Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 16 and 33]
[Heading inserted in Gazette 26 Jun 1992
p. 2716; amended by No. 19 of 2010 s. 4.]
1 . Exceptions as to all spent convictions
(1) The persons
specified in the first column of the table to this subclause are excepted from
the provisions of Part 3 specified in the second column in respect of all
spent convictions.
Table
|
Person excepted |
Provisions of |
|---|---|
|
1. The Prisoners Review Board established by the
Sentence Administration Act 2003 . |
Division 4 |
|
1A. The Supervised Release Review Board
established under the Young Offenders Act 1994 . |
Division 4 |
|
1B. The Mentally Impaired Accused Review Board
established by the Criminal Law (Mentally Impaired Accused) Act 1996 . |
Division 4 |
|
2. A person being considered for appointment as a
Justice of the Peace under the Justices of the Peace Act 2004 . |
Division 4 |
|
3. A person appointed as or being considered for
appointment as a constable or police auxiliary officer or Aboriginal police
liaison officer under the Police Act 1892 . |
Section 18 and Division 4 |
|
4. A person appointed as or being considered for
appointment as a special constable or police cadet under the
Police Act 1892 . |
Division 4 |
|
4A. A person appointed, or being considered for
appointment, by the Commissioner of Police acting as an employing authority
under the Public Sector Management Act 1994 to an office, post or
position the duties of which are such that the holder of it is, or may be
required, to provide services to persons who are not of full legal capacity or
to deal in any manner with persons who are not of full legal capacity. |
Section 18 and Division 4 |
|
5. A person — (a) who
is employed, or who is being considered for employment, as a prison officer
under the Prisons Act 1981 ; or (b) who
holds, or who is applying to be issued with, a permit to do high-level
security work as defined in that Act. |
Section 18, 19, 20, 22 and Division 4 |
|
6. A person employed or being considered for
employment under the Gold Corporation Act 1987 . |
Section 18 and Division 4 |
|
7. A person being considered for the grant of a
licence as a casino key employee or casino employee under the
Casino Control (Burswood Island) (Licensing of Employees)
Regulations 1985 . |
Section 22 and Division 4 |
|
8. A person who holds a licence or permit, or who
is applying for the issue or renewal of a licence or permit, under the
Security and Related Activities (Control) Act 1996 . |
Section 22 and Division 4 |
|
9. A person applying for the issue of a licence
under the Firearms Act 1973 . |
Division 4 |
|
10. A person employed in the Department of
Corrective Services when (in the course of the person’s duties)
assessing, reporting about or classifying persons charged with or convicted of
offences. |
Division 4 |
|
10A. A contract worker who is authorised under
section 15I of the Prisons Act 1981 to perform the functions of a
superintendent or a prison officer when (in the course of the person’s
duties) assessing, reporting about or classifying persons charged with or
convicted of offences. |
Division 4 |
|
10B. A person — (a)
appointed as or being considered for appointment as the Commissioner under the
Corruption and Crime Commission Act 2003 ; |
Section 18 and Division 4 |
|
(b)
appointed as or being considered for appointment as the Parliamentary
Inspector of the Corruption and Crime Commission under the Corruption and
Crime Commission Act 2003 ; | |
|
(c)
appointed as or being considered for appointment as an officer of the
Corruption and Crime Commission under section 179 of the Corruption and
Crime Commission Act 2003 ; | |
|
(d)
seconded or otherwise engaged, or being considered for secondment or
engagement, as an officer of the Corruption and Crime Commission under
section 181 of the Corruption and Crime Commission Act 2003 ; | |
|
(e)
engaged or being considered for engagement as an officer of the Corruption and
Crime Commission under section 182 of the Corruption and Crime Commission
Act 2003 ; | |
|
(f)
appointed as or being considered for appointment as an employee of the
Parliamentary Inspector of the Corruption and Crime Commission under
section 210 of the Corruption and Crime Commission Act 2003 ; | |
|
(g)
seconded or otherwise engaged, or being considered for secondment or
engagement, as an officer of the Parliamentary Inspector of the Corruption and
Crime Commission under section 212 of the Corruption and Crime Commission
Act 2003 ; | |
|
(h)
engaged or being considered for engagement as an officer of the Parliamentary
Inspector of the Corruption and Crime Commission under section 213 of the
Corruption and Crime Commission Act 2003. | |
|
11. A person who is designated, or who is being
considered for designation, as a security officer under the
Public Transport Authority Act 2003 section 56(2). |
Sections 18, 20 and 22 and Division 4 |
|
12. A person — (a) who
is authorised, or who is being considered for authorisation, to exercise a
Schedule power as defined in the Court Security and Custodial Services
Act 1999 ; or (b) who
holds, or who is applying to be issued with, a permit to do high-level
security work as defined in that Act. |
Section 18, 19, 20, 22 and Division 4 |
|
13. A person authorised to exercise a power set
out in Division 1, 2 or 3 of Schedule 2 to the
Court Security and Custodial Services Act 1999 when (in the course of
the person’s duties) assessing, reporting about or classifying persons
charged with or convicted of offences. |
Division 4 |
|
14. A person — (a) who
is appointed, or is being considered for appointment, as the Public Trustee
under the Public Trustee Act 1941 section 4; or (b) who,
pursuant to the Public Trustee Act 1941 section 6, is appointed,
transferred or seconded, or is being considered for appointment, transfer or
secondment, under the Public Sector Management Act 1994 Part 3 for
the purposes of assisting the Public Trustee to perform his or her functions;
or (c)
whose services the Public Trustee makes use of, or is considering making use
of, under the Public Trustee Act 1941 section 6A; or (d) who
is engaged or appointed, or is being considered for engagement or appointment,
under the Public Sector Management Act 1994 section 100 for the
purposes referred to in paragraph (b); or (e) who
provides, or has offered to provide, services on a voluntary basis for the
purposes referred to in paragraph (b). |
Sections 18 and 20 and Division 4 |
|
15. A person — (a) who
is appointed, or is being considered for appointment, as the Public Advocate
under the Guardianship and Administration Act 1990 section 91; or (b) who
is appointed, or is being considered for appointment, under the
Guardianship and Administration Act 1990 section 93 to act as Public
Advocate; or (c) who,
pursuant to the Guardianship and Administration Act 1990 section 94,
is appointed, transferred or seconded, or is being considered for appointment,
transfer or secondment, under the Public Sector Management Act 1994
Part 3 for the purposes of assisting the Public Advocate to perform his
or her functions; or (d) who
is engaged or appointed, or is being considered for engagement or appointment,
under the Public Sector Management Act 1994 section 100 for the
purposes referred to in paragraph (c); or (e) who
provides, or has offered to provide, services on a voluntary basis for the
purposes referred to in paragraph (c). |
Sections 18 and 20 and Division 4 |
(2) In the case of a
person referred to in item 2 to 9, 10B, 11, 12, 14 or 15 of the table to
subclause (1), the exception in that subclause extends to any other
person —
(a) who
has appointed, designated, employed, transferred, seconded or engaged the
person or is considering the person for appointment, designation, employment,
transfer, secondment or engagement; or
(b) who
has issued a permit to the person or is considering issuing a permit to the
person; or
(c) who
is considering granting or issuing a licence to the person; or
(d) who
has authorised the person or is considering the person for authorisation; or
(e) for
whom the person provides, or has offered to provide, services on a voluntary
basis,
whichever is relevant
for the purposes of the item.
(3) The persons
specified in the table to this subclause are excepted from the provisions of
sections 18, 19, 20 and 22 and Division 4 of Part 3 in respect
of all spent convictions.
Table
|
1. A person who is employed, or who is being
considered for employment, in the Department of Education and Training. |
|
2. A person who is employed, or who is being
considered for employment, in the Department of Education Services. |
|
3. A person who is a member of the governing body
of a school that is registered under Part 4 of the
School Education Act 1999 or who is named as a member of the governing
body in an application for registration made under section 158 of that
Act. |
|
4. A person who is employed, or who is being
considered for employment, in a school that is registered under Part 4 of
the School Education Act 1999 . |
|
5. A person who is a member of the governing body
of a community kindergarten that is registered under Part 5 of the
School Education Act 1999 or who is named as a member of the governing
body in an application for registration made under section 193 of that
Act. |
|
6. A person who is employed, or who is being
considered for employment, in a community kindergarten that is registered
under Part 5 of the School Education Act 1999 . |
|
7. A person who is engaged, or who is being
considered for engagement, whether for reward or not, to carry out duties that
may require the person to come into contact with children of a school (whether
in or outside school premises) for purposes related to school activities, for
purposes related to health or for religious purposes. |
|
8. A person who is engaged, or who is being
considered for engagement, whether for reward or not, to carry out duties that
may require the person to come into contact with children of a community
kindergarten that is registered under Part 5 of the
School Education Act 1999 (whether in or outside the premises of the
community kindergarten) for purposes related to activities of the community
kindergarten, for purposes related to health or for religious purposes. |
|
9. A person who is employed, or who is being
considered for employment, in a college established under section 35 of
the Vocational Education and Training Act 1996 . |
|
10. A person who is employed, or who is being
considered for employment, by a registered training provider under the
Vocational Education and Training Act 1996 . |
|
11. A person who is a member of the governing body
of an organisation registered under the
Education Service Providers (Full Fee Overseas Students) Registration
Act 1991 or is named as a member of the governing body in an application
for the registration of an organisation made under that Act. |
|
12. A person who is employed, or who is being
considered for employment, by an organisation registered under the
Education Service Providers (Full Fee Overseas Students) Registration
Act 1991 . |
|
13. A person who is employed, or who is being
considered for employment, by the Country High Schools Hostels Authority. |
|
14. A person who has been appointed, or who is
being considered for appointment, as a member of the Board established under
section 7 of the Western Australian College of Teaching Act 2004 . |
|
15. A person who is employed, or who is being
considered for employment, by the Western Australian College of Teaching. |
|
16. A person who is registered or provisionally
registered as a teacher or holds a limited authority to teach under the
Western Australian College of Teaching Act 2004 or who has applied for
membership of the Western Australian College of Teaching in the category of
registration as a teacher, provisional registration as a teacher or limited
authority to teach. |
|
17. A person who is employed, or who is being
considered for employment, by an organisation that has obtained funding or is
proposing to obtain funding under a funding agreement with the Minister
administering the School Education Act 1999 . |
|
18. A person who is placed, or who is being
considered for placement, in a school as part of a course of training that the
person is undertaking for the purpose of obtaining a vocational qualification.
|
|
19. A person who is employed, or who is being
considered for employment, in the Department of Housing and Works to carry out
duties that may require the person to come into contact with children of a
school (whether in or outside school premises). |
(4) In the case
of a person referred to in an item of the table to subclause (3),
the exception in that subclause extends to any other person —
(a) who
has employed, appointed, engaged or placed the person or is considering the
person for employment, appointment, engagement or placement; or
(b) who
has registered a school, community kindergarten or organisation of whose
governing body the person is a member or is considering registering a school,
community kindergarten or organisation of whose governing body the person is
named as a member; or
(c) for
whom the person provides, or has offered to provide, services on a voluntary
basis; or
(d) who
has registered, provisionally registered or issued limited authority to the
person or is considering registering, provisionally registering or issuing
limited authority to the person,
whichever is relevant
for the purposes of the item.
(5) The persons
specified in the first column of the table to this subclause are excepted from
the provisions of Part 3 specified in the second column in respect of all
spent convictions.
Table
|
Person excepted |
Provisions of Part 3 |
|---|---|
|
1. A person who is employed, or who is being
considered for employment, by the Director General of the Department for
Community Development 6 if the person may in the course of the
person’s duties deal with children and their families or with sensitive
and confidential information about children and their families. |
Sections 18 and 20 and Division 4 |
|
2. A person — (a) who
is placed, or who is being considered for placement, as a student or trainee;
or (b) who
is engaged, or who is being considered for engagement, in an unpaid capacity, in the Department for Community Development
6 if the person may in the course of the person’s service deal
with children and their families or with sensitive and confidential
information about children and their families. |
Sections 18 and 20 and Division 4 |
|
3. A person who is a member, or who is being
considered for membership, of a committee or other body advising the Minister
for Community Development or the Director General of the Department for
Community Development 6 if the committee or body may in the course of
performing its functions deal with children and their families or with
sensitive and confidential information about children and their families. |
Sections 18 and 20 and Division 4 |
|
4. A person who has been engaged, or who is being
considered for engagement, either for reward or in an unpaid capacity by the
Department for Community Development 6 to provide overnight care for a
child or children, whether in the person’s home or otherwise. |
Sections 18 and 20 and Division 4 |
|
4A. A person who is employed, or who is being
considered for employment, in the Department of Housing and Works if the
person may in the course of the person’s duties deal with children and
their families or with sensitive and confidential information about children
and their families. |
Sections 18 and 20 and Division 4 |
|
5. A person applying for a licence or permit to
provide a child care service under the Community Services Act 1972
7 . |
Sections 18 and 20 and Division 4 |
|
6. A person applying under section 38(1) of
the Adoption Act 1994 to be assessed for suitability for adoptive
parenthood. |
Division 4 |
(6) In the case of a
person referred to in an item of the table to subclause (5), the
exception in that subclause extends to any other person who —
(a) has
employed, placed, appointed or engaged the person or is considering the person
for employment, placement, appointment or engagement; or
(b) is
considering issuing or granting a licence or permit to the person; or
(c) is
assessing the suitability of the person,
whichever is relevant
for the purposes of the item.
(7) The persons
specified in the table to this subclause are excepted from the provisions of
sections 18, 19, 20 and 22 and Division 4 of Part 3 in respect
of all spent convictions.
Table
|
1. A person who is employed or seconded, or who is
being considered for employment or secondment, by the Director General of the
Department of Health under the — (a)
Health Act 1911 ; or (b)
Hospitals and Health Services Act 1927 ; or (c)
Mental Health Act 1996 ; or |
|
2. A person who is placed, or who is being
considered for placement, as a student undertaking a practicum or in an unpaid
capacity in the Department of Health. |
(8) In the case of a
person referred to in an item of the table to subclause (7) the exception
in that subclause extends to any other person who has employed, seconded or
placed the person or is considering the person for employment, secondment or
placement.
(9) The persons
specified in the table to this subclause are excepted from the provisions of
sections 18, 19, 20 and 22 and Division 4 of Part 3 in respect
of all spent convictions.
Table
|
1. A person who is employed, or who is being
considered for employment, in the Disability Services Commission referred to
in section 6 of the Disability Services Act 1993 . |
|
1A. A person who is placed, or who is being
considered for placement, in an unpaid capacity in the Disability Services
Commission referred to in section 6 of the Disability Services
Act 1993 . |
|
2. A person who is appointed, or who is being
considered for appointment, as a member of the board of the Disability
Services Commission referred to in section 7 of the Disability Services
Act 1993 . |
|
3. A person who is a member, or who is being
considered for appointment as a member, of the Ministerial Advisory Council on
Disability referred to in section 22 of the Disability Services
Act 1993 . |
|
4. A person who is a member, or who is being
considered for appointment or election as a member, of the governing body of
an organisation that is funded by the Disability Services Commission under
Part 4 or 4A of the Disability Services Act 1993 . |
|
5. A person who is employed, or who is being
considered for employment, in an organisation that is funded by the Disability
Services Commission under Part 4 or 4A of the
Disability Services Act 1993 . |
|
6. A person who is placed, or who is being
considered for placement, in an unpaid capacity in an organisation that is
funded by the Disability Services Commission under Part 4 or 4A of the
Disability Services Act 1993 . |
(10) In the case of a
person referred to in an item of the table to subclause (9), the
exception in that subclause extends to any other person who has employed,
placed or appointed the person or is considering the person for employment,
placement or appointment.
(11) In the case of a
person referred to in —
(a) item
5, 11, 12, 14 or 15 of the table to subclause (1); or
(b)
item 1, 2, 6 to 10, 12, 13, 15 or 17 of the table to subclause (3);
or
(c)
item 1 of the table to subclause (5); or
(d)
item 1 of the table to subclause (7); or
(e)
item 1 or 5 of the table to subclause (9),
the exception in
the relevant subclause extends to any other person who is or may become the
principal of that person for the purposes of section 20.
[Clause 1 inserted in Gazette
26 Jun 1992 p. 2716; amended by Act No. 104 of 1994
s. 236; No. 78 of 1995 s. 124; No. 27 of 1996 s. 96;
No. 43 of 1999 s. 20; No. 47 of 1999 s. 38; No. 48 of
2003 s. 62 (as amended by No. 78 of 2003 s. 35(13));
No. 50 of 2003 s. 29(3); No. 78 of 2003 s. 74(2);
No. 59 of 2004 s. 141; No. 41 of 2006 s. 96; No. 65
of 2006 s. 70; No. 4 of 2008 s. 82; No. 8 of 2008 s. 19;
No. 42 of 2009 s. 23; amended in Gazette 27 Feb 1998
p. 1035; 9 Oct 1998 p. 5594; 2 Jun 2000
p. 2667; 28 Jul 2000 p. 4013; 17 Aug 2001
p. 4346; 1 Feb 2002 p. 517; 26 Nov 2004
p. 5312-13; 31 May 2005 p. 2414-19; 24 Oct 2006
p. 4491-2; 18 Aug 2009 p. 3239; 29 Jan 2010
p. 197-9.]
2 .
Exceptions as to spent convictions for certain
offences in order to protect children
(1) The persons
specified in the first column of the table to this subclause are excepted from
the provisions of Part 3 specified in the second column in respect of a
spent conviction for an offence referred to in subclause (2), as
qualified by subclause (3).
Table
|
Person excepted |
Provisions of |
|---|---|
|
[1-3. deleted] | |
|
4. A person being considered for any form of
employment normally carried out wholly or partly within the precincts of a
care centre, pre-school centre or place where a child care service is
conducted or carried on. |
Section 18 and |
|
[5. deleted] | |
|
6. A person being considered for participation in
the safety house scheme organised by the Safety House Association of Western
Australia Incorporated. |
Division 4 |
|
7. A person applying under section 38(1) of
the Adoption Act 1994 to be assessed for suitability for adoptive
parenthood. |
Division 4 |
|
8. A person who is employed or who is being
considered for employment in the Department of Sport and Recreation. |
Sections 18 and 20 and Division 4 |
|
9. A person who is employed, or who is being
considered for employment, in the Department of Housing and Works. |
Sections 18 and 20 and Division 4 |
(2) The offences for
the purposes of subclause (1) are —
(a)
offences under the following provisions of The Criminal Code —
(i)
Chapter XXII (offences against morality);
(ii)
Chapter XXVIII (homicide, suicide, concealment of birth);
(iii)
Chapter XXIX (offences endangering life or health);
(iv)
Chapter XXX (assaults);
(v)
Chapter XXXI (sexual offences);
(vi)
Chapter XXXIII (offences against liberty);
(vii)
Section 343 (child stealing);
(viii)
Section 344 (desertion of children);
and
(b) an
offence against the law of a foreign country that corresponds to an offence
referred to in paragraph (a); and
(c) an
offence against the law of a jurisdiction named in Schedule 2 that
corresponds to an offence referred to in paragraph (a).
(3) Except for an
offence that comes within subclause (2)(a)(i) or (v), an offence is not
one to which that subclause applies unless the person in respect of whom the
offence was committed was under 18 years of age when the offence was
committed.
(4) In the case
of a person referred to in an item of the table to subclause (1), the
exception in that subclause extends to any other person who —
(a) is
considering the person for employment or has employed the person; or
(b) is
considering the person for participation in a scheme,
whichever is relevant
for the purposes of the item.
(5) In the case of a
person referred to in item 8 of the table to subclause (1), the
exception in that subclause extends to any other person who is or may become
the principal of that person for the purposes of section 20.
(6) The persons
specified in the table to this subclause are excepted from the provisions of
sections 27 and 28 in respect of all spent convictions.
Table
|
1. A person in respect of whom section 34 of
the Working with Children (Criminal Record Checking) Act 2004 applies. |
|
2. A person making, or giving effect to, a request
for a criminal record check as defined in section 4 of the Working with
Children (Criminal Record Checking) Act 2004 . |
(7) The CEO as defined
in the Working with Children (Criminal Record Checking) Act 2004
section 4 is excepted from the provisions of section 28(1) in
respect of all spent convictions in disclosing information under
section 37(2) of that Act if the disclosure is to a corresponding
authority as defined in section 37(1) of that Act and that authority is a
person prescribed under section 28(2).
[Clause 2 inserted in Gazette
26 Jun 1992 p. 2716-17; amended by Act No. 9 of 1994
s. 145; No. 10 of 1998 s. 65(2); No. 36 of 1999
s. 247; No. 7 of 2010 s. 28; amended in Gazette
30 Dec 2003 p. 5727; 26 Nov 2004 p. 5313;
31 May 2005 p. 2420; 24 Oct 2006 p. 4492.]
[ 3. Deleted in Gazette 24 Oct 2006
p. 4492.]