Working with Children (Criminal Record Checking) Act 2004
Working with Children (Criminal Record Checking) Regulations 2005
Working with Children (Criminal Record Checking) Act 2004
Working with Children (Criminal Record Checking) Regulations 2005
Western Australia
Working with Children (Criminal Record Checking) Regulations 2005
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — General
4.Exemptions to “child‑related work” (Sch. 1)3
5A.Prescription of Class 1 offences (Sch. 2A)3
5.Prescription of Class 2 offences (Sch. 2)3
6.CrimTrac Agency prescribed as a criminal records agency (Act s. 34(1))3
7.Public authorities prescribed for Act s. 38(2)3
8.Fees (Sch. 3)4
Part 3 — Transitional arrangements
Division 1 — General
9.Terms used6
10.Day from which person to be screened if 2 or more days apply6
11A.Effect of withdrawal of certain applications7
Division 2 — Persons carrying on child‑related businesses and persons employed in certain child‑related employment
12.When Act s. 24(b) applies to persons carrying on child‑related businesses (Act s. 57(1))8
13.When Act s. 22(6) and 24(a) apply to child-related employment listed in Act s. 6(1)(a) (Act s. 60(2))8
14.When Act s. 22(6) and 24(a) apply to child-related employment listed in Act s. 6(1)(b) (Act s. 60(2))10
Division 3 — Exceptions to Division 2
15.When Act s. 22(6) and 24 apply to people involved in certain coaching or tuition services (Act s. 57(1) and 60(2))10
16.When Act s. 22(6) and 24(a) apply to volunteers in child‑related employment (Act s. 58(2) and 60(2))11
17.When Act s. 22(6) and 24(a) apply to ministers of religion in child‑related employment (Act s. 59(2))13
18.When Act s. 22(6) and 24 apply to holders of class F or T driver’s licences in child-related businesses or employment (Act s. 57(1) and 60(2))13
19.When Act s. 22(6) and 24(a) apply to people in child‑related employment in various institutions etc. (Act s. 60(2))14
20.When Act s. 22(6) and 24(a) apply to people, appointed under various Acts, involved in child-related employment (Act s. 60(2))16
21.When Act s. 22(4) and 24 apply to people involved in child care services (Act s. 57(1), 60(2) and 61)16
22.When Act s. 22(6) and 24(b) apply to people involved in placement arrangements under Children and Community Services Act 2004 (Act s. 57(1) and 60(2))21
Schedule 1 — Work which is not “child‑related work”
Division 1 — Voluntary work carried out by parents
1a.Child care services (Act s. 6(1)(a)(i))22
1.Community kindergartens and educational institutions (Act s. 6(1)(a)(ii) and (iii))22
2.Coaching or private tuition services (Act s. 6(1)(a)(iv))22
2a.Coaching or private tuition services in connection with clubs, associations or movements (Act s. 6(1)(a)(iv))23
3.Accommodation or care of children (Act s. 6(1)(a)(v))23
4.Community child health services (Act s. 6(1)(a)(ix))23
5.Counselling or other support services (Act s. 6(1)(a)(x))23
6.Religious organisations (Act s. 6(1)(a)(xi))24
7.Clubs, associations or movements (Act s. 6(1)(a)(xii))24
8.Children in hospital (Act s. 6(1)(a)(xiii))24
8a.Baby sitting or child minding service (Act s. 6(1)(a)(xiv))24
9.Transport services for children (Act s. 6(1)(a)(xvi))25
10.School crossing services (Act s. 6(1)(a)(xvii))25
11.Children’s entertainment or party services (Act s. 6(1)(a)(xviii))25
Division 2 — Other exempt work
12.Child‑related work carried out by visitors to the State (Act s. 6(1)(a))26
12a.Child‑related work carried out by police officers (Act s. 6(1)(a)(i), (iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii))26
13.Child‑related work carried out by student as part of educational or vocational course of study26
14.Coaching or private tuition services provided to certain groups (Act s. 6(1)(a)(iv))27
15.Accommodation or care of children in residence for tertiary education (Act s. 6(1)(a)(v))27
16.Children’s entertainment or party services (Act s. 6(1)(a)(xviii))27
17.National events and national tours (Act s. 6(1)(a)(iii), (iv), (v), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii) or (xviii))27
Schedule 2A — Offences under provisions of other jurisdictions prescribed as Class 1 offences
Schedule 2 — Offences under laws of other jurisdictions prescribed as Class 2 offences
Schedule 3 — Fees
Notes
Compilation table36
Defined terms
Western Australia
Working with Children (Criminal Record Checking) Act 2004
Working with Children (Criminal Record Checking) Regulations 2005
These regulations are the Working with Children (Criminal Record Checking) Regulations 2005 1.
These regulations come into operation on the same day as the Working with Children (Criminal Record Checking) Act 2004, other than sections 50, 51 and 52, comes into operation 1.
In these regulations —
exempt work means work, described in Schedule 1, to which section 6(1) does not apply;
national event means an event taking place in Western Australia over a specific period of time —
(a)that is organised at State, Territory or national level by a recognised body for sporting, educational, religious, cultural, recreational or skill development purposes; and
(b)in which children from more than one State, Territory or country are participating;
national tour means a tour taking place over a specific period of time —
(a)that is organised at State, Territory or national level by a recognised body for sporting, educational, religious, cultural, recreational or skill development purposes; and
(b)in which children from more than one State, Territory or country are participating; and
(c)that makes stops at several different venues and locations in Australia, including at least one stop in Western Australia;
section means section of the Act.
[Regulation 3 amended in Gazette 29 Dec 2006 p. 5876; 30 Nov 2012 p. 5781; 31 Dec 2013 p. 6540‑1.]
4.Exemptions to “child‑related work” (Sch. 1)
The work described in Schedule 1 is prescribed under section 6(3)(b) as work to which section 6(1) does not apply.
5A.Prescription of Class 1 offences (Sch. 2A)
An offence against a provision of another jurisdiction listed in Schedule 2A is prescribed under section 7(1)(c) to be a Class 1 offence.
[Regulation 5A inserted in Gazette 5 Oct 2010 p. 5114.]
5.Prescription of Class 2 offences (Sch. 2)
An offence against a provision of another jurisdiction listed in Schedule 2 is prescribed under section 7(2)(c) to be a Class 2 offence.
6.CrimTrac Agency prescribed as a criminal records agency (Act s. 34(1))
(1)The CrimTrac Agency is prescribed as a criminal records agency under paragraph (c)(ii) of the definition of criminal records agency in section 34(1).
(2)In subregulation (1) —
CrimTrac Agency means the body of that name established as an Executive Agency under section 65 of the Public Service Act 1999 of the Commonwealth.
7.Public authorities prescribed for Act s. 38(2)
The following public authorities are prescribed for the purposes of section 38(2) —
(a)the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004;
(b)the Department as defined in the Health Legislation Administration Act 1984 section 3;
(c)the department of the Public Service principally assisting in the administration of the Transport Co‑ordination Act 1966;
(d)the Teacher Registration Board of Western Australia established under the Teacher Registration Act 2012;
(e)the Department of the Public Service principally assisting in the administration of the Police Act 1892.
[Regulation 7 amended in Gazette 7 Dec 2007 p. 5977; 30 Nov 2012 p. 5781.]
(1)The fees set out in Schedule 3 are prescribed in respect of the matters specified in that Schedule.
(2)The CEO may reduce, waive or refund, in whole or in part, a fee specified in Schedule 3 in a particular case if he or she considers it appropriate to do so in the circumstances of the case.
(3A)An applicant for an assessment notice is required to pay —
(a)the fee specified in Schedule 3 item 1(a) if the applicant is, or is to be, remunerated for carrying out any child‑related work; or
(b)the fee specified in Schedule 3 item 2 if the applicant carries on, or is to carry on, a child‑related business,
whether or not the applicant also carries out, or is also to carry out, any child‑related work in respect of which the fee specified in Schedule 3 item 1(b) would otherwise be payable.
(3)The holder of an assessment notice that has been lost, damaged or destroyed may apply to the CEO for a replacement for the assessment notice.
(4)An application under subregulation (3) is to be —
(a)in the approved form; and
(b)signed by the applicant; and
(c)accompanied by the fee set out in Schedule 3 item 4.
[Regulation 8 amended in Gazette 1 Jul 2011 p. 2714.]
Part 3 — Transitional arrangements
A term defined in a provision of Part 6 of the Act has the same meaning in this Part as it does in that provision, unless the contrary intention appears.
10.Day from which person to be screened if 2 or more days apply
(1)Subject to subregulations (2), (3) and (3a), if a provision of the Act would, but for this regulation, apply to, or in relation to, a person from 2 or more different days then the provision is to apply to, or in relation to, the person from the day that is earliest in time.
(2)Subject to subregulation (3), if a provision of the Act would, but for this regulation, apply to, or in relation to, a person from 2 or more different days and —
(a)one of those days is prescribed under Division 2; and
(b)one of those days is prescribed under Division 3,
although the person has only one child‑related job, then the provision is to apply to, or in relation to, the person from the day which is prescribed under Division 3 that is earliest in time.
(3)Subject to subregulation (3a), if a provision of the Act would, but for this regulation, apply in relation to a person from 2 or more different days one day of which is prescribed under regulation 16 then the provision is to apply in relation to the person —
(a)from the day that is prescribed under regulation 16; or
(b)from the day that is earliest in time, if the person has more than one child‑related job.
(3a)If a provision of the Act would, but for this regulation, apply to, or in relation to a person, from 2 or more different days and those days are provided under regulations 16 and 22 then the provision is to apply to, or in relation to, the person —
(a)from the day that applies under regulation 22; or
(b)from the day that is earliest in time, if the person has more than one child‑related job.
(4)For the purposes of this regulation —
child‑related job, in relation to a person, means carrying out child‑related work —
(a)while carrying on one child‑related business; or
(b)under one contract of employment or apprenticeship (whether written or unwritten); or
(c)on a voluntary basis under one agreement (whether written or unwritten); or
(d)in his or her capacity as a minister of religion.
[Regulation 10 amended in Gazette 28 Feb 2006 p. 907‑8; 8 Jan 2015 p. 81.]
[11.Deleted in Gazette 30 Nov 2012 p. 5781.]
11A.Effect of withdrawal of certain applications
(1)In subregulation (2) —
application means —
(a)an application by a person for an assessment notice, having been required to make the application by a notice given under section 16(3) or 17(3); or
(b)a notice by a person under section 29(1) or 30 that is treated under section 32(1) as an application for an assessment notice.
(2)Despite this Part, if an application is withdrawn under section 11(1) and the applicant —
(a)carries on a child‑related business, then for the purposes of section 57(1), section 24(b) applies to the person from when the application is withdrawn; or
(b)is employed in child‑related employment, then for the purposes of section 58(2), 59(2) or 60(2), sections 22(6) and 24(a) apply to the person from when the application is withdrawn.
[Regulation 11A inserted in Gazette 1 Dec 2006 p. 5298; amended in Gazette 5 Oct 2010 p. 5114; 30 Nov 2012 p. 5781.]
Division 2 — Persons carrying on child‑related businesses and persons employed in certain child‑related employment
12.When Act s. 24(b) applies to persons carrying on child‑related businesses (Act s. 57(1))
For the purposes of section 57(1), section 24(b) applies to a person who carries on a child‑related business —
(a)from when the person starts to carry on the child‑related business, if the person is a new operator; and
(b)from 1 January 2007, if the person is a continuing operator.
13.When Act s. 22(6) and 24(a) apply to child-related employment listed in Act s. 6(1)(a) (Act s. 60(2))
(1)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a new employee being employed in child‑related employment specified in subregulations (3) and (5) —
(a)from 1 January 2006; or
(b)from when the person starts to be so employed,
whichever is later in time.
(2)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a continuing employee being employed in child‑related employment specified in subregulation (3) from 1 January 2011.
(3)Subregulations (1) and (2) apply in relation to child‑related employment —
[(a)‑(f)deleted]
(g)referred to in section 6(1)(a)(xvi) in connection with a transport service specifically for children; or
(h)referred to in section 6(1)(a)(xvii) in connection with a school crossing service, being a service provided to assist children to cross roads on their way to or from school.
(4)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a continuing employee being employed in child‑related employment specified in subregulation (5) from 1 January 2009.
(5)Subregulations (1) and (4) apply in relation to child‑related employment —
(a)referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service; or
(b)referred to in section 6(1)(a)(v) in connection with an arrangement for the accommodation or care of children, whether in a residential facility or private residence; or
(c)referred to in section 6(1)(a)(xi) in connection with a religious organisation; or
(d)referred to in section 6(1)(a)(xii) in connection with a club, association or movement (including of a cultural, recreational or sporting nature and whether incorporated or not) with a significant membership or involvement of children; or
(e)referred to in section 6(1)(a)(xiv) in connection with a babysitting or childminding service; or
(f)referred to in section 6(1)(a)(xv) in connection with an overnight camp; or
(g)referred to in section 6(1)(a)(xviii) in connection with a children’s entertainment or party service.
[Regulation 13 amended in Gazette 7 Dec 2007 p. 5978.]
14.When Act s. 22(6) and 24(a) apply to child-related employment listed in Act s. 6(1)(b) (Act s. 60(2))
(1)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a new employee being employed in child‑related employment referred to in section 6(1)(b) —
(a)from 1 January 2006; or
(b)from when the person starts to be so employed,
whichever is later in time.
(2)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a continuing employee being employed in child‑related employment referred to in section 6(1)(b) from 1 January 2006.
Division 3 — Exceptions to Division 2
15.When Act s. 22(6) and 24 apply to people involved in certain coaching or tuition services (Act s. 57(1) and 60(2))
(1)For the purposes of section 57(1), section 24(b) applies to a person who carries on a child‑related business specified in subregulation (3) —
(a)from 1 January 2008, if the person is a new operator who starts to carry on the business on or after 1 January 2006 but before 1 January 2007; or
(b)from when the person starts to carry on the business, if the person is a new operator who starts to carry on the business on or after 1 January 2007; or
(c)from 1 January 2008, if the person is a continuing operator.
(2)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a person being employed in child‑related employment specified in subregulation (3) —
(a)from 1 January 2008, if the person is a new employee who starts to be so employed on or after 1 January 2006 but before 1 January 2007; or
(b)from when the person starts to be so employed, if the person is a new employee who starts to be so employed on or after 1 January 2007.
(3)Subregulations (1) and (2) apply in relation to child‑related work referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service carried out by —
(a)a person who is, or is working for or under the supervision of, a training provider registered under the Vocational Education and Training Act 1996, or a corresponding law of another State or Territory; or
(b)a person who is employed by, or provides education services for, an education service provider within the meaning of the Education Service Providers (Full Fee Overseas Students) Registration Act 1991.
16.When Act s. 22(6) and 24(a) apply to volunteers in child‑related employment (Act s. 58(2) and 60(2))
(1)For the purposes of section 58(2), sections 22(6) and 24(a) apply in relation to a continuing volunteer being employed in child‑related employment —
(a)from 1 January 2007, if the person’s employment involves carrying out duties in connection with any child who has not yet attained the age of 8 years; or
(b)from 1 January 2008, if the person’s employment involves carrying out duties in connection with any child who has attained the age of 8 years but who has not yet attained the age of 13 years; or
(c)from 1 January 2009, if the person’s employment involves carrying out duties in connection with any child who has attained the age of 13 years but who has not yet attained the age of 18 years.
(2)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a new employee being employed on a voluntary basis in child‑related employment —
(a)from when the person starts to be so employed, if the person’s employment involves carrying out duties in connection with any child who has not yet attained the age of 8 years; or
(b)if the person’s employment involves carrying out duties in connection with any child who has attained the age of 8 years but who has not yet attained the age of 13 years —
(i)from 1 January 2008, if the person is a new employee who starts to be so employed on or after 1 January 2006 but before 1 January 2007; or
(ii)from when the person starts to be so employed, if the person is a new employee who starts to be so employed on or after 1 January 2007;
or
(c)if the person’s employment involves carrying out duties in connection with any child who has attained the age of 13 years but who has not yet attained the age of 18 years —
(i)from 1 January 2009, if the person is a new employee who starts to be so employed on or after 1 January 2006 but before 1 January 2008; or
(ii)from when the person starts to be so employed, if the person is a new employee who starts to be so employed on or after 1 January 2008.
17.When Act s. 22(6) and 24(a) apply to ministers of religion in child‑related employment (Act s. 59(2))
For the purposes of section 59(2), sections 22(6) and 24(a) apply from 1 January 2007 in relation to a person being employed in child‑related employment as a continuing minister of religion.
18.When Act s. 22(6) and 24 apply to holders of class F or T driver’s licences in child-related businesses or employment (Act s. 57(1) and 60(2))
(1)For the purposes of section 57(1), section 24(b) applies to a person who holds a driver’s licence endorsed with extension F or T and who carries on a child‑related business referred to in section 6(1)(a)(xvi) in connection with a transport service specifically for children —
(a)from 1 January 2008, if the person is a new operator who starts to carry on the business on or after 1 January 2006 but before 1 January 2007; or
(b)from when the person starts to carry on the business, if the person is a new operator who starts to carry on the business on or after 1 January 2007; or
(c)from 1 January 2008, if the person is a continuing operator.
(2)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a person who holds a driver’s licence endorsed with extension F or T and who is being employed in child‑related employment referred to in section 6(1)(a)(xvi) in connection with a transport service specifically for children —
(a)from 1 January 2008, if the person is a new employee who starts to be so employed on or after 1 January 2006 but before 1 January 2007; or
(b)from when the person starts to be so employed, if the person is a new employee who starts to be so employed on or after 1 January 2007; or
(c)from 1 January 2011, if the person is a continuing employee.
(3)In this regulation —
driver’s licence endorsed with extension F or T means a driver’s licence under the Road Traffic (Authorisation to Drive) Act 2008 endorsed with extension F or T, or an equivalent authorisation to drive.
[Regulations 18 amended in Gazette 20 Jun 2008 p. 2707; 8 Jan 2015 p. 82.]
19.When Act s. 22(6) and 24(a) apply to people in child‑related employment in various institutions etc. (Act s. 60(2))
(1)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a new employee being employed in child‑related employment specified in subregulations (3), (5) and (7) —
(a)from 1 January 2008, if the person is a new employee who starts to be so employed on or after 1 January 2006 but before 1 January 2007; and
(b)from when the person starts to be so employed, if the person is a new employee who starts to be so employed on or after 1 January 2007.
(2)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a continuing employee being employed in child‑related employment specified in subregulation (3) from 1 January 2011.
(3)Subregulations (1) and (2) apply in relation to child‑related employment —
(a)referred to in section 6(1)(a)(ii) in connection with a community kindergarten registered under the School Education Act 1999 Part 5; or
(b)referred to in section 6(1)(a)(iii) in connection with an educational institution for children; or
[(ba)‑(e)deleted]
(f)referred to in section 6(1)(a)(xiii) in connection with a ward of a public or private hospital in which children are ordinarily patients.
(4)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a continuing employee being employed in child‑related employment specified in subregulation (5) from 1 January 2009.
(5)Subregulations (1) and (4) apply in relation to child‑related employment —
(a)referred to in section 6(1)(a)(viii) in connection with a detention centre, as defined in the Young Offenders Act 1994 section 3; or
(b)referred to in section 6(1)(a)(ix) in connection with a community child health service; or
(c)referred to in section 6(1)(a)(x) in connection with a counselling or other support service.
(6)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a continuing employee being employed in child‑related employment specified in subregulation (7) from 1 January 2010.
(7)Subregulations (1) and (6) apply in relation to child‑related employment referred to in section 6(1)(a)(vii) in connection with the performance by an officer, as defined in the Children and Community Services Act 2004 section 3, of a function given to the officer under that Act.
[Regulation 19 amended in Gazette 28 Feb 2006 p. 908; 7 Dec 2007 p. 5979.]
20.When Act s. 22(6) and 24(a) apply to people, appointed under various Acts, involved in child-related employment (Act s. 60(2))
(1)For the purposes of section 60(2), sections 22(6) and 24(a) apply in relation to a person specified in subregulation (2) who is being employed in child‑related employment —
(a)from 1 January 2008, if the person is a new employee who starts to be so employed on or after 1 January 2006 but before 1 January 2007; or
(b)from when the person starts to be so employed, if the person is a new employee who starts to be so employed on or after 1 January 2007; or
(c)from 1 January 2011, if the person is a continuing employee.
(2)Subregulation (1) applies in relation to a person who is —
(a)an employee as defined in the Public Sector Management Act 1994 section 3(1); or
(b)a member of staff as defined in the Electricity Corporations Act 2005 section 3(1); or
(c)a member of staff within the meaning of the Water Corporations Act 1995 3; or
(d)a member of the Police Force of the State; or
(e)an employee of Gold Corporation, the Mint or GoldCorp, appointed under the Gold Corporation Act 1987.
[Regulation 20 amended in Gazette 8 Jan 2015 p. 82.]
21.When Act s. 22(4) and 24 apply to people involved in child care services (Act s. 57(1), 60(2) and 61)
(1)For the purpose of section 57(1), section 24(b) applies to a person who starts to carry on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service on or after 1 January 2007, from when the person starts to carry on the business.
(2)For the purpose of section 57(1), section 24(b) applies to a person who carries on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 and who —
(a)immediately before the commencement of the Children and Community Services Act 2004 section 250 was the holder of a licence or a permit issued under the Community Services Act 1972 section 17B 4; or
(b)holds a licence, or is a managerial officer in relation to a body corporate that holds a licence, under the Children and Community Services Act 2004 Part 8,
from the day that is on or after 1 January 2007 on which the term of the licence or permit expires.
(2a)For the purpose of section 57(1), section 24(b) applies to a person who carries on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service of a type referred to in the Children and Community Services Act 2004 section 198(1)(c) and who —
(a)carried on a service of that type immediately before the commencement of the Children and Community Services Act 2004 section 250 but did not hold a licence or permit issued under the Community Services Act 1972 section 17B 4 relating to the service; and
(b)immediately before 1 January 2007 does not hold a licence issued under the Children and Community Services Act 2004 Part 8 relating to the service,
from the day that is on or after 1 January 2007 on which a licence relating to the service is issued to the person under that Part.
(3)Sections 22(4) and 24(a) do not apply in relation to a person who is employed in child‑related employment referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 until —
(a)in the case of a person who has produced, or given, to a licensee or permit holder —
(i)a current criminal record check for the person under the Community Services (Child Care) Regulations 1988 regulation 37A(1) 4; or
(ii)a copy of a current criminal record check for the person under the Community Services (
the day that —
(iii)is on or after 1 January 2007; and
(iv)is 2 years after the day on which a check or copy was produced, or given, to the licensee or permit holder;
or
(b)in the case of a person who has before 1 January 2007 given a licensee a copy of a current criminal record check under the Child Care Services (Child Care) Regulations 2006 5 regulation 28(1) 6 or the Children and Community Services (Outside School Hours Care) Regulations 2006 regulation 27(1) 7, the day that —
(i)is on or after 1 January 2007; and
(ii)is 2 years after the day on which the copy was given to the licensee;
or
(c)in the case of a person who is the subject of a criminal record check provided by a licensee under the Child Care Services (Child Care) Regulations 2006 regulation 11(3) or 12(3) or (4) 5, the day that —
(i)is on or after 1 January 2007; and
(ii)is the day on which the term of the licence of the licensee expires;
or
(d)in the case of a person who —
(i)is the subject of a criminal record check provided by a licensee under the Children and Community Services (Family Day Care) Regulations 2006 regulation 11(3)(a) 8; or
(ii)is to be taken to have been appointed to act in place of the licensee with the approval of the CEO under the Children and Community Services (Family Day Care) Regulations 2006 regulation 11(7) 8,
the day that —
(iii)is on or after 1 January 2007; and
(iv)is the day on which the term of the licence of the licensee expires;
or
(e)in the case of a person who is the subject of a criminal record check provided by a licensee under the Children and Community Services (
(i)is on or after 1 January 2007; and
(ii)is the day on which the term of the licence of the licensee expires;
or
(f)in the case of a person who —
(i)is the subject of a criminal record check provided by a licensee under the Children and Community Services (Outside School Hours Family Day Care) Regulations 2006 regulation 12(3)(a) 9; or
(ii)is to be taken to have been appointed to act in place of the licensee with the approval of the CEO under the Children and Community Services (Outside School Hours Family Day Care) Regulations 2006 regulation 12(7) 9,
the day that is on or after 1 January 2007 on which the term of a licence of the licensee expires; or
(g)in the case of a person who is employed by a person who carries on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service of a type referred to in the Children and Community Services Act 2004 section 198(1)(c) (the employer), if the employer —
(i)carried on a service of that type immediately before the commencement of the Children and Community Services Act 2004 section 250 but did not hold a licence or permit issued under the Community Services Act 1972 section 17B 4 relating to the service; and
(ii)immediately before 1 January 2007 does not hold a licence issued under the Children and Community Services Act 2004 Part 8 relating to the service,
the day that is on or after 1 January 2007 on which a licence relating to the service is issued to the employer under that Part.
(4)Sections 22(4) and 24(a) do not apply in relation to a person who starts to be employed in child‑related employment referred to in section 6(1)(a)(i) in connection with a child care service on or after 1 January 2007, until the person starts to be so employed.
(5)Sections 22(4) and 24(a) do not apply in relation to a person who is employed in child‑related employment referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 until, in the case of a person who has not been the subject of a criminal record check before 1 January 2007 under the Community Services Act 1972 4 or the Children and Community Services Act 2004, the day that is on or after 1 January 2009.
[Regulation 21 inserted in Gazette 28 Feb 2006 p. 908‑10; amended in Gazette 1 Mar 2006 p. 940; 1 Dec 2006 p. 5298‑300; 7 Dec 2007 p. 5979‑80.]
22.When Act s. 22(6) and 24(b) apply to people involved in placement arrangements under Children and Community Services Act 2004 (Act s. 57(1) and 60(2))
(1)For the purpose of section 57(1), section 24(b) applies to a person who carries on a child‑related business referred to in section 6(1)(a)(vi) in connection with a placement arrangement under the Children and Community Services Act 2004 —
(a)from 1 January 2008, if the person starts to carry on the business before 1 January 2007; or
(b)from when the person starts to carry on the business, if the person starts to carry on the business on or after 1 January 2007.
(2)For the purpose of section 60(2), sections 22(6) and 24(b) apply in relation to a person who is being employed in child‑related employment referred to in section 6(1)(a)(vi) in connection with a placement arrangement under the Children and Community Services Act 2004 —
(a)from 1 January 2008, if the person starts to be employed in the employment before 1 January 2007; or
(b)from when the person starts to be employed in the employment, if the person starts to be so employed on or after 1 January 2007.
[Regulation 22 inserted in Gazette 28 Feb 2006 p. 910‑11.]
[23.Deleted in Gazette 30 Nov 2012 p. 5781.]
Schedule 1 — Work which is not “child‑related work”
[r. 4]
Division 1 — Voluntary work carried out by parents
1a.Child care services (Act s. 6(1)(a)(i))
Work —
(a)referred to in section 6(1)(a)(i) in connection with a child care service; and
(b)carried out on a voluntary basis by a parent of a child —
(i)to whom the service is being provided; or
(ii)who is enrolled for, or otherwise ordinarily is provided with, the service.
[Clause 1a inserted in Gazette 28 Feb 2006 p. 911.]
1.Community kindergartens and educational institutions (Act s. 6(1)(a)(ii) and (iii))
Work —
(a)referred to in section 6(1)(a)(ii) or (iii) in connection with —
(i)a community kindergarten registered under the School Education Act 1999 Part 5; or
(ii)an educational institution for children;
and
(b)carried out on a voluntary basis by a parent of a child who is enrolled at the kindergarten or educational institution.
2.Coaching or private tuition services (Act s. 6(1)(a)(iv))
Work —
(a)referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service; and
(b)carried out on a voluntary basis by a parent of a child, to whom the service is being provided, in connection with an activity in which the child is participating, or ordinarily participates.
2a.Coaching or private tuition services in connection with clubs, associations or movements (Act s. 6(1)(a)(iv))
Work —
(a)referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service; and
(b)carried out in connection with a club, association or movement (including of a cultural, recreational or sporting nature and whether incorporated or not) with a significant membership or involvement of children; and
(c)carried out on a voluntary basis by a parent of a child who is involved, or is ordinarily involved in some, or all, of the activities of the club, association or movement.
[Clause 2a inserted in Gazette 7 Dec 2007 p. 5980.]
3.Accommodation or care of children (Act s. 6(1)(a)(v))
Work —
(a)referred to in section 6(1)(a)(v) in connection with an arrangement for the accommodation or care of children, whether in a residential facility or private residence; and
(b)carried out on a voluntary basis by a parent of a child in connection with an activity in which the child is participating, or ordinarily participates.
4.Community child health services (Act s. 6(1)(a)(ix))
Work —
(a)referred to in section 6(1)(a)(ix) in connection with a community child health service; and
(b)carried out on a voluntary basis by a parent of a child, to whom the service is being provided, in connection with an activity in which the child is participating, or ordinarily participates.
5.Counselling or other support services (Act s. 6(1)(a)(x))
Work —
(a)referred to in section 6(1)(a)(x) in connection with a counselling or other support service; and
(b)carried out on a voluntary basis by a parent of a child, to whom the service is being provided, in connection with an activity in which the child is participating, or ordinarily participates.
6.Religious organisations (Act s. 6(1)(a)(xi))
Work —
(a)referred to in section 6(1)(a)(xi) in connection with a religious organisation; and
(b)carried out on a voluntary basis by a parent of a child in connection with an activity in which the child is participating, or ordinarily participates.
7.Clubs, associations or movements (Act s. 6(1)(a)(xii))
Work —
(a)referred to in section 6(1)(a)(xii) in connection with a club, association or movement (including of a cultural, recreational or sporting nature and whether incorporated or not) with a significant membership or involvement of children; and
(b)carried out on a voluntary basis by a parent of a child who is involved, or is ordinarily involved in some, or all, of the activities of the club, association or movement.
8.Children in hospital (Act s. 6(1)(a)(xiii))
Work —
(a)referred to in section 6(1)(a)(xiii) in connection with a ward of a public or private hospital in which children are ordinarily patients; and
(b)carried out on a voluntary basis by a parent of a child in connection with an activity in which the child is participating or ordinarily participates.
8a.Baby sitting or child minding service (Act s. 6(1)(a)(xiv))
Work —
(a)referred to in section 6(1)(a)(xiv) in connection with a baby sitting or child minding service; and
(b)carried out on a voluntary basis by a parent of a child, to whom the service is being provided, in connection with an activity in which the child is participating, or ordinarily participates.
[Clause 8a inserted in Gazette 1 Dec 2006 p. 5300.]
9.Transport services for children (Act s. 6(1)(a)(xvi))
Work —
(a)referred to in section 6(1)(a)(xvi) in connection with a transport service specifically for children; and
(b)carried out on a voluntary basis by a parent of a child who is a passenger on the transport service, or is ordinarily a passenger on the transport service.
10.School crossing services (Act s. 6(1)(a)(xvii))
Work —
(a)referred to in section 6(1)(a)(xvii) in connection with a school crossing service, being a service provided to assist children to cross roads on their way to or from school; and
(b)carried out on a voluntary basis by a parent of a child who is enrolled at the school.
11.Children’s entertainment or party services (Act s. 6(1)(a)(xviii))
Work —
(a)referred to in section 6(1)(a)(xviii) in connection with a children’s entertainment or party service; and
(b)carried out on a voluntary basis by a parent of a child in connection with an activity in which the child is participating, or ordinarily participates.
Division 2 — Other exempt work
12.Child‑related work carried out by visitors to the State (Act s. 6(1)(a))
Work referred to in section 6(1)(a) carried out by a person —
(a)who —
(i)is not ordinarily resident in the State; and
(ii)has not carried out exempt work under item 17 within the period of 12 months before this work is, or is proposed to be, carried out;
and
(b)during the period of 2 weeks after the person arrives in the State; and
(c)that does not exceed, in total, a period of 2 weeks in any period of 12 months.
[Clause 12 amended in Gazette 31 Dec 2013 p. 6541.]
12a.Child‑related work carried out by police officers (Act s. 6(1)(a)(i), (iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii))
Work referred to in section 6(1)(a)(i), (iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii) carried out by a person appointed under the Police Act 1892 Part I to be a member of the Police Force of Western Australia in the course of performing his or her functions as such a member.
[Clause 12a inserted in Gazette 1 Dec 2006 p. 5300‑1; amended in Gazette 7 Dec 2007 p. 5980.]
13.Child‑related work carried out by student as part of educational or vocational course of study
Work referred to in section 6(1)(a) carried out without remuneration, as part of his or her educational or vocational course of study, by a student who is a child.
[Clause 13 inserted in Gazette 1 Jul 2011 p. 2714.]
14.Coaching or private tuition services provided to certain groups (Act s. 6(1)(a)(iv))
Work referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service provided to a class of 2 or more persons, unless that class is provided primarily for children.
[Clause 14 amended in Gazette 31 Dec 2013 p. 6541.]
15.Accommodation or care of children in residence for tertiary education (Act s. 6(1)(a)(v))
Work referred to in section 6(1)(a)(v) in connection with an arrangement for the accommodation or care of children in a residential facility connected to, or used predominantly by students of, a university or other institution of tertiary education.
16.Children’s entertainment or party services (Act s. 6(1)(a)(xviii))
Work referred to in section 6(1)(a)(xviii) in connection with a children’s entertainment or party service —
(a)that is a performance open to the general public not involving physical contact with children, whether on the payment of a fee or otherwise; or
(b)that provides equipment, food or a venue, and no other children’s entertainment or party service.
17.National events and national tours (Act s. 6(1)(a)(iii), (iv), (v), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii) or (xviii))
Work referred to in section 6(1)(a)(iii), (iv), (v), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii) or (xviii) carried out in connection with a national event or a national tour by a person —
(a)who —
(i)is not ordinarily resident in the State; and
(ii)has not carried out exempt work under this clause or clause 12 within the period of 12 months before this work is, or is proposed to be, carried out;
and
(b)during one period that does not exceed 30 days in any period of 12 months.
[Clause 17 inserted in Gazette 31 Dec 2013 p. 6541.]
Schedule 2A — Offences under provisions of other jurisdictions prescribed as Class 1 offences
[r. 5A]
[Heading inserted in Gazette 5 Oct 2010 p. 5114.]
|
Provision and jurisdiction |
Description of offence |
|
Criminal Code Act 1995 Schedule (Commonwealth) |
|
|
s. 272.8(1) |
Engaging in sexual intercourse with child outside |
|
s. 272.8(2) |
Causing child to engage in sexual intercourse in presence of accused person outside |
[Schedule 2A inserted in Gazette 5 Oct 2010 p. 5114‑15.]
Schedule 2 — Offences under laws of other jurisdictions prescribed as Class 2 offences
[r. 5]
[Heading inserted in Gazette 5 Oct 2010 p. 5115.]
|
Provisions and jurisdiction |
Description of offence |
|
Criminal Code Act 1995 Schedule (Commonwealth) |
|
|
s. 271.4 |
Trafficking in children |
|
s. 271.7 |
Domestic trafficking in children |
|
s. 272.8(1) |
Engaging in sexual intercourse with child outside |
|
s. 272.8(2) |
Causing child to engage in sexual intercourse in presence of accused person outside |
|
s. 272.9(1) |
Engaging in sexual activity with child outside |
|
s. 272.9(2) |
Causing child to engage in sexual activity in presence of accused person outside |
|
s. 272.10 |
Aggravated offence — child with mental impairment or under care, supervision or authority of accused person |
|
s. 272.11 |
Persistent sexual abuse of child outside |
|
s. 272.12(1) |
Engaging in sexual intercourse with young person outside |
|
s. 272.12(2) |
Causing young person to engage in sexual intercourse in presence of accused person outside |
|
s. 272.13(1) |
Engaging in sexual activity with young person outside |
|
s. 272.13(2) |
Causing young person to engage in sexual activity in presence of accused person outside |
|
s. 272.14 |
Procuring child to engage in sexual activity outside |
|
s. 272.15 |
“Grooming” child to engage in sexual activity outside |
|
s. 272.18 |
Benefiting from offence against Division 272 |
|
s. 272.19 |
Encouraging offence against Division 272 |
|
s. 272.20(1) |
Preparing for or planning offence involving sexual intercourse or other sexual activity with child |
|
s. 272.20(2) |
Preparing for or planning offence involving sexual intercourse or other sexual activity with young person |
|
s. 273.5 |
Possessing, controlling, producing, distributing or obtaining child pornography material outside |
|
s. 273.6 |
Possessing, controlling, producing, distributing or obtaining child abuse material outside |
|
s. 273.7 |
Aggravated offence — offence involving conduct on 3 or more occasions and 2 or more people |
|
s. 309.2 |
Supplying controlled drug to child |
|
s. 309.3 |
Supplying marketable quantity of controlled drug to child for trafficking |
|
s. 309.4 |
Supplying controlled drug to child for trafficking |
|
s. 309.7 |
Procuring child for trafficking marketable quantity of controlled drug |
|
s. 309.8 |
Procuring child for trafficking controlled drug |
|
s. 309.10 |
Procuring child for pre‑trafficking marketable quantity of controlled precursor |
|
s. 309.11 |
Procuring child for pre‑trafficking controlled precursor |
|
s. 309.12 |
Procuring child for importing or exporting marketable quantity of border controlled drug or border controlled plant |
|
s. 309.13 |
Procuring child for importing or exporting border controlled drug or border controlled plant |
|
s. 309.14 |
Procuring child for importing or exporting marketable quantity of border controlled precursor |
|
s. 309.15 |
Procuring child for importing or exporting border controlled precursor |
|
s. 310.2 |
Creating danger to child under 14 from exposure to unlawful manufacturing |
|
s. 310.3 |
Causing harm to child under 14 from exposure to unlawful manufacturing |
|
s. 310.4 |
Aggravated offences — manufacturing controlled drugs and controlled precursors |
|
s. 471.16(1) |
Causing child pornography material to be carried by a postal or similar service |
|
s. 471.16(2) |
Requesting person to cause child pornography material to be carried by a postal or similar service |
|
s. 471.17 |
Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service |
|
s. 471.19(1) |
Causing child abuse material to be carried by a postal or similar service |
|
s. 471.19(2) |
Requesting person to cause child abuse material to be carried by a postal or similar service |
|
s. 471.20 |
Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service |
|
s. 471.22 |
Aggravated offence — offence involving conduct on 3 or more occasions and 2 or more people |
|
s. 471.24 |
Using a postal or similar service to procure child under 16 to engage in sexual activity |
|
s. 471.25 |
Using a postal or similar service to “groom” child under 16 |
|
s. 471.26 |
Using a postal or similar service to send indecent material to child under 16 |
|
s. 474.24A |
Aggravated offence — offence involving conduct on 3 or more occasions and 2 or more people |
|
s. 474.25A(1) |
Engaging in sexual activity with child under 16 using a carriage service |
|
s. 474.25A(2) |
Causing child under 16 to engage in sexual activity with another person using a carriage service |
|
s. 474.25B |
Aggravated offence — child with mental impairment or under care, supervision or authority of accused person |
|
s. 474.27A |
Using a carriage service to transmit indecent communication to child under 16 |
[Schedule 2 inserted in Gazette 5 Oct 2010 p. 5115‑18.]
[r. 8]
|
1. |
Application for assessment notice (child‑related employment) (s. 9(2)(c)) — (a)where the applicant is, or is to be, remunerated for carrying out the child‑related work ......................................... (b)otherwise ....................................................... |
$11.00 |
|
2. |
Application for assessment notice (child‑related business) (s. 10(2)(c)) .................................................. |
|
|
3. |
Application for cancellation of a negative notice (s. 19(5)(c)) .................................................................. |
|
|
4. |
Application for replacement assessment notice (r. 8(3) and (4)) ............................................................ |
|
[Schedule 3 amended in Gazette 1 Jul 2011 p. 2714; 29 Jun 2012 p. 2930; 28 Jun 2013 p. 2748; 27 Jun 2014 p. 2312; 26 Jun 2015 p. 2237‑8.]
1This is a compilation of the Working with Children (Criminal Record Checking) Regulations 2005 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Working with Children (Criminal Record Checking) Regulations 2005 |
21 Dec 2005 p. 6189‑214 |
1 Jan 2006 (see r. 2 and Gazette 30 Dec 2005 p. 6875) |
|
Working with Children (Criminal Record Checking) Amendment Regulations 2006 |
28 Feb 2006 p. 907‑12 |
1 Mar 2006 (see r. 2 and Gazette 14 Feb 2006 p. 695) |
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 2) 2006 |
1 Mar 2006 p. 940 |
2 Mar 2006 (see r. 2) |
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 3) 2006 |
1 Dec 2006 p. 5297‑301 |
1 Dec 2006 |
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 4) 2006 |
29 Dec 2006 p. 5876‑8 |
1 Jan 2007 (see r. 2) |
|
Reprint 1: The Working with Children (Criminal Record Checking) Regulations 2005 as at 20 Jul 2007 (includes amendments listed above) |
||
|
Working with Children (Criminal Record Checking) Amendment Regulations 2007 |
7 Dec 2007 p. 5977‑80 |
r. 1 and 2: 7 Dec 2007 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment (Road Traffic) Regulations 2008 |
20 Jun 2008 p. 2706‑7 |
r. 1 and 2: 20 Jun 2008 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations 2010 |
5 Oct 2010 p. 5113‑18 |
r. 1, 2 and 3: 5 Oct 2010 (see r. 2(a)); |
|
Reprint 2: The Working with Children (Criminal Record Checking) Regulations 2005 as at 14 Jan 2011 (includes amendments listed above) |
||
|
Working with Children (Criminal Record Checking) Amendment Regulations 2011 |
1 Jul 2011 p. 2713‑14 |
r. 1 and 2: 1 Jul 2011 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations 2012 |
29 Jun 2012 p. 2929‑30 |
r. 1 and 2: 29 Jun 2012 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 2) 2012 |
30 Nov 2012 p. 5780-1 |
r. 1 and 2: 30 Nov 2012 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 2) 2013 |
28 Jun 2013 p. 2747-8 |
r. 1 and 2: 28 Jun 2013 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 3) 2013 |
31 Dec 2013 p. 6540-1 |
r. 1 and 2: 31 Dec 2013 (see r. 2(a)); |
|
Reprint 3: The Working with Children (Criminal Record Checking) Regulations 2005 as at 14 Mar 2014 (includes amendments listed above) |
||
|
Working with Children (Criminal Record Checking) Amendment Regulations (No. 2) 2014 |
27 Jun 2014 p. 2312 |
r. 1 and 2: 27 Jun 2014 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations 2014 |
8 Jan 2015 p. 81‑2 |
r. 1 and 2: 8 Jan 2015 (see r. 2(a)); |
|
Working with Children (Criminal Record Checking) Amendment Regulations 2015 |
26 Jun 2015 p. 2237‑8 |
r. 1 and 2: 26 Jun 2015 (see r. 2(a)); |
2Footnote no longer applicable.
3Formerly referred to the Water Corporation Act 1995, the short title of which was changed to the Water Corporations Act 1995 by the Water Services Legislation Amendment and Repeal Act 2012 s. 112. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).
4The Community Services Act 1972, Community Services (Child Care) Regulations 1988 and Community Services (Outside School Hours Care) Regulations 2002 were repealed by the Children and Community Services Act 2004 s. 250.
5Formerly referred to the Children and Community Services (Child Care) Regulations 2006, the citation of which was changed to the Child Care Services (Child Care) Regulations 2006 by the Children and Community Services (Child Care) Amendment Regulations 2007 r. 3. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).
6The Child Care Services (Child Care) Regulations 2006 r. 28 was deleted in Gazette 6 Jan 2012 p. 19.
7The citation of the Children and Community Services (Outside School Hours Care) Regulations 2006 was changed to the Child Care Services (Outside School Hours Care) Regulations 2006 by the Children and Community Services (Family Day Care) Amendment Regulations 2007 in Gazette 7 Aug 2007 p. 4037. The regulations were repealed by the Child Care Services (Repeals) Regulations 2012 in Gazette 5 Mar 2013 p. 1114.
8The citation of the Children and Community Services (Family Day Care) Regulations 2006 was changed to the Child Care Services (Family Day Care) Regulations 2006 by the Children and Community Services (Family Day Care) Amendment Regulations 2007 in Gazette 7 Aug 2007 p. 4034. The regulations were repealed by the Child Care Services (Repeals) Regulations 2012 in Gazette 5 Mar 2013 p. 1113.
9The citation of the Children and Community Services (Outside School Hours Care Family Day Care) Regulations 2006 was changed to the Child Care Services (Outside School Hours Care Family Day Care) Regulations 2006 by the Children and Community Services (Family Day Care) Amendment Regulations 2007 in Gazette 7 Aug 2007 p. 4041. The regulations were repealed by the Child Care Services (Repeals) Regulations 2012 in Gazette 5 Mar 2013 p. 1114.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
application11A(1)
child‑related job10(4)
CrimTrac Agency6(2)
driver’s licence endorsed with extension F or T18(3)
employer21(3)
exempt work3
national event3
national tour3
section3