Working with Children Check Act 2000

Employment is regulated employment if the usual functions of the employment include, or are likely to include, an employee providing 1 or more of the following—

a health service to a child at a health facility—

if services provided at the facility are provided only or mainly to children; orExamples of health facilities for subparagraph (i)—a children’s hospital, a child health clinic

if the employee’s employment involves providing services only or mainly to children;Examples for subparagraph (ii)—

a health service to a child other than at a health facility—

that, by its nature, requires physical contact with the child; orExample for subparagraph (i)—a person providing massage services to children

if the employee is physically present with the child while no-one else is present;

a counselling service to a child—

if the employee is physically present with the child while no-one else is present; or

if the employee is not physically present with the child;Example for subparagraph (ii)—a counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties

a support service to a child—

if the employee is physically present with the child while no-one else is present; or

if the employee is not physically present with the child.

However, employment mentioned in subsection (1) is not regulated employment if—

the employee is an approved teacher and the employment is part of the employee’s duties for the school that employs the employee; or

the employee is providing the service as part of the employee’s employment with a licensed care service.

In this section—counselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties.health service means any of the following—

a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following—

a service providing personal care to a person who is ill, injured or otherwise infirm;Examples of providing personal care—

a service providing respite care;

a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;

a massage service, including a massage service for relaxation;

a service provided by a health student in the student’s capacity as a health student;

a service prescribed under a regulation to be a health service.