SEX OFFENDERS REGISTRATION ACT 2004 - SECT 67 Definitions
SEX OFFENDERS REGISTRATION ACT 2004 - SECT 67
Definitions(1) In this Part—
S. 67(1) def. of child - related employment amended by Nos 57/2005 s. 51(1), 48/2006 s. 42(Sch. item 33.6), 80/2011 s. 79(Sch. item 6).
child-related employment means employment involving contact with a child in connection with—
(a) child protection services;
(b) child care services mentioned in section 194(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;
(c) children's services within the meaning of the Children's Services Act 1996 ;
(ca) education and care services within the meaning of the Education and Care Services National Law (Victoria);
(e) community services, remand centres, youth residential centres, youth supervision units or youth justice centres, within the meaning of the Children, Youth and Families Act 2005 or probation services under that Act;
(f) refuges or other residential facilities used by children;
(g) paediatric wards of public hospitals within the meaning of the Health Services Act 1988 or of private hospitals within the meaning of that Act;
(h) clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;
(i) religious organisations;
(j) baby sitting or child minding services arranged by a commercial agency;
(k) fostering children;
(l) providing, on a publicly-funded or commercial basis, a transport service specifically for children;
(m) coaching or private tuition services of any kind for children;
(n) counselling or other support services for children;
(o) overnight camps for children regardless of the type of accommodation or of how many children are involved;
(p) school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;
(q) providing, on a commercial basis and not merely incidentally to or in support of other business activities, an entertainment or party service specifically for children;
(r) providing, on a commercial basis and not merely incidentally to or in support of other business activities, gym or play facilities specifically for children;
Example
The provision of play facilities for children by a fast-food business may be merely incidental to the business of providing food.
(s) providing, on a commercial basis and not merely incidentally to or in support of other business activities, photography services specifically for children;
(t) talent or beauty competitions held for children on a commercial basis and not merely incidentally to or in support of other business activities;
S. 67(1) def. of contact repealed by No. 82/2014 s. 23.
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S. 67(1) def. of educational institutions for children substituted as educational institution by No. 57/2005 s. 51(2), substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 36.1(a)), amended by Nos 76/2013 s. 22, 32/2022 s. 65.
"educational institution" means—
(a) any Government school or non-Government school within the meaning of the Education and Training Reform Act 2006 ; or
(b) any of the following—
(i) a TAFE institute within the meaning of the Education and Training Reform Act 2006 ;
(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006 ;
(iii) a provider of adult, community and further education, within the meaning of the Education and Training Reform Act 2006 , that is eligible for funding under that Act;
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(v) an education and training organisation registered on the State Register under the Education and Training Reform Act 2006 —
to the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children, and that leads to the award of a Senior Secondary Certificate of Education that is recognised by the AQF within the meaning of the Education and Training Reform Act 2006 ; or
(c) any other institution that provides a program of study or training primarily for, or directed at, children—
but does not include—
(d) except to the extent provided by paragraph (b), a university within the meaning of the Education and Training Reform Act 2006 ; or
(e) except to the extent provided by paragraph (b), a TAFE institute within the meaning of the Education and Training Reform Act 2006 —
even if that university, college or institution has a student under 18 years of age;
S. 67(1) def. of employment amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 36.1(b)), 52/2007 s. 19, 65/2011 s. 107(Sch. item 12.4), 43/2020 s. 40.
"employment" means—
(a) performance of work—
(i) under a contract of employment or a contract for services (whether written or unwritten); or
(ia) for gain or reward other than under a contract of employment or contract for services; or
(ii) as a minister of religion or as part of the duties of a religious vocation; or
(b) undertaking practical training as part of an educational or vocational course other than under an arrangement under Part 5.4 of the Education and Training Reform Act 2006 if the student is of or under 18 years of age; or
(c) performance of work as a volunteer including the performance of unpaid community work under—
(i) a drug and alcohol treatment order within the meaning of the Sentencing Act 1991 ; or
(ii) an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(iii) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(iv) a fine conversion order within the meaning of the Sentencing Act 1991 ; or
(v) a fine default unpaid community work order within the meaning of the Sentencing Act 1991 ; or
(d) performance of work as a volunteer including the performance of unpaid community work under a community correction order within the meaning of the Sentencing Act 1991 ;
S. 67(1) def. of officer amended by No. 25/2017 s. 43(a).
"officer"—
(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate.
S. 67(1) def. of registered sex offender repealed by No. 25/2017 s. 43(b).
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(2) For the purposes of this Act, a person is engaged in child-related employment if he or she is—
(a) an officer of a body corporate that is engaged in child-related employment; or
(b) a member of the committee of management of an unincorporated body or association that is engaged in child-related employment; or
(c) a member of a partnership that is engaged in child-related employment.
S. 68 (Heading) amended by No. 25/2017 s. 44(1).