CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124A
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124A
124A . Terms used
In this Division
—
boarding facility means a place used to provide
residential accommodation for children while they attend a school as defined
in the School Education Act 1999 section 4;
boarding supervisor means a person who holds an
office or position at a boarding facility the duties of which include the
supervision of children living at the facility;
commencement day means the following —
(a) in
relation to a doctor, nurse, midwife, police officer or teacher — the
day on which the Children and Community Services Amendment (Reporting Sexual
Abuse of Children) Act 2008 section 5 came into operation;
(b) in
relation to a boarding supervisor — the day on which the Children and
Community Services Legislation Amendment and Repeal Act 2015 section 47 came
into operation;
(c) in
relation to a minister of religion — the day on which the Children and
Community Services Amendment Act 2021 section 52(9) came into operation;
(d) in
relation to an assessor — the day on which the Children and Community
Services Amendment Act 2021 section 52(10) came into operation;
(e) in
relation to a departmental officer — the day on which the Children and
Community Services Amendment Act 2021 section 52(11) came into operation;
(g) in
relation to an out-of-home care worker — the day on which the Children
and Community Services Amendment Act 2021 section 52(13) came into operation;
departmental officer —
(a)
means an officer —
(i)
who is a public service officer; or
(ii)
who holds an office or position prescribed, or of a class
prescribed, for the purposes of this subparagraph; or
(iii)
whose duties include duties prescribed, or of a class
prescribed, for the purposes of this subparagraph;
but
(b) does
not include an officer who is —
(i)
employed or engaged as a student or volunteer; or
(ii)
under 18 years of age;
doctor means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the medical
profession (other than as a student);
identifying information , in relation to a
reporter, means information —
(a) that
identifies the reporter; or
(b) that
is likely to lead to the identification of the reporter; or
(c) from
which the identity of the reporter could be deduced;
midwife means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the midwifery
profession (other than as a student);
minister of religion —
(a)
means a person who is recognised in accordance with the practices of a faith
or religion as a person who is authorised to conduct services or ceremonies in
accordance with the tenets of the faith or religion; and
(b)
includes such a person regardless of how the person’s position or title
is described (for example, member of the clergy, priest, minister, imam, rabbi
or pastor);
nurse means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the nursing
profession (other than as a student);
out-of-home care service provider means a person
who has entered into an agreement under section 15(1) for the provision of
placement services;
out-of-home care worker —
(a)
means an adult who holds an office or position with, or is otherwise employed
or engaged by, an out-of-home care service provider and whose duties include
—
(i)
the provision of social services to children who are the
subject of a placement arrangement or to carers of those children; or
(ii)
duties prescribed, or of a class prescribed, for the
purposes of this subparagraph;
but
(b) does
not include an adult who —
(i)
provides care, at the adult’s usual place of
residence, for children who are the subject of a placement arrangement; or
(ii)
is employed or engaged as a student or volunteer;
report means a report under section 124B(1);
reporter —
(a)
means a person who makes a report; and
(b) in
sections 124F, 124G and 124H includes a person who, in good faith —
(i)
provides information on the basis of which a report is
made; or
(ii)
is otherwise concerned in making a report or causing a
report to be made,
except the child about
whom a report is made, being the child believed by the reporter to be the
subject of sexual abuse;
sexual abuse , in relation to a child, includes
sexual behaviour in circumstances where —
(a) the
child is the subject of bribery, coercion, a threat, exploitation or violence;
or
(b) the
child has less power than another person involved in the behaviour; or
(c)
there is a significant disparity in the developmental function or maturity of
the child and another person involved in the behaviour;
teacher means —
(a) a
person who is registered under the Teacher Registration Act 2012 ; or
[(b) deleted]
(c) a
person who provides instruction in a course that is —
(i)
mentioned in the School Education Act 1999 section
11B(1)(a), (b) or (e); and
(ii)
prescribed for the purposes of this definition;
or
(d) a
person who instructs or supervises a student who is participating in an
activity that is —
(i)
part of an educational programme of a school under an
arrangement mentioned in the School Education Act 1999 section 24(1); and
(ii)
prescribed for the purposes of this definition;
or
(e) a
person employed by the chief executive officer as defined in the
Young Offenders Act 1994 section 3 to teach detainees at a detention centre as
defined in that section.
[Section 124A inserted: No. 26 of 2008 s. 5;
amended: No. 35 of 2010 s. 39; No. 16 of 2012 s. 163; No. 23 of 2015 s. 46;
No. 4 of 2018 s. 102; No. 18 of 2021 s. 52(1), (3), (4), (8)-(11), (13) and
(17)-(19).]