Western Australian Consolidated Acts

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WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 - SECT 9B

9B .         Education provider not to procure employment for certain students in child-related employment

        (1)         An education provider must not, for the purpose of enabling a student to complete the syllabus for a course conducted by the provider, procure employment for the student in child-related employment if —

            (a)         the education provider —

                  (i)         is aware of a Class 1 offence or a Class 2 offence of which the student has been convicted; or

                  (ii)         is aware that the student has a pending charge in respect of a Class 1 offence or a Class 2 offence;

                and

            (b)         the student does not have a current assessment notice and has not made an application for an assessment notice that is pending.

        Penalty: a fine of $60 000.

        (2)         An education provider must not, for the purpose of enabling a student to complete the syllabus for a course conducted by the provider, procure employment for the student in child-related employment if the education provider is aware that a negative notice or an interim negative notice has been issued to the student and is current.

        Penalty: a fine of $60 000.

        (3)         An education provider must not, for the purpose of enabling a student to complete the syllabus for a course conducted by the provider, procure child-related employment for the student in connection with a child care service if the student does not have a current assessment notice and has not made an application for an assessment notice that is pending.

        Penalty: a fine of $12 000.

        (4)         An education provider must not, for the purpose of enabling a student to complete the syllabus for a course conducted by the provider, procure child-related employment for the student if the education provider is aware that the student has withdrawn an application for an assessment notice.

        Penalty: a fine of $12 000.

        (5)         An education provider must not, for the purpose of enabling a student to complete the syllabus for a course conducted by the provider, procure child-related employment for the student with a person (an  employer ) if —

            (a)         the student has previously been employed by the employer in child-related employment for the purpose of enabling the student to complete the syllabus for that course for more than 5 days in a calendar year; and

            (b)         the student does not have a current assessment notice and has not made an application for an assessment notice that is pending.

        Penalty: a fine of $12 000.

        (6)         Subsection (5) does not apply in relation to the procurement of child-related employment for a student if subsection (1), (2), (3) or (4) applies in relation to that procurement of employment.

        (7)         A person charged with an offence under this section may be convicted of another offence under this section if that offence is established by the evidence.

        [Section 9B inserted by No. 7 of 2010 s. 5.]



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