Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
another jurisdiction means a jurisdiction other
than Western Australia (including jurisdictions outside Australia);
approved means approved by the CEO;
assessment notice means a written notice issued by
the CEO under section 12(1)(a);
CEO means the chief executive officer of the
Department;
charge means a non-conviction charge or a pending
charge;
child means a person who is under 18 years of
age;
child care service has the meaning given in the
Child Care Services Act 2007 section 3;
child-related business means child-related work
carried out by an individual for gain or reward otherwise than in the course
of child-related employment;
child-related employment means —
(a)
child-related work carried out by an individual under a contract of employment
or training contract (whether written or unwritten); or
(b)
child-related work carried out on a voluntary basis by an individual under an
agreement (whether written or unwritten) with another person; or
(c)
child-related work carried out by an individual as a minister of religion or
in any other capacity for the purposes of a religious organisation; or
(d)
child-related work carried out by a student with another person that may or
must be undertaken as part of the student’s course of study;
child-related work has the meaning given to that
term in section 6;
Class 1 offence has the meaning given to that term
in section 7(1);
Class 2 offence has the meaning given to that term
in section 7(2);
Class 3 offence means an offence that is not a
Class 1 offence or a Class 2 offence;
Commissioner means the person holding or acting in
the office of Commissioner of Police under the Police Act 1892 ;
contact includes —
(a) any
form of physical contact; and
(b) any
form of oral communication, whether face to face, by telephone or otherwise;
and
(c) any
form of electronic communication,
but does not include contact in the normal course
of duties between an employer and an employee or between employees of the same
employer;
conviction has the meaning given to that term in
section 8;
criminal record , in relation to a person,
means —
(a)
every conviction of the person of an offence, in Western Australia or another
jurisdiction; and
(b)
every charge made against the person for an offence, in Western Australia or
another jurisdiction;
criminal record check means the procedures set out
in section 34 to enable the CEO to determine whether a person has a
criminal record and, if so, to obtain details of that criminal record;
Department means the department of the Public
Service principally assisting the Minister in the administration of
this Act;
education provider means —
(a) a
university established or continued under an Act of this State, the
Commonwealth, another State or a Territory; or
(b) the
university company as defined in the Bond University Act 1987
(Queensland) section 2; or
(c) a
college or other vocational and training institution as defined in the
Vocational Education and Training Act 1996 section 5(1); or
(d) a
school specified under the Vocational Education and Training Act 1996
section 6(1); or
(e) an
authorised non-university institution, a recognised Australian university or a
recognised overseas university as defined in the Higher Education
Act 2004 section 3; or
(f) any
other provider of an educational or vocational course prescribed by the
regulations for the purposes of this paragraph;
educational institution for children includes any
school as defined in the School Education Act 1999 but does not
include —
(a) an
educational institution that is recognised or established as a university
under a written law; or
(b) an
educational institution prescribed by the regulations for the purposes of this
paragraph,
even if that university or institution has a
student who has not reached 18 years of age;
interim negative notice means a written notice
issued by the CEO under section 13;
negative notice means a written notice issued by
the CEO under section 12(1)(b);
non-conviction charge means a charge of an offence
that has been disposed of by a court otherwise than by way of a conviction;
officer of the Department means a person employed
in, or engaged by, the Department whether as a public service officer under
the Public Sector Management Act 1994 , under a contract for services or
otherwise;
parent , of a child, means a person —
(a) who
is the father, mother, stepfather or stepmother of the child; or
(b) who
at law has responsibility for —
(i)
the long-term care, welfare and development of the child;
or
(ii)
the day to day care, welfare and development of the
child;
or
(c) who
is in a de facto relationship with a person referred to in paragraph (a)
or (b); or
(d) who
is specified as the child’s prospective adoptive parent under the
Adoption Act 1994 section 20(b);
pending charge means a charge of an offence that
has not yet been disposed of by a court;
relative , in relation to a child,
means —
(a) the
child’s —
(i)
parent, grandparent or other ancestor;
(ii)
sibling;
(iii)
uncle or aunt;
(iv)
cousin;
(v)
spouse or de facto partner,
whether the
relationship is established by, or traced through, consanguinity, marriage, a
de facto relationship, a written law or a natural relationship; or
(b) in
the case of a child who is a descendant of Aboriginal people of
Australia — a person regarded under the customary law or tradition
of the child’s community as the equivalent of a person mentioned in
paragraph (a); or
(c) in
the case of a child who is a descendant of the indigenous inhabitants of the
Torres Strait Islands — a person regarded under the customary law
or tradition of the Torres Strait Islands as the equivalent of a person
mentioned in paragraph (a);
specified , in relation to a notice, means
specified in the notice;
student means a person who —
(a) is
undertaking an educational or vocational course of study with an education
provider; and
(b) may
or must undertake child-related work as part of that course;
work includes practical training undertaken as
part of an educational or vocational course.
[Section 4 amended by No. 19 of 2007
s. 71; No. 7 of 2010 s. 4.]