CHILD EMPLOYMENT ACT 2003 - SECT 19B Exemptions from WWC check
CHILD EMPLOYMENT ACT 2003 - SECT 19B
Exemptions from WWC checkS. 19B(1) amended by No. 34/2020 s. 168(2).
(1) The following persons are exempt from the requirements of the Worker Screening Act 2020 as applied and modified by this Act to have a current WWC clearance under the Worker Screening Act 2020 and to undergo a WWC check under Chapter 3 of that Act in respect of their supervision of a child referred to in section 19A(1)—
(a) a person who supervises a child who is closely related to him or her;
S. 19B(1)(b) amended by No. 19/2014 s. 90(1).
(b) a person who is a registered teacher or registered early childhood teacher under the Education and Training Reform Act 2006 ;
Note
Section 2.6.28 of the Education and Training Reform Act 2006 provides that a teacher whose registration is suspended is deemed not to be registered for the period of that suspension.
S. 19B(1)(c) substituted by No. 37/2014 s. 10(Sch. item 16.2(a)), amended by No. 27/2022 s. 20(1).
(c) a person who is a police officer or protective services officer (other than a police officer or protective services officer who is suspended from duty under the Victoria Police Act 2013 );
S. 19B(1)(caa) inserted by No. 2/2024 s. 4(1).
(caa) a person who is a police custody officer supervisor or a police custody officer (other than a person whose authorisation to act as a police custody officer supervisor or a police custody officer has been suspended under the Victoria Police Act 2013 );
S. 19B(1)(ca) inserted by No. 51/2010 s. 25(2).
(ca) a person who is a member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth (other than a member who is suspended from duty under that Act);
(d) a person who is not an Australian citizen and not ordinarily resident in Australia in respect of the supervision of a child if he or she does not ordinarily engage in that work in Victoria.
(2) For the purposes of subsection (1)(a), a person is closely related to a child if the person is the child's—
(a) parent, step-parent or guardian;
(b) grandparent;
(c) uncle or aunt;
(d) brother or sister (including half-brother, half‑sister, step-brother, step-sister, brother‑in-law or sister-in-law)—
and includes, in the case of domestic partners, a person who would be closely related to the child if the domestic partners were married to each other.
S. 19B(3) amended by No. 19/2014 s. 90(2).
(3) A person who supervises a child in employment (other than teaching in a school) and who relies on an exemption under subsection (1)(b) in respect of that supervision must notify any person by whom he or she is employed in that supervision in writing of the suspension or cancellation of the person's registration as a teacher or an early childhood teacher under the Education and Training Reform Act 2006 within 7 days after receiving notice of the suspension or cancellation.
Penalty: 60 penalty units.
S. 19B(4) amended by Nos 37/2014 s. 10(Sch. item 16.2(b)), 27/2022 s. 20(2).
(4) A person referred to in subsection (1)(c) who supervises a child in employment (other than as a police officer or protective services officer) and who relies on an exemption under subsection (1)(c) in respect of that supervision must notify any person by whom he or she is employed in that supervision in writing of the suspension or dismissal of the person as a police officer or protective services officer under the Victoria Police Act 2013 within 7 days after receiving notice of the suspension or dismissal.
Penalty: 60 penalty units.
S. 19B(4A) inserted by No. 2/2024 s. 4(2).
(4A) A person referred to in subsection (1)(caa) who supervises a child in employment (other than as a police custody officer supervisor or a police custody officer) and who relies on an exemption under subsection (1)(caa) in respect of that supervision must notify any person by whom they are employed in that supervision in writing of the suspension or revocation of their authorisation to act as a police custody officer supervisor or a police custody officer under the Victoria Police Act 2013 within 7 days after receiving notice of the suspension or revocation.
Penalty: 60 penalty units.
S. 19B(5) inserted by No. 51/2010 s. 25(3).
(5) A person referred to in subsection (1)(ca) who supervises a child in employment (other than as a member of the Australian Federal Police) and who relies on an exemption under subsection (1)(ca) in respect of that supervision must notify any person by whom he or she is employed in that supervision in writing of the suspension or termination of the employment of the person as a member of the Australian Federal Police within 7 days after receiving notice of the suspension or termination.
Penalty: 60 penalty units.
Division 3—General conditions of employment