Western Australian Consolidated Acts (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has withdrawn an application for an assessment notice.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.]