Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 67

PART 5 REGISTERED SEX OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

Definitions

67. Definitions



(1) In this Part-

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;

   (d)  educational institutions;

   (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; contact means any form of contact between a person and a
        child and includes-

   (a)  any form of physical contact;

   (b)  any form of oral communication, whether face to face or by telephone;

   (c)  any form of written communication, including electronic communication;
        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 university with a TAFE division within the meaning of the
        Education and Training Reform Act 2006 to the extent that the
        university provides technical or further education;

   (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;

   (iv) an adult education institution within the meaning of the
        Education and Training Reform Act 2006;

   (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 or an
        adult education institution 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; 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 a community-based order, a drug treatment order
        or an intensive correction order within the meaning of the
        Sentencing Act 1991; 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; registered sex offender means a registrable offender
        or a person subject to a sex offender registration order.

(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.