of clearances or death of holder
Division 6 - Working with children register
PART 4 - REVIEWS AND APPEALS
- 26 Persons not entitled to apply for review or enabling order
- 27 Applications to Civil and Administrative Tribunal for administrative reviews of clearance decisions
- 28 Orders relating to disqualified and ineligible persons
- 29 Further review of persons who obtain enabling orders
- 30 Determination of applications and other matters
PART 5 - PROVISION OF INFORMATION
- 31 Powers of Children's Guardian to require production of information
- 32 Incidental disclosure of information by DPP authorised
- 33 Notification of offences and other information
- 33A Notification of animal cruelty offences
- 34 Notification of information relating to criminal history for interstate child-related work screening
- 35 Notification by reporting bodies of conduct constituting assessment requirement trigger
- 36 Enforcement notices
- 36A Information-sharing
- 36AA Obtaining and sharing information--NDIS Screening Agency
- 36B Duty to keep information up to date
- 36D National Reference System database
PART 6 - FUNCTIONS OF CHILDREN'S GUARDIAN
- 37 Database functions of Children's Guardian
- 38 Children's Guardian's public awareness and advice functions
- 39 Children's Guardian's monitoring and auditing functions
- 40 Power to compel production of information for monitoring or auditing purposes
- 40A Power to audit declarations made by exempt workers
PART 7 - MISCELLANEOUS
- 41 Act to bind Crown
- 42 Effect of Act on other rights and procedures
- 42A Expert advisory panel
- 43 Protection of persons relating to child-related work
- 44 Evidentiary certificate
- 45 Unauthorised disclosure or dishonest collection of information
- 45A False or misleading statements
- 46 Obtaining information on disciplinary matters under Government Information (Public Access) Act 2009
- 47 Relationship with other Acts and laws
- 48 Information about old offences may be given
- 48A Reports under Children and Young Persons (Care and Protection) Act 1998
- 49 Nature of proceedings for offences
- 50 Offences by corporations
- 50A Penalty notices
- 50B Authorised officers
- 51 Service of documents
- 52 Regulations
- 53 Review of Act 54. (Repealed)
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3 Schedule 4 (Repealed)