New South Wales Repealed Acts

This legislation has been repealed.

CHILD PROTECTION (PROHIBITED EMPLOYMENT) ACT 1998 - SECT 6

6 Offences relating to prohibited persons

(1) Offence of applying for, undertaking or remaining in child-related employment A prohibited person must not:

(a) apply for child-related employment, or

(b) undertake child-related employment, or

(c) remain in child-related employment.

Maximum penalty: 100 penalty units, or imprisonment for 2 years, or both.

(2) Defence It is a defence to a prosecution for an offence against this section if the defendant establishes that he or she did not know, at the time of the commission of the offence, that the employment concerned was child-related employment.

(3) Transitional provisions relating to persons other than self-employed persons A person who is in child-related employment at the commencement of this section (other than a self-employed person) and who is a prohibited person at that commencement does not commit an offence under this section by remaining in that employment during the period of 3 months after that commencement if:

(a) the person discloses to his or her employer, within 1 month of that commencement, that he or she is a prohibited person, and

(b) the person complies with any requirement of his or her employer concerning unsupervised contact with children during that 3-month period.

(4) Transitional provisions relating to self-employed persons A self-employed person who is in child-related employment at the commencement of this section and who is a prohibited person at that commencement does not commit an offence under this section by remaining in that employment during the period of 3 months after that commencement if the person takes all reasonable steps available in the circumstances to prevent or restrict himself or herself from having unsupervised contact with children in the course of that employment during that 3-month period.