Working with Children (Criminal Record Checking) Amendment Regulations 2006 (WA)

28 February 2006 GOVERNMENT GAZETTE, WA 907

COMMUNITY DEVELOPMENT

CX3O1*

Working with Children (Criminal Record Checking) Act 2004

Working with Children (Criminal Record Checking) Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Working with Children (Criminal
Record Checking) Amendment Regulations 2006.

2.            Commencement

These regulations come into operation on the day on which the Children and Community Services Act 2004 section 250 comes into operation.

3.            The regulations amended

The amendments in these regulations are to the Working with
Children (Criminal Record Checking) Regulations 2005*.

Published in Gazette 21 December 2005, p. 6189-214.]

4.            Regulation 10 amended

(1) Regulation 10(1) is amended by deleting "and (3)," and
inserting instead -

or

(3) and (3a), ".

(2) Regulation 10(3) is amended by deleting "If" and inserting
instead -

Subject to subregulation (3a), if ".

(3)	After regulation 10(3) the following subregulation is inserted -
"
(3a) If a provision of the Act would, but for this regulation,

apply to, or in relation to a person, from 2 or more
different days and those days are provided under
regulations 16 and 22 then the provision is to apply to,

or in relation to, the person -

(a) from the day that applies under regulation 22;

908 GOVERNMENT GAZETTE, WA 28 lchiu:iry 2006

(b) from the day that is earliest in time, if the

person has more than one child-related job.

5.            Regulation 11 amended

Regulation 11(1) is amended as follows:

(a)	by deleting "or" after paragraph (a);
(b)	by inserting after paragraph (a) -

46

(aa) if the applicant for the notice is a person

carrying out child-related business specified in

regulation 21(2), 4 months;

(ab) if the applicant for the notice is a person who is

employed in child-related employment
specified in regulation 21(3), 4 months; or

6.            Regulation 19 amended

After regulation 19(3)(b) the following paragraph is inserted -

"

(ba) referred to in section 6(1 )(a)(vii) in connection with the performance by an officer, as defined in the Children and Community Services

Act 2004 section 3, of a function given to the officer under that Act;

7. Regulations 21 and 22 inserted
After regulation 20 the following regulations are inserted -

21.          Work in connection with a child care service

(s. 57(1), 60(2) and 61)

(1)	For the purpose of section 57(1), section 24(b) applies to a person who starts to carry on a child-related business referred to in section 6(1)(a)(i) in connection with a child care service on or after 1 January 2007, from when the person starts to carry on the business.
(2)	For the purpose of section 57(1), section 24(b) applies to a person who carries on a child-related business referred to in section 6(1)(a)(i) in connection with a child care service before 1 January 2007 and who -

(a) immediately before the commencement of the

Children and Community Services Act 2004 section 250 was the holder of a licence or a permit issued under the Community Services

Act 1972 section 1713; or

28 February 2006 GOVERNMENT GAZETTE, WA 909

(b) holds a licence, or is a managerial officer in

relation to a body corporate that holds a licence,
under the Children and Community Services

Act 2004 Part 8,

from the day on which the term of the licence or permit
expires.

(3) Sections 22(4) and 24(a) do not apply in relation to a person who is employed in child-related employment referred to in section 6(1)(a)(i) in connection with a

child care service before 1 January 2007 until -

(a) in the case of a person who has produced, or

given, to a licensee or permit holder -

(i)     a current criminal record check for the person under the Community Services (Child Care) Regulations 1988

regulation 37A(1); or

(ii) check for the person under the
Community Services (Outside School

a copy of a current criminal record regulation 42(1),

the day that -

(iii)     is on or after 1 January 2007; and

(iv)     is 2 years after the day on which a check or copy was produced, or given, to the licensee or permit holder;

(b) in the case of a person who has before

1 January 2007 given a licensee a copy of a
current criminal record check under the
Children and Community Services (Early

Childhood Care) Regulations 2006

regulation 28(1) or the Children and

Community Services (Outside School Hours

Care) Regulations 2006 regulation 27(1),
2 years after the day on which the copy was
given to the licensee;

(c) in the case of a person who is the subject of a criminal record check provided by a licensee under the Children and Community Services (Early Childhood Care) Regulations 2006

regulation 11 (3) or 12(3) or (4), the day on
which the term of the licence of the licensee

expires;

(d) in the case of a person who -

(i) is the subject of a criminal record check

provided by a licensee under the
Children and Community Services

910 GOVERNMENT GAZETTE, WA 28 lchiu:iry 2006

(Early Childhood Family Day Care)
Regulations 2006 regulation 1 1(3)(a); or

(ii)     is to be taken to have been appointed to act in place of the licensee with the approval of the CEO under the Children and Community Services (Early Childhood Family Day Care) Regulations 2006 regulation 11(7),

the day that -

(iii)      is on or after 1 January 2007; and

(iv)     is 2 years after the day on which a check or copy was produced, or given, to the licensee or permit holder;

(e)	in the case of a person who is the subject of a criminal record check provided by a licensee under the Children and Community Services (Outside School Hours Care) Regulations 2006
regulation 12(3) or 13(3) or (4), the day on which the term of the licence of the licensee expires; or
(f)	in the case of a person who -

(i)	provided by a licensee under the Children and Community Services	is the subject of a criminal record check Regulations 2006 regulation 12(3)(a); or
(ii)	is to be taken to have been appointed to act in place of the licensee with the approval of the CEO under the Children and Community Services (School Age Family Day Care) Regulations 2006 regulation 12(7),

the day that is on or after 1 January 2007 on

which the term of a licence of the licensee
expires.

(4) Sections 22(4) and 24(a) do not apply in relation to a

person who starts to be employed in child-related
employment referred to in section 6(1)(a)(i) in
connection with a child care service on or after
1 January 2007, until the person starts to be so

employed.

22.	Work in connection with a placement arrangement under the Children and Community Services Act 2004 (s. 57(1) and 60(2))
(1)	For the purpose of section 57(1), section 24(b) applies to a person who carries on a child-related business referred to in section 6(1 )(a)(vi) in connection with a

28 February 2006 GOVERNMENT GAZETTE, WA 911

placement arrangement under the Children and

Community Services Act 2004 -

(a)	from 1 January 2008, if the person starts to carry on the business before 1 January 2007; or
(b)	from when the person starts to carry on the business, if the person starts to carry on the business on or after 1 January 2007.

(2) For the purpose of section 60(2), sections 22(6) and

24(b) apply in relation to a person who is being
employed in child-related employment referred to in
section 6(1 )(a)(vi) in connection with a placement
arrangement under the Children and Community

Services Act 2004 -

(a)

from 1 January 2008, if the person starts to be 1 January 2007; or

(b) from when the person starts to be employed in the employment, if the person starts to be so employed on or after 1 January 2007.

8.            Schedule 1 amended

(1) Schedule 1 is amended by inserting before clause I the

following clause -

la.	Child care services (s. 6(1)(a)(i)
Work -

(a)	referred to in section 6(1 )(a)(i) in connection with a child care service; and
(b)	carried out on a voluntary basis by a parent of a child—
(1) to whom the service is being provided; or
(ii) who is enrolled for, or otherwise ordinarily

is provided with, the service.

(2) Schedule I is amended by deleting item 13 and inserting instead

the following item -

13. Community kindergartens, educational institutions,
coaching or private tuition services and overnight camps
(s. 6(1)(a)(ii), (iii), (iv) and (xv))

Work -

(a) referred to in section 6(1 )(a)(ii), (iii) or (iv) in
connection with -

(i)      a community kindergarten registered under the School Education Act 1999 Part 5;

(ii)      an educational institution for children; or

912 GOVERNMENT GAZETTE, WA 28 February 2006

(iii) a coaching or private tuition service;

or

(b) referred to in section 6(1)(a)(xv) in connection with

an overnight camp arranged by a kindergarten, educational institution or service referred to in paragraph (a),

and carried out by a person who is a member of the Western
Australian College of Teaching established under the

Western Australian College of Teaching Act 2004.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.