• Specific Year
    Any

CHILD PROTECTION (PROHIBITED EMPLOYMENT) ACT 1998 - SECT 7 Employer to ascertain whether employee is prohibited person

This legislation has been repealed.

CHILD PROTECTION (PROHIBITED EMPLOYMENT) ACT 1998 - SECT 7

Employer to ascertain whether employee is prohibited person

7 Employer to ascertain whether employee is prohibited person

(1) Offence of employing person in child-related employment without requiring disclosure 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) Transitional provision--offence not to require disclosures of existing employees in child-related employment An employer who, at the commencement of this subsection, employs a person in child-related employment must, within 6 months of that commencement, require the employee to disclose whether or not the employee is a prohibited person unless the person ceases, during that 6-month period, to be engaged in that employment.
Maximum penalty: 20 penalty units, in the case of a corporation, and 10 penalty units in any other case.
(3) Transitional provision--exempting employers who have carried out official criminal record checks on employees An employer does not commit an offence under subsection (2) if the employer carried out an official criminal record check on the employee within the period of 2 years immediately preceding the commencement of that subsection and did not discover any information that would lead the employer to believe that the employee was a prohibited person.
(4) Offence of failing to disclose A person must disclose to the person's employer, within 1 month of receiving notice of a requirement under subsection (2) to do so, whether or not he or she is a prohibited person.
Maximum penalty: 10 penalty units.
(5) Exemption from making disclosure where person ceases to engage in child-related employment A person does not commit an offence under subsection (4) of failing to make a disclosure to the person's employer if the person ceases to engage in (by resignation or otherwise) the child-related employment concerned within the 1 month period referred to in that subsection.
(6) Offence of making false disclosure A person must not, in purported compliance with a requirement under this section, make any statement that the person knows is false.
Maximum penalty (subsection (6)): 100 penalty units, or imprisonment for 12 months, or both.