Working with Children (Criminal Record Checking) Amendment Regulations 2007 (WA)

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7 December 2007 GOVERNMENT GAZETTE, WA 5977
CX301*
Working with Children (Criminal Record Checking) Act 2004

Working with Children (Criminal Record Checking) Amendment Regulations 2007
Made by the Governor in Executive Council.
1. Citation

These regulations are the Working with Children (Criminal
Record Checking) Amendment Regulations 2007.
2. Commencement
These regulations come into operation as follows:

(a)

regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.

and Community Services Act 2004;

3. The regulations amended

The amendments in these regulations are to the Working with
Children (Criminal Record Checking) Regulations 2005.
4. Regulation 7 amended
Regulation 7(a) is deleted and the following paragraph is inserted instead —
44
(a) the department of the Public Service principally
assisting in the administration of the Children

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GOVERNMENT GAZETTE, WA

7 December 2007

5. Regulation 13 amended

(1) Regulation 13(1) is amended by deleting "subregulation (3)"
and inserting instead -

subregulations (3) and (5) ".

(2) Regulation 13(3) is amended as follows:

(a) by deleting paragraphs (a), (b), (c), (d), (e), (f) and (i);
(b) after paragraph (h) by deleting "; or" and inserting a full stop;
(c) after paragraph (g) by inserting -
46 or "

(3) After regulation 13(3) the following subregulations are
inserted -
"
(4) For the purposes of section 60(2), sections 22(6) and
24(a) apply in relation to a continuing employee being
employed in child-related employment specified in
subregulation (5) from 1 January 2009.

(5) Subregulations (1) and (4) apply in relation to
child-related employment -

(a)

referred to in section 6(1 )(a)(iv) in connection with a coaching or private tuition service; or

(b)

referred to in section 6(1 )(a)(v) in connection with an arrangement for the accommodation or care of children, whether in a residential facility or private residence; or

(c)

referred to in section 6(1 )(a)(xi) in connection with a religious organisation; or

(d) (including of a cultural, recreational or sporting
with a club, association or movement referred to in section 6(1)(a)(xii) in connection
nature and whether incorporated or not) with a
significant membership or involvement of
children; or

(e)

referred to in section 6(1 )(a)(xiv) in connection with a babysitting or childminding service; or
(0 referred to in section 6(1 )(a)(xv) in connection
with an overnight camp; or
(g) referred to in section 6(1)(a)(xviii) in
connection with a children's entertainment or
party service.

7 December 2007 GOVERNMENT GAZETTE, WA 5979
6. Regulation 19 amended

(I) Regulation 19(1) is amended by deleting "subregulation (3)"
and inserting instead -

subregulations (3), (5) and (7) ".

(2) Regulation 19(3) is amended as follows:

(a) by deleting paragraphs (ba), (c), (d) and (e) and "or" after paragraph (e);
(b) after each of paragraphs (a) and (b) by inserting -
46 or

(3) After regulation 19(3) the following subregulations are

inserted -
IE
(4) For the purposes of section 60(2), sections 22(6)
and 24(a) apply in relation to a continuing employee
being employed in child-related employment specified
in subregulation (5) from 1 January 2009.

(5) Subregulations (1) and (4) apply in relation to
child-related employment -

(a)

referred to in section 6(1 )(a)(viii) in connection with a detention centre, as defined in the Young Offenders Act 1994 section 3; or

(b)

referred to in section 6(1 )(a)(ix) in connection with a community child health service; or

(c)

referred to in section 6(1 )(a)(x) in connection with a counselling or other support service.

(6) For the purposes of section 60(2), sections 22(6)
and 24(a) apply in relation to a continuing employee
being employed in child-related employment specified
in subregulation (7) from 1 January 2010.

(7) Subregulations (1) and (6) apply in relation to

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

child-related employment referred to in given to the officer under that Act.
Regulation 21 amended
After regulation 2 1(4) the following subregulation is inserted -

(5)

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, in the
case of a person who has not been the subject of a
criminal record check before 1 January 2007 under the

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GOVERNMENT GAZETTE, WA

7 December 2007

Community Services Act 1972 or the Children and Community Services Act 2004, the day that is on or after 1 January 2009.
8. Schedule 1 amended

(1) After Schedule 1 Division 1 clause 2 the following clause is
inserted
44

2a. Coaching or private tuition services in connection with
clubs, associations or movements (s. 6(1)(a)(iv))
Work —

(a)

referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service; and

(b)

carried out in connection with a club, association or movement (including of a cultural, recreational or sporting nature and whether incorporated or not) with a significant membership or involvement of children; and

(c)

carried out on a voluntary basis by a parent of a child who is involved, or is ordinarily involved in some, or all, of the activities of the club, association or movement.

(2) Schedule 1 Division 2 clause 12a is amended by deleting
"section 6(1)(a)(iii)," and inserting instead
44

section 6(1)(a)(i), (iii), ".

By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.

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Working with Children (Criminal Record Checking) Amendment Regulations 2007 (WA)

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These regulations are the Working with Children (Criminal Record Checking) Amendment Regulations 2007.
2.	Commencement These regulations come into operation as follows:

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

(a)	by deleting paragraphs (a), (b), (c), (d), (e), (f) and (i);
(b)	after paragraph (h) by deleting "; or" and inserting a full stop;
(c)	after paragraph (g) by inserting -

(a)	referred to in section 6(1 )(a)(iv) in connection with a coaching or private tuition service; or
(b)	referred to in section 6(1 )(a)(v) in connection with an arrangement for the accommodation or care of children, whether in a residential facility or private residence; or
(c)	referred to in section 6(1 )(a)(xi) in connection with a religious organisation; or

(d)	(including of a cultural, recreational or sporting
with a club, association or movement referred to in section 6(1)(a)(xii) in connection
nature and whether incorporated or not) with a significant membership or involvement of children; or
(e)	referred to in section 6(1 )(a)(xiv) in connection with a babysitting or childminding service; or
(0	referred to in section 6(1 )(a)(xv) in connection with an overnight camp; or

(a)	by deleting paragraphs (ba), (c), (d) and (e) and "or" after paragraph (e);
(b)	after each of paragraphs (a) and (b) by inserting -

(a)	referred to in section 6(1 )(a)(viii) in connection with a detention centre, as defined in the Young Offenders Act 1994 section 3; or
(b)	referred to in section 6(1 )(a)(ix) in connection with a community child health service; or
(c)	referred to in section 6(1 )(a)(x) in connection with a counselling or other support service.

(5)	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, in the case of a person who has not been the subject of a criminal record check before 1 January 2007 under the

(a)	referred to in section 6(1)(a)(iv) in connection with a coaching or private tuition service; and
(b)	carried out in connection with a club, association or movement (including of a cultural, recreational or sporting nature and whether incorporated or not) with a significant membership or involvement of children; and
(c)	carried out on a voluntary basis by a parent of a child who is involved, or is ordinarily involved in some, or all, of the activities of the club, association or movement.