Care And Protection Of Children (Screening) Regulations 2010 (NT)
NORTHERN TERRITORY OF AUSTRALIA
CARE AND PROTECTION OF CHILDREN (SCREENING) REGULATIONS 2010
As in force at 23 May 2018
northern territory of australia
As in force at 23 May 2018
CARE AND PROTECTION OF CHILDREN (SCREENING) REGULATIONS 2010
Regulations under the Care and Protection of Children Act 2007
These Regulations may be cited as the
In these Regulations:
For section 185(2)(q) of the Act, child-related work includes any work that involves or may potentially involve contact with children in connection with any of the following services or activities:
(a) sports coaching or sports lessons for children;
(b) accommodation services for children in private residential premises.
1 Swimming lessons. 2 Billeting foreign exchange students.
For section 186(c)(iii) of the Act, the limit is 30 days (whether or not consecutive) in a 12 month period.
For section 186(d) of the Act, an individual is exempt if:
(a) the individual is engaged:
(i) to provide child minding services but does not provide the services as part of a commercial enterprise; or
(ii) as an emergency carer under a placement arrangement made under section 77 of the Act; or
(iii) to provide or assist with provision of equipment, catering services or a venue in connection with entertainment or party services provided or arranged for children, but in doing so will have no contact with children; or
(iv) as a member of the Police Force or the Australian Federal Police; and
(b) the individual is not otherwise engaged in child-related employment.
(1) A clearance application for a candidate who is at least 18 years of age must be accompanied by identification documents in relation to the candidate that:
(a) have a total value of at least 100 points; and
(b) include at least one primary document.
(2) A clearance application for a candidate who is less than 18 years of age must be accompanied by one of the following:
(a) a document specified in Schedule 2, item 1, in relation to the candidate;
(b) an original statutory declaration confirming the candidate’s identity that:
(i) is in the approved form; and
(ii) states the candidate’s date of birth, full name and any other known names; and
(iii) has a photograph of the candidate attached; and
(iv) is made no more than 3 months before the date of the clearance application by a parent of the candidate or a person who has known the candidate for at least 12 months.
(3) Despite subregulations (1) and (2), the Authority may accept a clearance application that is not accompanied by the documents mentioned in those subregulations if it considers it appropriate to do so.
(4) An identification document has the value specified in Schedule 2 opposite the description of the document.
(5) In this regulation:
identification document means:(a) a primary document; or
(b) a document specified in Schedule 2, item 3 or 4.
primary document means a document specified in Schedule 2, item 1 or 2.
(1) For section 189(1) of the Act, each disqualifying offence is prescribed.
(2) A
disqualifying offence is:(a) an offence against a provision of an Act or Act of the Commonwealth specified in Schedule 3, subject to any qualification relating to the provision specified opposite the provision; or
(b) an offence of counselling or procuring the commission of an offence mentioned in paragraph (a); or
(c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a); or
(d) an offence that has, as an element, intention to commit an offence mentioned in paragraph (a); or
(e) an offence committed before the commencement of a provision of an Act or Act of the Commonwealth mentioned in paragraph (a) that would, if committed after that commencement, have constituted an offence mentioned in paragraph (a); or
(f) an offence under a law of a State, other Territory or foreign country that, if it had been committed in the Territory, would have constituted an offence mentioned in paragraphs (a) to (e).
8 Change of circumstances For section 193(1) of the Act, each of the following changes in the circumstances of an individual holding a clearance notice are prescribed:
(a) the individual is charged with a disqualifying offence;
(b) the individual attends a court proceeding in relation to a disqualifying offence for which the individual has been charged;
(c) the individual is convicted of a disqualifying offence.
9 Issue of replacement clearance notice (1) This regulation applies if a clearance notice is damaged, destroyed or lost.
(2) The Authority may issue a replacement clearance notice on application by the individual to whom the clearance notice was issued.
(3) The application must be made while the clearance notice is in force and must be:
(a) in the approved form; and
(b) if the clearance notice is damaged – accompanied by the clearance notice.
10 Fees (1) A person who makes an application specified in Schedule 4 must pay the fee specified opposite the application.
(2) The Authority may, wholly or partly, waive or refund a fee payable or paid under these Regulations if it considers it appropriate to do so.
A member of the Authority is appointed for 5 years and is eligible for re-appointment.
A member of the Authority vacates his or her office if:
(a) the member resigns the office in writing given to the Minister; or
(b) the appointment of the member is terminated by the Minister; or
(c) the member dies.
(1) The Authority must meet as often as is necessary for the exercise of its powers and the performance of its functions.
(2) If the Authority has more than one member, at a meeting of the Authority:
(a) 2 members constitute a quorum; and
(b) the members present must elect a member to preside at the meeting; and
(c) a question arising must be decided by a majority of the votes of the members present and voting and, in the event of an equality of votes, the member presiding at the meeting has a casting vote.
(3) The Authority must keep proper minutes of its proceedings and decisions.
(4) Subject to the Act and this Part, the Authority may decide its own procedures.
(1) The Authority may delegate to a person any of its powers or functions.
(2) However, the Authority may do so only if satisfied the person has the appropriate qualifications or experience.
(3) A delegation under subregulation (1) must be in writing signed by:
(a) if the Authority has only one member – the member; or
(b) otherwise – 2 members.
15 Disclosure of interest (1) A member of the Authority who has a direct or indirect interest in a matter to be considered by the Authority must disclose the interest to the Authority.
(2) The disclosure must be recorded in the Authority’s minutes.
(3) The member:
(a) must not take part in any deliberation or decision of the Authority about the matter; and
(b) must be disregarded for the purposes of constituting the quorum of the Authority for the deliberation or decision.
(4) The Authority may decide subregulation (3) does not apply to the matter.
(5) However, the decision mentioned in subregulation (4) must be deliberated and voted on in the absence of the member.
regulation 6(4) and (5)
1 | The original or a copy of: | |
| ||
| 70 | |
| 70 | |
| 40 | |
| 40 | |
| 40 | |
| ||
| 70 | |
| 70 | |
2 | An original statutory declaration confirming the candidate’s identity that:
| 40 |
3 | The original or a copy of any of the following documents that are in force: | |
| 40 | |
| 40 | |
| 25 | |
| 25 | |
| 25 | |
| 25 | |
4 | The original or a copy of any of the following documents that specify the candidate’s name and current residential address and were issued no more than 3 months before the date of the clearance application: | |
| 25 | |
| 25 | |
| 25 |
regulation 7(2)(a)
Sections 125E, 127 and 128 | |
Section 130 | If the victim is a child |
Section 131A | |
Sections 134, 156, 192 and 192B | If the victim is a child |
Section 194 | If the person kidnapped is a child |
Sections 195 and 202B | If the victim is a child |
Section 202C | If the business involves the sexual servitude of a child |
Section 202D | If the victim is a child |
Section 5B(1) | |
Sections 268.8 to 268.68 and 268.70 to 268.101 | |
Section 270.6(1) | If the victim is a child |
Section 270.6(2) | If the business involves the sexual servitude of a child |
Section 270.7 | If the victim is a child |
Sections 271.4, 271.7, 272.8 to 272.14, 272.19, 273.5, 273.6, 309.2 to 309.4, 309.7, 309.8, 309.10 to 309.15, 471.16, 471.17, 471.19, 471.20, 471.24, 474.19, 474.20, 474.22, 474.23, 474.25A, 474.25B and 474.26 | |
Section 233BAB | If the tier 2 goods were items of child pornography or child abuse material |
regulation 10(1)
1 | Application for a clearance notice: | |
| 6 | |
| 60 | |
2 | Application under regulation 9(1) for a replacement clearance notice: | |
| 6 | |
| 24 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 1 September 2010 |
Commenced | 1 September 2010 |
Assent date | 2 June 2014 |
Commenced | s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) |
Assent date | 8 June 2016 |
Commenced | s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 ( |
Notified | 29 June 2017 |
Commenced | 1 July 2017 (r 2) |
Notified | 23 May 2018 |
Commenced | 23 May 2018 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 2 amd No. 13, 2018, r 4
r 4 amd No. 13, 2018, r 5
r 5 amd No. 13, 2018, r 6
r 6 amd No. 13, 2018, r 7
sch 1 amd Act No. 19, 2014, s 26
rep No. 13, 2018, r 8
sch 2 amd Act No. 19, 2014, s 26; No. 13, 2018, r 9
sch 3 amd Act No. 17, 2016, s 46
sch 4 amd No. 16, 2017, r 4
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