Working with Children (Screening) Regulations 2005

that is organised at State, Territory or national level by a recognised body for sporting, educational, religious, cultural, recreational or skill development purposes; and

in which children from more than one State, Territory or country are participating;

that is organised at State, Territory or national level by a recognised body for sporting, educational, religious, cultural, recreational or skill development purposes; and

in which children from more than one State, Territory or country are participating; and

that makes stops at several different venues and locations in Australia, including at least one stop in Western Australia;

a registered training organisation as defined in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3;

a registered higher education provider as defined in the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth) section 5.

the Parliamentary Commissioner;

the Teacher Registration Board.

In this regulation —

The following are prescribed for the purposes of the definition of conduct review finding or outcome in section 4 —

a finding by the head of a relevant entity under the PC Act section 19W(3)(a) of reportable conduct in relation to an employee of the relevant entity;

a finding by the Parliamentary Commissioner —

under the PC Act section 19ZB(4)(a)(i), that the Parliamentary Commissioner is of the opinion that an employee of a relevant entity has engaged in reportable conduct; or

under the PC Act section 19ZB(4)(b)(i), that an employee of a relevant entity has a reportable conviction.

In this regulation —

For the purposes of paragraph (b) of the definition of conduct review finding or outcome in section 4, each of the following is a conduct review finding or outcome —

the suspension by a disciplinary committee of the registration of a teacher under the TR Act section 70(1)(b)(i);

the suspension by the Teacher Registration Board of the registration of a teacher under the TR Act section 80(2)(b);

the disqualification by SAT under the TR Act section 84(1)(b) of a person from having registration granted;

the suspension by SAT of the registration of a teacher under the TR Act section 84(1)(c)(i) or (3)(c);

the cancellation by SAT of the registration of a teacher under the TR Act section 84(1)(c)(iv) or (3)(f).

For the purposes of paragraph (b) of the definition of conduct review finding or outcome in section 4, each of the following that occurred before amendment day is a conduct review finding or outcome —

the suspension by a disciplinary committee of the registration of a teacher under the former TR Act section 70(1)(d);

the suspension by the Teacher Registration Board of the registration of a teacher under the former TR Act section 80(2)(b);

the suspension by SAT of the registration of a teacher under —

the former TR Act section 70(1)(d), as applied by section 84(1)(b)(i) of that Act; or

the former TR Act section 84(2)(b);

the disqualification by SAT of a person from applying for registration as a teacher under the former TR Act section 84(1)(a)(ii);

the cancellation by SAT of the registration of a teacher under the former TR Act section 84(1)(b)(ii) or (2)(e).

the Working with Vulnerable People (Background Checking) Act 2011 (Australian Capital Territory);

the Child Protection (Working with Children) Act 2012 (New South Wales);

the Care and Protection of Children Act 2007 (Northern Territory);

the Working with Children Check Act 2000 (Qld);

the Child Safety (Prohibited Persons) Act 2016 (South Australia);

the Registration to Work with Vulnerable People Act 2013 (Tasmania);

the Worker Screening Act 2020 (Victoria).

For the purposes of section 6(3), section 6(1) applies to work that is carried out on a voluntary basis by a child if —

a negative notice or interim negative notice has been issued to the child and is current; or

the child is the subject of an adverse interstate WWC decision.

Subject to subregulations (3), (4) and (5), the work described in Schedule 1 is prescribed for the purposes of section 6(4) as work to which section 6(1) does not apply.

Subregulation (2) does not apply to the work described in Schedule 1 Division 1 that is carried out on a voluntary basis by a person who is a parent of a child if —

a negative notice or interim negative notice has been issued to the person and is current; or

the person is the subject of an adverse interstate WWC decision.

Subregulation (2) does not apply to the work described in Schedule 1 clause 13 that is carried out by a student who is a child if —

a negative notice or interim negative notice has been issued to the child and is current; or

the child is the subject of an adverse interstate WWC decision.

Subregulation (2) does not apply to the following work carried out by a person who is the subject of an adverse interstate WWC decision —

work described in Schedule 1 clause 12;

work described in Schedule 1 clause 17.

For the purposes of section 7(1)(b), an offence against a provision listed in Schedule 2 is a Class 1 offence if the offence complies with any condition specified in that Schedule for that offence.

For the purposes of section 7(2)(b), an offence against a provision listed in Schedule 3 is a Class 2 offence if the offence complies with any condition specified in that Schedule for that offence.

For the purposes of Schedules 2 and 3, this subregulation applies to an offence if —

the victim of the offence is a child who has reached 14 years of age; and

the age difference between the victim and the offender does not exceed 5 years.

This regulation has effect for the purposes of the definition of designated conduct review authority in section 17A(1).

The Parliamentary Commissioner is the designated conduct review authority in relation to a conduct review finding or outcome referred to in regulation 3C(2).

The Teacher Registration Board is the designated conduct review authority in relation to a conduct review finding or outcome referred to in regulation 3D(1A) or (2).