Working with Children (Screening) Regulations 2005

For the purpose of section 57(1), section 24(b) applies to a person who starts to carry on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service on or after 1 January 2007, from when the person starts to carry on the business.

For the purpose of section 57(1), section 24(b) applies to a person who carries on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 and who —

immediately before the commencement of the Children and Community Services Act 2004 section 250 was the holder of a licence or a permit issued under the Community Services Act 1972 section 17B ²; or

holds a licence, or is a managerial officer in relation to a body corporate that holds a licence, under the Children and Community Services Act 2004 Part 8,

For the purpose of section 57(1), section 24(b) applies to a person who carries on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service of a type referred to in the Children and Community Services Act 2004 section 198(1)(c) and who —

carried on a service of that type immediately before the commencement of the Children and Community Services Act 2004 section 250 but did not hold a licence or permit issued under the Community Services Act 1972 section 17B ² relating to the service; and

immediately before 1 January 2007 does not hold a licence issued under the Children and Community Services Act 2004 Part 8 relating to the service,

Sections 22(4) and 24(a) do not apply in relation to a person who is employed in child‑related employment referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 until —

in the case of a person who has produced, or given, to a licensee or permit holder —

a current criminal record check for the person under the Community Services (Child Care) Regulations 1988 regulation 37A(1) ²; or

a copy of a current criminal record check for the person under the Community Services (Outside School Hours Care) Regulations 2002 regulation 42(1) ²,

is on or after 1 January 2007; and

is 2 years after the day on which a check or copy was produced, or given, to the licensee or permit holder;

in the case of a person who has before 1 January 2007 given a licensee a copy of a current criminal record check under the Child Care Services (Child Care) Regulations 2006 ³ regulation 28(1) ⁴ or the Children and Community Services (Outside School Hours Care) Regulations 2006 regulation 27(1) ⁵, the day that —

is on or after 1 January 2007; and

is 2 years after the day on which the copy was given to the licensee;

in the case of a person who is the subject of a criminal record check provided by a licensee under the Child Care Services (Child Care) Regulations 2006 regulation 11(3) or 12(3) or (4) ³, the day that —

is on or after 1 January 2007; and

is the day on which the term of the licence of the licensee expires;

in the case of a person who —

is the subject of a criminal record check provided by a licensee under the Children and Community Services (Family Day Care) Regulations 2006 regulation 11(3)(a) ⁶; or

is to be taken to have been appointed to act in place of the licensee with the approval of the CEO under the Children and Community Services (Family Day Care) Regulations 2006 regulation 11(7) ⁶,

is on or after 1 January 2007; and

is the day on which the term of the licence of the licensee expires;

in the case of a person who is the subject of a criminal record check provided by a licensee under the Children and Community Services (Outside School Hours Care) Regulations 2006 regulation 12(3) or 13(3) or (4) ⁵, the day that —

is on or after 1 January 2007; and

is the day on which the term of the licence of the licensee expires;

in the case of a person who —

is the subject of a criminal record check provided by a licensee under the Children and Community Services (Outside School Hours Family Day Care) Regulations 2006 regulation 12(3)(a) ⁷; or

is to be taken to have been appointed to act in place of the licensee with the approval of the CEO under the Children and Community Services (Outside School Hours Family Day Care) Regulations 2006 regulation 12(7) ⁷,

in the case of a person who is employed by a person who carries on a child‑related business referred to in section 6(1)(a)(i) in connection with a child care service of a type referred to in the Children and Community Services Act 2004 section 198(1)(c) (the employer), if the employer —

carried on a service of that type immediately before the commencement of the Children and Community Services Act 2004 section 250 but did not hold a licence or permit issued under the Community Services Act 1972 section 17B ² relating to the service; and

immediately before 1 January 2007 does not hold a licence issued under the Children and Community Services Act 2004 Part 8 relating to the service,

Sections 22(4) and 24(a) do not apply in relation to a person who starts to be employed in child‑related employment referred to in section 6(1)(a)(i) in connection with a child care service on or after 1 January 2007, until the person starts to be so employed.

Sections 22(4) and 24(a) do not apply in relation to a person who is employed in child‑related employment referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 until, in the case of a person who has not been the subject of a criminal record check before 1 January 2007 under the Community Services Act 1972 ² or the Children and Community Services Act 2004, the day that is on or after 1 January 2009.

For the purpose of section 57(1), section 24(b) applies to a person who carries on a child‑related business referred to in section 6(1)(a)(vi) in connection with a placement arrangement under the Children and Community Services Act 2004 —

from 1 January 2008, if the person starts to carry on the business before 1 January 2007; or

from when the person starts to carry on the business, if the person starts to carry on the business on or after 1 January 2007.

For the purpose of section 60(2), sections 22(6) and 24(b) apply in relation to a person who is being employed in child‑related employment referred to in section 6(1)(a)(vi) in connection with a placement arrangement under the Children and Community Services Act 2004 —

from 1 January 2008, if the person starts to be employed in the employment before 1 January 2007; or

from when the person starts to be employed in the employment, if the person starts to be so employed on or after 1 January 2007.