Working with Children (Criminal Record Checking) Regulations 2005

 

Working with Children (Criminal Record Checking) Regulations 2005

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Interpretation1

Part 2 — General

4.Exemptions to “child‑related work” — Schedule 12

5.Prescription of Class 2 offences — Schedule 22

6.CrimTrac prescribed as a “criminal records agency”  — s. 34(1)2

7.Public authorities to which information about issue of negative notices and interim negative notices may be disclosed — s. 38(2)2

8.Fees3

Part 3 — Transitional arrangements

Division 1 — General

9.Interpretation4

10.Day from which person to be screened if 2 or more days apply4

11.When applications may be made5

11A.Effect of withdrawal of certain applications6

Division 2 — Persons carrying on child‑related businesses and persons employed in certain child‑related employment

12.Persons carrying on a child‑related business (s. 57(1))7

13.Persons employed in certain child‑related employment referred to in s. 6(1)(a) (s. 60(2))7

14.Persons employed in child‑related employment referred to in s. 6(1)(b)8

Division 3 — Exceptions to Division 2

15.Coaching or private tuition services (education or training provider) (s. 57(1) and 60(2))9

16.Volunteers in child‑related employment (s. 58(2) and 60(2))10

17.Ministers of religion (s. 59(2))11

18.Holders of driver’s licences of class F or T (s. 57(1) and 60(2))11

19.Persons employed in other child‑related employment (s. 60(2))12

20.Certain other persons (s. 60(2))13

21.Work in connection with a child care service (s. 57(1), 60(2) and 61)14

22.Work in connection with a placement arrangement under the Children and Community Services Act 2004 (s. 57(1) and 60(2))18

Schedule 1 — Work which is not “child‑related work”

Division 1 — Voluntary work carried out by parents

1a.Child care services (s. 6(1)(a)(i)20

1.Community kindergartens and educational institutions (s. 6(1)(a)(ii) and(iii))20

2.Coaching or private tuition services (s. 6(1)(a)(iv))20

3.Accommodation or care of children (s. (6)(1)(a)(v))21

4.Community child health services (s. 6)1)(a)(ix))21

5.Counselling or other support services (s. 6(1)(a)(x))21

6.Religious organisations (s. 6(1)(a)(xi))21

7.Clubs, associations or movements (s. 6(1)(a)(xii))22

8.Children in hospital (s. 6(1)(a)(xiii))22

8a.Baby sitting or child minding service (s. 6(1)(a)(xiv))22

9.Transport services for children (s. 6(1)(a)(xvi))22

10.School crossing services (s. 6(1)(a)(xvii))23

11.Children’s entertainment or party services (s. 6(1)(a)(xviii))23

Division 2 — Other exempt work

12.Child‑related work carried out by visitors to the State (s. 6(1)(a))23

12a.Child‑related work carried out by a police officer (s. 6(1)(a)(iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii))23

13.Community kindergartens, educational institutions, coaching or private tuition services and overnight camps (s. 6(1)(a)(ii), (iii), (iv) and (xv))24

14.Coaching or private tuition services provided to certain groups (s. 6(1)(a)(iv))24

15.Accommodation or care of children in residence for tertiary education (s. (6)(1)(a)(v))24

16.Children’s entertainment or party services (s. 6(1)(a)(xviii))25

Schedule 2  Offences under laws of other jurisdictions prescribed as Class 2 offences

Schedule 3  Fees

Notes

Compilation table29

 

Working with Children (Criminal Record Checking) Act 2004

Working with Children (Criminal Record Checking) Regulations 2005

Part 1  Preliminary

1.Citation

These regulations are the Working with Children (Criminal Record Checking) Regulations 2005.

2.Commencement

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.

3.Interpretation

In these regulations —

section means section of the Act.

Part 2  General

4.Exemptions to “child‑related work” — Schedule 1

The work described in Schedule 1 is prescribed under section 6(3)(b) as work to which section 6(1) does not apply.

5.Prescription of Class 2 offences — Schedule 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 prescribed as a “criminal records agency”
 — 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 to which information about issue of negative notices and interim negative notices may be disclosed — s. 38(2)

The following public authorities are prescribed for the purposes of section 38(2) —

(a)the Department as defined in section 38(1);

(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 Western Australian College of Teaching established under the Western Australian College of Teaching Act 2004;

(e)the Department of the Public Service principally assisting in the administration of the Police Act 1892.

8.Fees

(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.

(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;

(b)signed by the applicant; and

(c)accompanied by the fee set out in Schedule 3 item 4.

Part 3 — Transitional arrangements

Division 1 — General

9.Interpretation

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 this 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 those sections are 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;

(b)under one contract of employment or apprenticeship (whether written or unwritten);

(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.]

11.When applications may be made

(1)Unless otherwise approved, a person carrying out child‑related work cannot make an application for an assessment notice sooner than —

(a)if the applicant for the notice is a person who is employed in child‑related employment specified in regulation 13(2), 18(2)(c), 19(2) or 20(1)(c), 24 months;

(aa)if the applicant for the notice is a person carrying out child‑related business specified in regulation 21(2), 4 months;

(ab)if the applicant for the notice is a person who is employed in child‑related employment specified in regulation 21(3), 4 months; or

(b)otherwise, 12 months,

before the day from which a provision of the Act is to apply to, or in relation to, the person in accordance with this Part.

(2)Subregulation (1) does not apply on and after 1 January 2011.

[Regulation 11 amended in Gazette 28 Feb 2006 p. 908.]

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(2) or 30 that is treated under section 32(1) as an application for an assessment notice; or

(c)an application for an assessment notice by a person that is made in accordance with an approval given under regulation 11(1).

(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.]

Division 2 — Persons carrying on child‑related businesses and persons employed in certain child‑related employment

12.Persons carrying on a child‑related business (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.Persons employed in certain child‑related employment referred to in s. 6(1)(a) (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 subregulation (3) —

(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)referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service;

(b)referred to in section 6(1)(a)(v) in connection with an with an arrangement for the accommodation or care of children, whether in a residential facility or private residence;

(c)referred to in section 6(1)(a)(xi) in connection with a religious organisation;

(d)referred to in section 6(1)(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;

(e)referred to in section 6(1)(a)(xiv) in connection with a babysitting or childminding service;

(f)referred to in section 6(1)(a)(xv) in connection with an overnight camp;

(g)referred to in section 6(1)(a)(xvi) in connection with a transport service specifically for children;

(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; or

(i)referred to in section 6(1)(a)(xviii) in connection with a children’s entertainment or party service.

14.Persons employed in child‑related employment referred to in s. 6(1)(b)

(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.Coaching or private tuition services (education or training provider) (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;

(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.Volunteers in child‑related employment (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;

(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;

(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.Ministers of religion (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.Holders of driver’s licences of class F or T (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 as of class F or class 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;

(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 as of class F or class 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;

(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 as of class F or class Tmeans a driver’s licence within the meaning of the Road Traffic Act 1974 endorsed under that Act as of class F or class T.

19.Persons employed in other child‑related employment (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 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; 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;

(b)referred to in section 6(1)(a)(iii) in connection with an educational institution for children;

(ba)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;

(c)referred to in section 6(1)(a)(viii) in connection with a detention centre, as defined in the Young Offenders Act 1994 section 3;

(d)referred to in section 6(1)(a)(ix) in connection with a community child health service;

(e)referred to in section 6(1)(a)(x) in connection with a counselling or other support service; or

(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.

[Regulation 19 amended in Gazette 28 Feb 2006 p. 908.]

20.Certain other persons (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;

(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);

(b)a member of staff within the meaning of the Electricity Corporation Act 1994;

(c)a member of staff within the meaning of the Water Corporation Act 1995;

(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.

21.Work in connection with a child care service (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; 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 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); or

(ii)a copy of a current criminal record check for the person under the Community Services (Outside School Hours Care) Regulations 2002 regulation 42(1),

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 Children and Community Services (Child Care) Regulations 2006 regulation 28(1) or the Children and Community Services (Outside School Hours Care) Regulations 2006 regulation 27(1), 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 Children and Community Services (Child Care) Regulations 2006 regulation 11(3) or 12(3) or (4), 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); 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),

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 (Outside School Hours Care) Regulations 2006 regulation 12(3) or 13(3) or (4), 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

(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); 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),

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 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.

[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.]

22.Work in connection with a placement arrangement under the Children and Community Services Act 2004 (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.]

 

Schedule 1 — Work which is not “child‑related work”

[r. 4]

Division 1 — Voluntary work carried out by parents

1a.Child care services (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 (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 (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.

3.Accommodation or care of children (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 (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 (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 (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 (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 (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 (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 (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 (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 (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 (s. 6(1)(a))

Work referred to in section 6(1)(a) carried out by a person —

(a)who is not ordinarily resident in the State;

(b)during the period of 2 weeks after the person arrives in the State; and

(c)that does not exceed a period of 2 weeks in any period of 12 months.

12a.Child‑related work carried out by a police officer (s. 6(1)(a)(iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii))

Work referred to in section 6(1)(a)(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.]

13.Community kindergartens, educational institutions, coaching or private tuition services and overnight camps (s. 6(1)(a)(ii), (iii), (iv) and (xv))

Work —

(a)referred to in section 6(1)(a)(ii), (iii) or (iv) in connection with —

(i)a community kindergarten registered under the School Education Act 1999 Part 5;

(ii)an educational institution for children; or

(iii)a coaching or private tuition service;

or

(b)referred to in section 6(1)(a)(xv) in connection with an overnight camp arranged by a kindergarten, educational institution or service referred to in paragraph (a),

and carried out by a person who is a member of the Western Australian College of Teaching established under the Western Australian College of Teaching Act 2004.

[Clause 13 inserted in Gazette 28 Feb 2006 p. 911‑12.]

14.Coaching or private tuition services provided to certain groups (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 students, unless that class is provided primarily for children.

15.Accommodation or care of children in residence for tertiary education (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 (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.

Schedule 2  Offences under laws of other jurisdictions prescribed as Class 2 offences

[r. 5]

Enactment and Jurisdiction

Description of offence

Criminal Code Act 1995 of the Commonwealth

 

s. 271.4

Offence of trafficking in children

s. 271.7

Offence of domestic trafficking in children

s. 309.2

Supplying controlled drugs to children

s. 309.3

Supplying marketable quantities of controlled drugs to children for trafficking

s. 309.4

Supplying controlled drugs to children for trafficking

s. 309.7

Procuring children for trafficking marketable quantities of controlled drugs

s. 309.8

Procuring children for trafficking controlled drugs

s. 309.10

Procuring children for pre‑trafficking marketable quantities of controlled precursors

s. 309.11

Procuring children for pre‑trafficking controlled precursors

s. 309.12

Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants

s. 309.13

Procuring children for importing or exporting border controlled drugs or border controlled plants

s. 309.14

Procuring children for importing or exporting marketable quantities of border controlled precursors

s. 309.15

Procuring children for importing or exporting border controlled precursors

s. 310.2

Danger from exposure to unlawful manufacturing

s. 310.3

Harm from exposure to unlawful manufacturing

s. 310.4

Aggravated offences — manufacturing controlled drugs and controlled precursors

Schedule 3  Fees

[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 .............................................................



$50

$10

2.

Application for assessment notice (child‑related business) (s. 10(2)(c)) .......................................................


$50

3.

Application for cancellation of a negative notice (s. 19(5)(c)) .......................................................................


$50

4.

Application for replacement assessment notice (r. 8(3) and (4)) .............................................................................


$10

Notes

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.

Compilation table

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