Crimes Amendment (Working With Children—Criminal History) Act 2010 (Cth)

Crimes Amendment (Working With Children—Criminal History) Act 2010

No. 28, 2010

An Act to amend the Crimes Act 1914, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Crimes Act 1914

Crimes Amendment (Working With Children—Criminal History) Act 2010 No. 28, 2010

An Act to amend the Crimes Act 1914, and for related purposes

[Assented to 25 March 2010]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Crimes Amendment (Working With Children—Criminal History) Act 2010.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Crimes Act 1914

1 Section 85ZS Omit "Without affecting the generality of section 85ZR", substitute "(1) Subject to Division 6".

2 At the end of section 85ZS Add: (2) Subsection (1) does not affect the generality of section 85ZR.

3 Subsections 85ZT(1) and (2) Omit "Despite", substitute "Subject to Division 6, but despite".

4 Section 85ZU Omit "Despite", substitute "Subject to Division 6, but despite".

5 Paragraph 85ZZ(1)(b) After "Division", insert "2 or".

6 Before section 85ZZH Insert:

Subdivision A—Exclusions (Divisions 2 and 3)

85ZZGA Object of Subdivision The object of this Subdivision is to help protect children from sexual, physical and emotional harm by permitting criminal history information to be disclosed and taken into account in assessing the suitability of persons for work with children.

85ZZGB Exclusion: disclosing information to a person or body Divisions 2 and 3 do not apply in relation to the disclosure of information to a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to obtain and deal with information about persons who work, or seek to work, with children; and (b) the disclosure is for the purpose of the person or body obtaining and dealing with such information in accordance with the prescribed law.