Working with Children (Criminal Record Checking) Act 2004 (WA)

Western Australia Working with Children (Screening) Act 2004 Western Australia Working with Children (Screening) Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Principle that best interests of children are paramount 1 4. Terms used 1 5. Managerial officers of bodies corporate licensed under Child Care Service Act 2007, status of for this Act 1 6. Child‑related work 1 7. Class 1 offence and Class 2 offence 1 8. Conviction in relation to offence 1 8A. Expunged convictions to be taken to be non‑conviction charges for the purposes of this Act 1 9A. Application of certain provisions to students 1 9B. Education provider not to procure employment for certain students in child‑related employment 1 Part 2 — Assessment notices and negative notices Division 1 — Application for assessment notice 9. Application for assessment notice (child‑related employment) 1 10. Application for assessment notice (child‑related business) 1 11. Withdrawal of application for assessment notice 1 Division 2 — Issue of assessment notices and negative notices 12. Deciding applications for assessment notice 1 13A. Issue of assessment notices and negative notices 1 13. CEO to give notice of intention to issue negative notice 1 13AA. Interim negative notice 1 14. Duration of assessment notices and negative notices 1 15. Further assessment notice may be obtained 1 Division 3 — CEO may require assessment notice to be applied for 16. CEO may require certain employees to apply for assessment notice 1 17. CEO may require certain people to apply for assessment notice 1 17A. Provision of information by conduct review authority 1 17B. Action based on information received in relation to conduct review finding or outcome 1 17C. CEO may obtain further information about conduct review finding or outcome 1 18. CEO may issue negative notice if notice issued by CEO not obeyed 1 Division 4 — Cancellation of assessment notices and negative notices 19. Application for cancellation of negative notice 1 20. Cancellation of assessment notice or negative notice as result of wrong or incomplete information 1 21A. Cancellation of assessment notices of certain people not involved in child‑related work 1 21B. Cancellation of assessment notice on person's request 1 21C. Cancellation of assessment notices of certain people to whom s. 32 applies 1 21. Issue of notice cancels any previous notice 1 Division 5 — Prohibitions relating to child‑related work 22. Employers not to employ certain people in child‑related employment 1 23. People with negative notice or interim negative notice not to carry out child‑related work 1 24. People without current assessment notice not to carry out child‑related work 1 25. Defences for an offence under s. 24 1 Division 6 — Review by State Administrative Tribunal 26. Reviewable decisions 1 Part 3 — Changes in criminal record and criminal record checks Division 1 — Relevant changes in criminal record 27. Meaning of relevant change in criminal record and requirement to give notice of that change 1 28. Pending applications, applicant to notify CEO of relevant change in criminal history 1 29. People employed in child‑related employment to notify CEO of relevant change in criminal record 1 30. People carrying on child‑related business to notify CEO of relevant change in criminal record 1 31. Duties and employment of people with assessment notice who have relevant change in criminal record 1 32A. Certain applicants for assessment notice to notify proposed employer of relevant change in criminal record 1 32. CEO to treat notice of relevant change under s. 29 and 30 as application for assessment notice 1 33. Class 1 offence: pending charge or conviction prevents child‑related work 1 Division 1A — Designated changes in criminal record 33A. Commissioner may give information about change in criminal record 1 Division 2 — Criminal record checks 34. CEO may carry out criminal record check 1 Part 3A — Information gathering and sharing 34A. General power to obtain, use and disclose information 1 34B. Disclosure of information to employer or proposed employer 1 34C. Power to require reports from CEO (Justice) 1 34D. Exchange of information with corresponding authorities 1 34E. Exchange of information under National Disability Insurance Scheme (Worker Screening) Act 2020 1 34F. Disclosure of information to authorised entities 1 34G. Disclosure of information to Australian Crime Commission 1 34H. Disclosure of information relevant to protection of children or other persons 1 34I. Sharing of police information 1 Part 3B — Compliance and enforcement Division 1 — Preliminary 34J. Terms used 1 Division 2 — Authorised officers 34K. Designation of authorised officers 1 34L. Identity cards 1 Division 3 — Powers of authorised officers 34M. Entry to places 1 34N. Powers after entering place 1 34O. Directions to provide information or documents 1 34P. Additional powers for relevant records 1 34Q. Offence to contravene direction 1 34R. Exercise of power may be recorded 1 34S. Assistance and use of force to exercise power 1 34T. Procedure for seizing things 1 34U. Application of Criminal and Found Property Disposal Act 2006 1 Division 4 — Entry warrants 34V. Application for entry warrant 1 34W. Issue and content of entry warrant 1 34X. Refusal of entry warrant 1 34Y. Effect of entry warrant 1 Division 5 — Additional power to request or provide information 34Z. Additional power to request information 1 34ZA. Provision of information to justice authorities 1 Part 4 — General 35. False or misleading information 1 35A. Obstruction of authorised officer 1 35B. Impersonation of authorised officer 1 35C. Change in particulars 1 36. Assessment notice to be returned to CEO in certain cases 1 39. Use and disclosure of information obtained or created in course of official functions 1 39A. Ability to provide information and protection from liability 1 40. Protection from personal liability 1 41. Employer to comply with Act despite other laws etc. 1 43. Liability of partners for certain offences 1 43A. Protection of legal professional privilege 1 44. Evidentiary matters 1 45. Delegation by CEO etc. 1 45A. Delegation by public authority or other body 1 45B. Commencement of proceedings 1 45C. Time for commencement of prosecution 1 45D. Service of documents 1 46. Regulations 1 47. Review of Act 1 Part 6 — Transitional provisions Division 1 — Transitional provisions for this Act 56. Term used: commencement day 1 57. People carrying on a child‑related business, when s. 24(b) applies to 1 58. Volunteers continuing in child‑related employment, when s. 22(6) and 24(a) apply to 1 59. Ministers of religion etc. continuing in child‑related employment, when s. 22(6) and 24(a) apply to 1 60. Other people in child‑related employment, when s. 22(6) and 24(a) apply to 1 60A. Wilful murder charges and convictions between 1 Jan 2006 and 2 Jul 2008 taken to be relevant changes in criminal record 1 61. Transitional regulations 1 Division 2 — Transitional provisions for Working with Children (Criminal Record Checking) Amendment Act 2022 Subdivision 1 — Preliminary 62. Terms used 1 Subdivision 2 — Classification of offences 63. Pre‑commencement assessment applications 1 64. Pre‑commencement cancellation applications 1 65. Decision to act under s. 17(3)(d) 1 66. Decision to act under s. 20 1 67. Processes associated with s. 32 1 68. Proceedings before State Administrative Tribunal or court 1 69. Rights of review and appeal: related provision 1 70. Rights of review and appeal no longer apply if application made under s. 19 or 20 1 71. Application of new classification provisions 1 Subdivision 3 — Other provisions 72. Application of amended s. 12 1 73. Processes associated with interim negative notice 1 74. Application of Part 3B 1 75. Disclosure of information by CEO 1 76. Transitional regulations 1 Schedule 1 — Class 1 offences Schedule 2 — Class 2 offences Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Working with Children (Screening) Act 2004 An Act — * to provide for procedures for checking the criminal record of people who carry out, or propose to carry out, child‑related work; * to prohibit people who have been charged with or convicted of certain offences from carrying out child‑related work, and to provide for related matters.