Working with Children Check Act 2000

This section applies if the chief executive becomes aware that police information about a relevant person has changed.

However, this section does not apply if—

the change is that the relevant person has been charged with or convicted of a disqualifying offence; or

the change is that the relevant person has become a disqualified person.

If the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following—

the relevant person’s name and identifying details;

that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment;

that the chief executive is making a decision under part 4, division 9 about the relevant person;

an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section;

if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence;

if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment.

If the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board.

An employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment.Maximum penalty—200 penalty units or 2 years imprisonment.

An employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4).

In this section—employer means a person who employs a relevant person.relevant person means—

a person who holds a working with children authority, other than an authority that is suspended under section 296; or

a person who has made a working with children check application that has not been decided or withdrawn.