Spent Convictions (Act Amendment) Regulations 2005 (WA)
31 May 2005 GOVERNMENT GAZETTE, WA 2413 JUSTICE
JU30 1*
Spent Convictions Act 1988
Spent Convictions (Act Amendment)
Regulations 2005
Legislation Information Tables for 2004, Table 1, p. 418-19.]
Made by the Governor in Executive Council.
1. Citation
These regulations are the Spent Convictions (Act Amendment)
Regulations 2005.2. Spent Convictions Act 1988 Schedule 3 amended
The amendments in these regulations are to the Spent
Convictions Act 1988* Schedule 3.[* Reprinted as at 1 September 2000. For amendments to 11 May 2005 see Western Australian
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3. Clause 1 amended
(1) The table to clause 1(1) is amended as follows:
(a) in items 3 and 4 by inserting after "person" - 46
appointed as or ";
(b) by inserting after item 4 -
4A. A person appointed, or being Section 18
considered for appointment, by the
Commissioner of Police acting as an Division 4
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.and
(c) in item 6 by inserting after "person" - employed or ".
(2) Clause 1(2) is amended by deleting paragraphs (a) and (b) and
"or" after paragraph (a) and inserting instead -
"
(a)
has appointed, employed, seconded or engaged the person or is considering the person for appointment, employment, secondment or engagement;
(b)
has issued a permit to the person or is considering issuing a permit to the person;
(c)
is considering granting or issuing a licence to the person; or
(d) has authorised the person or is considering the
person for authorisation,
(3) After clause 1(2) the following subclauses are inserted -
44
(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.
31 May 2005 GOVERNMENT GAZETTE, WA 2415
3. 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 anA person who is a member of the governing 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. 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.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. 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.
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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.
being considered for appointment, as a member
of the Board established under section 7 of theA person who has been appointed, or who is 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.
(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 or placed the person or is considering the person for employment, appointment or placement;
(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;
(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
31 May 2005 2417 GOVERNMENT GAZETTE, WA
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 3A person who is employed, or who Sections 18 is being considered for and 20 and employment, by the Director Division 4 General of the Department for Community Development 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.
A person - Sections 18
(a) who is placed, or who is being and 20 and considered for placement, as a Division 4 student or trainee; or (b) being considered for
who is engaged, or who is capacity, in the Department for Community Development 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.
A person who is a member, or who Sections 18 is being considered for and 20 and membership, of a committee or Division 4 other body advising the Minister for
Community Development or the
Director General of the Department
for Community Development 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.
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Person excepted Provisions
of Part 3
4. A person who has been engaged, or Sections 18
who is being considered forand 20 and engagement, either for reward or in Division 4 an unpaid capacity by the
Department for Community
Development to provide overnight
care for a child or children, whether
in the person's home or otherwise.5.
A person applying for a licence or Sections 18 permit to provide a child care and 20 and service under the Community Division 4 Services Act 1972
6.
A person applying under Division 4 Adoption section 38(1) of the suitability for adoptive parenthood.
(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;
(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
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;
(b) Hospitals and Health Services Act 1927; (c) Mental Health Act 1996; or (d) Alcohol and Drug Authority Act 1974.
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.
31 May 2005 GOVERNMENT GAZETTE, WA 2419 (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.
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.
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.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 or 12 of the table to subclause (1); (b)
item 1, 2, 6 to 10, 12, 13, 15 or 17 of the table to subclause (3);
(c) item 1 of the table to subclause (5); (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.
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4. Clause 2 amended
(1) The table to clause 2(1) is amended as follows:
(a) by deleting items 1, 2 and 3; (b) in item 4 by deleting "school,"; (c) by deleting item 5; (d) in item 8 by deleting "by" and inserting instead
44 •
in .
(2) Clause 2(4) is amended by deleting paragraphs (a) to (d) and
"or" after paragraph (c) and inserting instead
44
(a)
is considering the person for employment or has employed the person; or
(b)
is considering the person for participation in a scheme,
(3) After clause 2(4) the following subclauses are inserted
44
(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.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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