Western Australian Consolidated Acts

WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Principle that best interests of children are paramount  
   4.      Terms used  
   5.      Managerial officers  
   6.      Term used: child-related work  
   7.      Terms used: Class 1 offence and Class 2 offence  
   8.      References to convictions  
   9A.     Application of certain provisions to students employed in child-related employment as part of an educational or vocational course  
   9B.     Education provider not to procure employment for certain students in child-related employment

   PART 2 -- Assessment notices and negative notices

           Division 1 -- Application for assessment notice  

   9.      Application for assessment notice (child-related employment)  
   10.     Application for assessment notice (child-related business)  
   11.     Withdrawal of application for assessment notice

           Division 2 -- Issue of assessment notices and negative notices  

   12.     Decision on application for an assessment notice  
   13A.    Issue of assessment notice or negative notice  
   13.     CEO to invite submission about criminal record and issue interim negative notice  
   14.     Duration of assessment notices and negative notices  
   15.     Further assessment notice may be obtained

           Division 3 -- CEO may require assessment notice to be applied for  

   16.     CEO may require certain employees to apply for assessment notice  
   17.     CEO may require certain people to apply for assessment notice  
   18.     CEO may issue negative notice if assessment notice not applied for

           Division 4 -- Cancellation of assessment notices and negative notices  

   19.     Applications for cancellation of negative notice  
   20.     Cancellation of notice because of wrong or incomplete information  
   21A.    Cancellation of assessment notice of certain persons not involved in child-related work  
   21B.    Cancellation of assessment notice on person’s request  
   21C.    Cancellation of assessment notice of certain persons taken to have applied for an assessment notice  
   21.     Issue of notice cancels any previous notice

           Division 5 -- Prohibitions relating to child-related work  

   22.     Employers not to employ certain people in child-related employment  
   23.     People issued with negative notice or interim negative notice not to carry out child-related work  
   24.     People without current assessment notice not to carry out child-related work  
   25.     Defences for s. 24

           Division 6 -- Review by State Administrative Tribunal  

   26.     Review by State Administrative Tribunal

   PART 3 -- Changes in criminal record and criminal record checks

           Division 1 -- Relevant changes in criminal record  

   27.     Meaning of relevant change in criminal record and requirement to give notice of that change  
   28.     Relevant change in criminal record of certain applicants  
   29.     Relevant change in criminal record of people employed in child-related employment  
   30.     Relevant change in criminal record of people carrying on child-related business  
   31.     Relevant change in criminal record of other people  
   32A.    Certain people to notify proposed employer of relevant change in criminal record  
   32.     CEO to treat notice of relevant change in criminal record as application for assessment notice  
   33.     People not to start or continue child-related work if convicted of Class 1 offence

           Division 2 -- Criminal record checks  

   34.     CEO may carry out criminal record check

   PART 4 -- General  

   35.     False or misleading information  
   36.     Return of assessment notice to CEO  
   37.     Exchange of information with corresponding authorities  
   38.     Disclosure of information by CEO to certain bodies  
   39.     Confidentiality of information  
   40.     Protection from liability for wrongdoing  
   41.     Employer to comply with Act despite other laws etc.  
   42.     CEO may require information to confirm compliance with Act  
   43.     Liability of partners for certain offences  
   44.     Evidentiary matters  
   45.     Delegation  
   46.     Regulations  
   47.     Minister to review and report on Act

   PART 6 -- Transitional provisions  

   56.     Term used: commencement day  
   57.     People carrying on a child-related business  
   58.     Volunteers continuing in child-related employment  
   59.     Ministers of religion etc. continuing in child-related employment  
   60.     Other people in child-related employment  
   60A.    Certain wilful murder charges and convictions  
   61.     Transitional regulations
           SCHEDULE 1 -- Class 1 offences
           SCHEDULE 2 -- Class 2 offences
           Compilation table