CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 193 Change of circumstances requiring imposition of conditions

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 193

    (1)     A person holding a clearance notice that is in force must, as soon as practicable after a change of circumstances prescribed by regulation has occurred, give written notice of the change to:

    (a)     the Authority; and

    (b)     everyone who engages or proposes to engage the person in child-related employment.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (2)     After becoming aware of the change (whether because of subsection (1) or not), the Authority may specify conditions for the clearance notice by notice given to the following:

    (a)     the person;

    (b)     the applicant for the clearance notice (if the applicant was not the person);

    (c)     anyone who engages or proposes to engage the person in child-related employment.

    (3)     The Authority must have regard to the administrative guidelines when giving the notice.

    (4)     The notice must:

    (a)     be accompanied by the Authority's reasons for specifying the conditions; and

    (b)     state that the person and applicant are entitled to apply for a review of the decision under section 194 ; and

    (c)     the time within which the application may be made.

    (5)     Without limiting subsection (2), the Authority may specify any of the following conditions for the clearance notice under that subsection:

    (a)     that the person must not be engaged in child-related employment for a specified period;

    (b)     that the person must not be engaged in a specified class of child-related employment for a specified period;

    (c)     that the person may be engaged in child-related employment or a specified class of child-related employment only under specified conditions.

    (6)     A person must not contravene any of the specified conditions.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (7)     It is a defence to a prosecution for an offence against subsection (6) if the defendant has a reasonable excuse.