Working with Children (Criminal Record Checking) Amendment Regulations 2023 (WA)

30 June 2023 GOVERNMENT GAZETTE, WA 2073

CN302

Working with Children (Criminal Record Checking) Act 2004

Working with Children (Criminal Record Checking) Amendment Regulations 2023

SL 2023/101

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Working with Children (Criminal

Record Checking) Amendment Regulations 2023.

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 1 July 2023.

2074 GOVERNMENT GAZETTE, WA 30 June 2023

3.            Regulations amended

These regulations amend the Working with Children (Criminal
Record Checking) Regulations 2005.

4.            Regulation 1 amended

In regulation 1 delete "(Criminal Record Checking)" and insert:

(Screening)

5.            Regulation 3 amended

(1) In regulation 3 insert in alphabetical order:

Australian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Commonwealth)

section 7;
Parliamentary Commissioner means the Parliamentary
Commissioner for Administrative Investigations
appointed under the Parliamentary Commissioner
Act 1971;

Teacher Registration Board the Teacher Registration Act 2012 section 86.

means the Teacher

(2)	In regulation 3 in the definition of section delete "Act." and insert:
Act;

6.            Regulation 3A amended

In regulation 3A delete "section 4 of the Act -" and insert:

section 4

7.           Regulations 4 to 7 replaced

Delete regulations 4 to 7 and insert:

313.          Conduct review authorities (s. 4)

The following are prescribed for the purposes of the definition of conduct review authority in section 4

(a)	the Parliamentary Commissioner;
(b)	the Teacher Registration Board.

30 June 2023 GOVERNMENT GAZETTE, WA 2075

3C.	Conduct review findings or outcomes - Parliamentary Commissioner Act 1971 (s. 4)
(1)	In this regulation employee, of a relevant entity, has the meaning given in the PC Act section 191); head of a relevant entity has the meaning given in the PC Act section 19E; PC Act means the Parliamentary Commissioner Act 1971;
reportable conduct has the meaning given in the reportable conviction has the meaning given in the PC Act section 19H but does not include a conviction for an offence referred to in section 19G(1)(d).
(2)	The following are prescribed for the purposes of the definition of conduct review finding or outcome in section 4

(a)	a finding by the head of a relevant entity under the PC Act section 19W(3)(a) of reportable conduct in relation to an employee of the relevant entity;
(b)	a finding by the Parliamentary Commissioner

(i)     under the PC Act section 1 9ZB(4)(a)(i), that the Parliamentary Commissioner is of the opinion that an employee of a

relevant entity has engaged in reportable
conduct; or

(ii)     under the PC Act section 1 9ZB(4)(b)(i), that an employee of a relevant entity has

a reportable conviction.

3D.	Conduct review findings or outcomes - Teacher Registration Act 2012 (s. 4)
(1)	In this regulation registration means registration under the TR Act Part 3; SAT means the State Administrative Tribunal; TR Act means the Teacher Registration Act 2012.
(2)	The following are prescribed for the purposes of the definition of conduct review finding or outcome in section 4

(a) the suspension by a disciplinary committee of the registration of a teacher under the TR Act section 70(1)(d);

2076 GOVERNMENT GAZETTE, WA 30 June 2023

(b)	the suspension by the Teacher Registration Board of the registration of a teacher under the TR Act section 80(2)(b);
(c)	the suspension by SAT of the registration of a teacher under

(i)     the TR Act section 70(1)(d), as applied by section 84(1)(b)(i) of that Act; or

(ii)     the TR Act section 84(2)(b);

(d)	the disqualification by SAT of a person from applying for registration as a teacher under the TR Act section 84(1)(a)(ii);
(e)	the cancellation by SAT of the registration of a teacher under the TR Act section 84(1 )(b)(ii) or (2)(e).

3E.	Corresponding laws (s. 4)
The following laws are prescribed for the purposes of the definition of corresponding law in section 4

(a) Working with Vulnerable People

the Capital Territory);

(b)	the Child Protection (Working with Children) Act 2012 (New South Wales);
(c)	the Care and Protection of Children Act 2007 (Northern Territory);
(d)	the Working with Children (Risk Management and Screening) Act 2000 (Queensland);
(e)	the Child Safety (Prohibited Persons) Act 2016 (South Australia);
(f)	the Registration to Work with Vulnerable

People Act 2013 (Tasmania);

(g) the Worker Screening Act 2020 (Victoria).

3F.	Australian Crime Commission is criminal records agency (s. 4)
The Australian Crime Commission is prescribed for the purposes of the definition of criminal records agency in section 4.
4.	Exemptions to child-related work (s. 6(3) and (4))
(1)	For the purposes of section 6(3), section 6(1) applies to work that is carried out on a voluntary basis by a child if

(a)	a negative notice or interim negative notice has been issued to the child; and
(b)	the notice is current.

30 June 2023 GOVERNMENT GAZETTE, WA 2077

(2)	Subject to subregulations (3) and (4), the work described in Schedule 1 is prescribed for the purposes of section 6(4) as work to which section 6(1) does not apply.
(3)	Subregulation (2) does not apply to the work described in Schedule 1 Division 1 that is carried out on a voluntary basis by a person who is a parent of a child if

(a)	a negative notice or interim negative notice has been issued to the person; and
(b)	the notice is current.

(4) Subregulation (2) does not apply to the work described in Schedule 1 clause 13 that is carried out by a student who is a child if—

(a)	a negative notice or interim negative notice has been issued to the child; and
(b)	the notice is current.

5.            Class 1 offences and Class 2 offences (s. 7)

(1)	For the purposes of section 7(1)(b), an offence against a provision listed in Schedule 2 is a Class 1 offence if the offence complies with any condition specified in
that Schedule for that offence.
(2)	For the purposes of section 7(2)(b), an offence against a provision listed in Schedule 3 is a Class 2 offence if the offence complies with any condition specified in
that Schedule for that offence.
(3)	For the purposes of Schedules 2 and 3, this subregulation applies to an offence if—

(a)	the victim of the offence is a child who has
reached 14 years of age; and
(b)	the age difference between the victim and the offender does not exceed 5 years.

6.            Designated conduct review authorities (s. 17A(1))

(1)	This regulation has effect for the purposes of the definition of designated conduct review authority in section 17A(1).
(2)	The Parliamentary Commissioner is the designated conduct review authority in relation to a conduct review finding or outcome referred to in regulation 3C(2).
(3)	The Teacher Registration Board is the designated conduct review authority in relation to a conduct review finding or outcome referred to in
regulation 31)(2).

2078 GOVERNMENT GAZETTE, WA 30 June 2023

7. Public authorities that are authorised entities
(s. 34F(1))

The following public authorities are prescribed for the purposes of the definition of authorised entity in section 34F(1)

(a) the departments of the Public Service
principally assisting in the administration of the
following Acts

(i) the Child Care Services Act 2007;

(ii)     the Children and Community Services Act 2004;

(iii)     the Education and Care Services National Law (WA) Act 2012;

(iv)     the Motor Vehicle Drivers Instructors Act 1963;

(v) the Transport (Road Passenger
Services) Act 2018;

(b)	the Australian Health Practitioner Regulation Agency established by the Health Practitioner Regulation National Law (Western Australia) section 23(1);
(c)	the Teacher Registration Board.

7A.	Information that may be disclosed to Australian Crime Commission (s. 34G(2))
(1)	In this regulation condition means a condition specified in the Table to section 12(3).
(2)	The following information relating to a negative notice or an interim negative notice is prescribed for the
purposes of section 34G(2)

(a)	the date of issue and identifying number of the notice;
(b)

whether or not the condition in accordance with criminal record.

7B.	Police information may be disclosed to Australian Crime Commission (s. 341(3))
The Australian Crime Commission is prescribed for the purposes of section 341(3).

30 June 2023 GOVERNMENT GAZETTE, WA 2079

7C.	Information for application for entry warrant (s. 34V(2)(a))
For the purposes of section 34V(2)(a), the following information is prescribed for an application for an entry warrant

(a)	the applicant's full name and official details;
(b)	the place in relation to which the warrant is sought;
(c)	the authorised purpose for which entry to the place is sought;
(d)	the grounds on which the applicant considers that entry to the place is necessary;
(e)	the time period for which the warrant is required;
(f)	knowledge about whether an application for an entry warrant for the same place has been made under section 34V(1) within the previous

a statement to the best of the applicant's was issued.

7D.	Form of entry warrant (s. 34W(3))
For the purposes of section 34W(3), an entry warrant must be in the form set out in Schedule 5.
7E.	Times at which documents are given (s. 451)(3))
(1)	For the purposes of section 451)(3) and unless the contrary is proved, subregulations (2) to (6) prescribe the times at which a document is given if it is given by the method referred to in the relevant subregulation.
(2)	A document given to a person by the method described

in section 451)(2)(a) is taken to have been given
(a)	at the time the document is delivered to the person; or
(b)	if the person refuses to accept that delivery at the time

(i)     the document is placed down in the presence of the person; and

(ii)     the person is told what the document is.

(3)	A document given to a person by the method described in section 451)(2)(b) is taken to have been given at the time the document is left at the person's last known
principal place of residence or ordinary place of business.

2080 GOVERNMENT GAZETTE, WA 30 June 2023

(4)	A document given to a person by the method described in section 451)(2)(c) is taken to have been given at the time the document would have been delivered to the person in the ordinary course of post.
(5)	A document given to a person by the method described in section 451)(2)(d) is taken to have been given at the time the document is sent by email to the email address
specified by the person.
(6)	A document given to a person by a method described in section 451)(2)(e) is taken to have been given at the time agreed to by the person, if a time was agreed to by
the person for giving a document by that method.

8.             Regulation 8 amended

In regulation 8(1), (2), (3A) and (4) delete "Schedule 3" (each occurrence) and insert:

Schedule 4

Note: The heading to amended regulation 8 is to read:

Fees (Sch. 4)

9.             Schedules 2A and 2 replaced

Delete Schedules 2A and 2 and insert:

Schedule 2 Class 1 offences

[r. 5(fl]

Provision Description of offence Condition

Offences under The Criminal Code set out in the Schedule to the Criminal

Code Act 1995 (Commonwealth)

s. 71.2(1)

Murder of a UN or The victim is a child

associated person

s. 71.4(1)

Intentionally causing The victim is a child

serious harm to a UN or
associated person

s. 71.8(1)

Unlawful sexual	The victim is a child and
penetration of a UN or	regulation 5(3) does not
associated person	apply to the offence

s. 71.9(1)

Kidnapping a UN or	The victim is a child and the
associated person	offence is committed by a person other than a relative of the child

s. 72.3(1)

Intentionally deliver,	The victim, or intended
place, discharge or	victim, is a child

detonate a device

30 June 2023 GOVERNMENT GAZETTE, WA 2081

Provision	Description of offence	Condition
Terrorist acts	The offence causes serious physical harm to a child or causes a child's death
Murder of an Australian	The victim is a child
citizen or a resident of
Australia
Intentionally causing	The victim is a child
serious harm to an Australian citizen or a resident of Australia
s.268.3	Genocide by killing	At least 1 of the victims is a child
s. 268.4(1)	Genocide by causing	At least 1 of the victims is a
serious bodily or mental	child
harm
s. 268.5(1)	Genocide by deliberately	At least 1 of the victims is a
inflicting conditions of	child
life calculated to bring about physical destruction
s.268.6	Genocide by imposing	At least 1 of the victims is a
measures intended to	child
prevent births
s. 268.7(1)	Genocide by forcibly transferring children
s.268.8	Crime against	At least 1 of the victims is a
humanity murder	child
s. 268.9(1)	Crime against	At least 1 of the victims is a
humanity	child
extermination
s.268.13	Crime against	At least 1 of the victims is a
humanity torture	child

s. 268.14(1)	Crime against	The victim is a child
or (2)	humanity rape
s. 268.15(1)	Crime against	The victim is a child
humanity sexual slavery
s. 268.16(1)	Crime against	At least 1 of the victims is a
humanity enforced	child
prostitution
s. 268.17(1)	Crime against	At least 1 of the victims is a
humanity forced	child
pregnancy
s. 268.18(1)	Crime against	At least 1 of the victims is a
humanity enforced	child
sterilisation

2082 GOVERNMENT GAZETTE, WA 30 June 2023

Provision	Description of offence	Condition
s. 268.19(1)	Crime against	At least 1 of the victims is a
humanity sexual	child
violence
s.268.23	Crime against	At least 1 of the victims is a
humanity other	child
inhumane act

s. 268.24(1)	War crime	wilful	At least 1 of the victims is a
killing	child
s. 268.25(1)	War crime	torture	At least 1 of the victims is a child
s. 268.47(1)	War crime	mutilation	At least 1 of the victims is a
causing death	child
s. 268.47(2)	War crime	mutilation	At least 1 of the victims is a child
s. 268.48(1)	War crime	medical or	At least 1 of the victims is a

scientific experiment	child
causing death

s. 268.48(2)	War crime medical or	At least 1 of the victims is a
scientific experiments	child
s. 268.49(1)	War crime	At least 1 of the victims is a
treacherously killing	child
s.268.55	At least 1 of the victims is a
War crime employing
poison or poisoned	child
weapons
s.268.56	War crime employing	At least 1 of the victims is a
prohibited gases, liquids,	child
materials or devices
s. 268.59(1)	War crime rape	The victim is a child
or (2)
s. 268.60(1)	War crime sexual	The victim is a child

slavery

s. 268.61(1)	War crime enforced	At least 1 of the victims is a
prostitution	child
s. 268.62(1)	War crime forced	At least 1 of the victims is a
pregnancy	child
s. 268.63(1)	War crime enforced	At least 1 of the victims is a
sterilisation	child
s. 268.64(1)	War crime sexual	At least 1 of the victims is a
violence	child
s. 268.70(1)	War crime murder	At least 1 of the victims is a child
s. 268.71(1)	War crime mutilation	At least 1 of the victims is a
causing death	child
s. 268.7 1(2)	War crime mutilation	At least 1 of the victims is a child
30 June 2023	GOVERNMENT GAZETTE, WA	2083

Provision Description of offence Condition

s. 268.73(1) War crime torture At least 1 of the victims is a
child

s. 268.76(2)	War crime execution	At least 1 of the victims is a
without due process	child
s. 268.82(1)	War crime rape	The victim is a child
or (2)
s. 268.83(1)	War crime sexual	The victim is a child
slavery
s. 268.84(1)	War crime enforced	At least 1 of the victims is a
prostitution	child
s. 268.85(1)	War crime forced	At least 1 of the victims is a
pregnancy	child
s. 268.86(1)	War crime enforced	At least 1 of the victims is a
sterilisation	child
s. 268.87(1)	War crime sexual	At least 1 of the victims is a
violence	child
s. 268.90(1)	War crime	At least 1 of the victims is a
treacherously killing	child
s. 268.92(1)	War crime mutilation	At least 1 of the victims is a
causing death	child
s. 268.92(2)	War crime mutilation	At least 1 of the victims is a child
s. 268.93(1)	War crime medical or	At least 1 of the victims is a
scientific experiment	child
causing death
s. 268.93(2)	War crime medical or	At least 1 of the victims is a
scientific experiments	child
s. 268.96(1)	War crime removal of	At least 1 of the victims is a
blood, tissue or organs for	child

transplantation

s. 271.4(1) or (2)

Trafficking in children

s.271.7

Domestic trafficking in
children

s. 271.7B(1)

Organ trafficking entry The victim is a child

or (2)

into and exit from
Australia

s. 271.7C(1)

Organ trafficking The victim is a child

aggravated offence

s. 271.713

Domestic organ The victim is a child

trafficking

s. 271.7E(1)

Domestic organ The victim is a child

trafficking aggravated
offence

s. 272.8(1)

Sexual intercourse with	Regulation 5(3) does not
child outside Australia	apply to the offence

2084 GOVERNMENT GAZETTE, WA 30 June 2023

Provision	Description of offence	Condition
s.272.8(2)	Causing child to engage	Regulation 5(3) does not
in sexual intercourse in	apply to the offence
presence of offender outside Australia
s. 272.9(1) or (2)	Sexual activity (other	Regulation 5(3) does not
than sexual intercourse)	apply to the offence
with child outside Australia
s. 272.10(1)	Aggravated offence sexual intercourse or other sexual activity with
child outside Australia
s. 272.11(1)	Persistent sexual abuse of	Regulation 5(3) does not
child outside Australia	apply to the offence
s. 272.12(1)	Sexual intercourse with
or (2)	young person outside Australia offender in position of trust or authority
s. 272.13(1)	Sexual activity (other
or (2)	than sexual intercourse) with young person outside Australia offender in position of trust or authority
s. 272.14(1)	Procuring child to engage	Regulation 5(3) does not
in sexual activity outside	apply to the offence
Australia
s. 272.15(1)	"Grooming" child to engage in sexual activity outside Australia
s. 272.15A(1)	"Grooming" person to

make it easier to engage

in sexual activity with a
child outside Australia

s. 272.18(1)	Benefiting from offence against Division 272
s. 272.19(1)	Encouraging offence against Division 272
s. 272.20(1)	Preparing for or planning
or (2)	offence against Division 272
s.273.5	Possessing, controlling,
(repealed)	producing, distributing or obtaining child pornography material outside Australia

30 June 2023 GOVERNMENT GAZETTE, WA 2085

Provision	Description of offence	Condition
s. 273.6(1)	Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
s. 273.7(1)	Aggravated offence offence against s. 273.6 involving conduct on 3 or more occasions and 2 or more people
s. 273A.1	Possession of child-like sex dolls etc
s. 274.2(1) or (2)	Torture	The victim is a child
s. 471.16(1)	Using a postal or similar
or (2) (repealed)	service for child pornography material
s.471.17	Possessing, controlling,
(repealed)	producing, supplying or obtaining child pornography material for use through a postal or similar service
s. 471.19(1)	Using a postal or similar
or (2)	service for child abuse material
s. 471.20(1)	Possessing, controlling, producing, supplying or obtaining child abuse
material for use through a postal or similar service
s. 471.22(1)	Aggravated offence offence against s. 471.19 or 471.20 involving

conduct on 3 or more

occasions and 2 or more
people

s. 471.24(1), (2)

Using a postal or similar

or (3)

service to procure children under 16

s. 471.25(1), (2)

Using a postal or similar

or (3)

service to "groom"
children under 16

s. 471.25A(1),

Using a postal or similar

(2)or(3)

service to "groom"
another person to make it
easier to procure children
under 16

s. 471.26(1)

Using a postal or similar	Regulation 5(3) does not
service to send indecent	apply to the offence

material to child under 16

2086 GOVERNMENT GAZETTE, WA 30 June 2023

Provision	Description of offence	Condition
s.474.19	Using a carriage service
(repealed)	for child pornography material
s.474.20 (repealed)	Possessing, controlling,
producing, supplying or obtaining child pornography material for use through a carriage service
s. 474.22(1)	Using a carriage service for child abuse material
s. 474.22A(1)	Possessing or controlling	Regulation 5(3) does not
child abuse material	apply to the offence
obtained or accessed using a carriage service
s. 474.23(1)	Possessing, controlling, producing, supplying or obtaining child abuse
material for use through a carriage service
s. 474.23A(1)	Conduct for the purposes of electronic service used for child abuse material
s. 474.24A(1)	Aggravated offence offence against s. 474.22, 474.22A or 474.23 involving conduct on 3 or more occasions and 2 or more people
s. 474.25A(1)	Engaging in sexual	Regulation 5(3) does not
activity with child under	apply to the offence
16 using a carriage

service

s. 474.25A(2)	Causing child under 16 to engage in sexual activity using a carriage service
s. 474.25B(1)	Aggravated offence using a carriage service for sexual activity with child under 16
s. 474.25C	Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, children under 16

s. 474.26(1), (2) Using a carriage service

or (3) to procure children
under 16

30 June 2023 GOVERNMENT GAZETTE, WA 2087

Provision	Description of offence	Condition
s. 474.27(1), (2)	Using a carriage service
or (3)	to "groom" children under 16
s. 474.27AA(1),	Using a carriage service
(2)or(3)	to "groom" another person to make it easier to procure children under 16
s. 474.27A(1)	Using a carriage service	Regulation 5(3) does not
to transmit indecent	apply to the offence
communication to child under 16

Offences under the Crimes Act 1914 (Commonwealth)

s. 50BA	Sexual intercourse with	Regulation 5(3) does not
(repealed)	child under 16	apply to the offence
s. 501313	Inducing child under 16	Regulation 5(3) does not
(repealed)	to engage in sexual	apply to the offence
intercourse
s. 5OBC	Sexual conduct involving	Regulation 5(3) does not
(repealed)	child under 16	apply to the offence
s. 501313	Inducing child under 16	Regulation 5(3) does not
(repealed)	to be involved in sexual	apply to the offence
conduct
s. 50DA (repealed)	Benefiting from offence
against Part lIlA
s. 50DB	Encouraging offence
(repealed)	against Part lIlA

Offences under the Crimes (Internationally Protected Persons) Act 1976

(Commonwealth)

s.8(1) Murder of an
internationally protected The victim is a child

person

s.8(1) Kidnapping of an The victim is a child and the

internationally protected offence is committed by a

person person other than a relative of
the child

Offences under the Customs Act 1901 (Commonwealth)

s. 233BAB(5)	Special offence relating to The offence involves goods
or (6)	tier 2 goods that are items of child pornography or child abuse material

2088 GOVERNMENT GAZETTE, WA 30 June 2023

Schedule 3 Class 2 offences

[r. 5(2)]

Provision Description of offence Condition

Offences under The Criminal Code set out in the Schedule to the Criminal

Code Act 1995 (Commonwealth)

s. 71.2(1)	Murder of a UN or	The victim is not a child
associated person
s. 71.3(1)	Manslaughter of a UN or associated person
s. 71.4(1)	Intentionally causing serious	The victim is not a child
harm to a UN or associated person
s. 71.5(1)	Recklessly causing serious harm to a UN or associated person
s. 71.8(1)	Unlawful sexual penetration	The victim is not a child,
of a UN or associated person	or the victim is a child and regulation 5(3) applies to the offence
s. 71.9(1)	Kidnapping a UN or	The victim is not a child,
associated person	or the victim is a child and the offence is committed by a person who is a relative of the child
s. 72.3(1)	Intentionally deliver, place,	The victim, or intended
discharge or detonate a	victim, is not a child
device
s.73.1(1) s. 73.2(1)	People smuggling
Aggravated offence of people smuggling (danger of death or serious harm)
s. 73.3(1)	Aggravated offence of
people smuggling (at least
5 people)
s. 73.3A(l)	Supporting the offence of people smuggling

s. 80.1(1) or (2) Treason

S. 101.1(1)	Terrorist acts	None of the victims is a child, or a victim is a child but the offence does not cause serious physical harm to the child or cause the child's death
S. 115.1(1)	Murder of an Australian	The victim is not a child
citizen or a resident of Australia
30 June 2023	GOVERNMENT GAZETTE, WA	2089

Provision	Description of offence	Condition
s. 115.2(1)	Manslaughter of an Australian citizen or a resident of Australia
s. 115.3(1)	Intentionally causing serious	The victim is not a child
harm to an Australian citizen or a resident of Australia
5. 115.4(1)	Recklessly causing serious harm to an Australian citizen or a resident of Australia
s.268.3	Genocide by killing	None of the victims is a child
s. 268.4(1)	Genocide by causing serious	None of the victims is a
bodily or mental harm	child
s. 268.5(1)	Genocide by deliberately	None of the victims is a
inflicting conditions of life	child
calculated to bring about physical destruction
s.268.6	Genocide by imposing	None of the victims is a
measures intended to	child
prevent births
s.268.8	Crime against humanity	None of the victims is a
murder	child
s. 268.9(1)	Crime against humanity	None of the victims is a
extermination	child
s. 268.10(1)	Crime against humanity enslavement
s. 268.11(1)	Crime against humanity deportation or forcible transfer of population

s. 268.12(1)

Crime against humanity
imprisonment or other
severe deprivation of
physical liberty

s.268.13

Crime against humanity	None of the victims is a
torture	child

s. 268.14(1)

Crime against humanity The victim is not a child

or (2)

rape

s.268.15(1)

Crime against humanity— The victim is not a child

sexual slavery

s. 268.16(1)

Crime against humanity	None of the victims is a
enforced prostitution	child

s. 268.17(1)

Crime against humanity	None of the victims is a
forced pregnancy	child

s. 268.18(1)

Crime against humanity	None of the victims is a
enforced sterilisation	child

2090 GOVERNMENT GAZETTE, WA 30 June 2023

Provision	Description of offence	Condition
s. 268.19(1)	Crime against humanity	None of the victims is a
sexual violence	child
s. 268.20(1)	Crime against humanity persecution
s. 268.21(1) or (2)	Crime against humanity
enforced disappearance of persons
s.268.22	Crime against humanity apartheid
s.268.23	Crime against humanity	None of the victims is a
other inhumane act	child
s. 268.24(1)	War crime	wilful killing None of the victims is a

child

s. 268.25(1)	War crime torture	None of the victims is a child
s. 268.26(1)	War crime inhumane treatment
s. 268.27(1)	War crime	biological
experiments
s. 268.28(1)	War crime	wilfully

causing great suffering

s. 268.38(1) War crime excessive

incidental death or injury

s. 268.40(1) War crime killing a

person who is hors de

combat

s. 268.47(1)	War crime mutilation	None of the victims is a
causing death	child
s. 268.47(2)	War crime mutilation	None of the victims is a

child

s. 268.48(1)	War crime medical or	None of the victims is a
scientific experiment causing death	child
s. 268.48(2)	War crime medical or	None of the victims is a
scientific experiments	child

s. 268.49(1)

War crime treacherously None of the victims is a

killing child

s. 268.55

War crime employing None of the victims is a

poison or poisoned weapons child

s.268.56

War crime employing	None of the victims is a
prohibited gases, liquids, materials or devices	child

s. 268.59(1)

War crime rape The victim is not a child

or (2)

s. 268.60(1)

War crime sexual slavery The victim is not a child

30 June 2023 GOVERNMENT GAZETTE, WA 2091

Provision	Description of offence	Condition
s. 268.61(l)	War crime enforced	None of the victims is a
prostitution	child

s. 268.62(1)	War crime	forced	None of the victims is a
pregnancy	child
s. 268.63(1)	War crime	enforced	None of the victims is a
sterilisation	child
s. 268.64(1)	War crime	sexual	None of the victims is a
violence	child

s. 268.70(1)	War crime — murder	None of the victims is a child
s. 268.71(1)	War crime — mutilation	None of the victims is a
causing death	child

s. 268.7 1(2)	War crime	mutilation	None of the victims is a child
s. 268.73(1)	War crime	torture	None of the victims is a child

s. 268.76(2)	War crime execution	None of the victims is a
without due process	child

s. 268.82(1)	War crime	rape	The victim is not a child
or (2)
s. 268.83(1)	War crime	sexual slavery	The victim is not a child

s. 268.84(1)	War crime enforced	None of the victims is a
prostitution	child

s. 268.85(1)	War crime	forced	None of the victims is a
pregnancy	child

s. 268.86(1)	War crime enforced	None of the victims is a
sterilisation	child
s. 268.87(1)	War crime sexual	None of the victims is a
violence	child

s. 268.90(1)	War crime	treacherously	None of the victims is a
killing	child
s. 268.92(1)	War crime	mutilation	None of the victims is a
causing death	child

s. 268.92(2) War crime mutilation None of the victims is a
child

s. 268.93(1) War crime medical or None of the victims is a

scientific experiment	child
causing death

s. 268.93(2)	War crime medical or	None of the victims is a
scientific experiments	child
s. 268.96(1)	War crime removal of	None of the victims is a
blood, tissue or organs for	child
transplantation
s.268.100	War crime apartheid

2092 GOVERNMENT GAZETTE, WA 30 June 2023

Provision	Description of offence	Condition
s. 270.3(1) or (2)	Slavery
s. 270.5(1)	Causing a person to enter into or remain in servitude
s.270.5(2)	Conducting a business involving servitude
s. 270.6A(1)	Causing a person to enter into or remain in forced labour
s. 270.6A(2)	Conducting a business involving forced labour
s.270.7	Deceptive recruiting for labour or services
s. 270.7B(l)	Forced marriage
or (2)
s. 270.7C	Debt bondage
s. 271.2(1),	Trafficking in persons
(1A), (1B), (1C),
(2), (2A), (2B)
or (2C)
s. 271.3(1)	Trafficking in persons aggravated offence
s. 271.5(1), (2),	Domestic trafficking in
(2A) or (2B)	persons
s. 271.6(1)	Domestic trafficking in persons aggravated offence
s. 271.7B(1)	Organ trafficking entry	The victim is not a child
or (2)	into and exit from Australia
s. 271.7C(1)	Organ trafficking	The victim is not a child

aggravated offence

s. 271.713	Domestic organ trafficking	The victim is not a child
s. 271.7E(1)	Domestic organ	The victim is not a child
trafficking aggravated offence
s. 272.8(1)	Sexual intercourse with	Regulation 5(3) applies to
child outside Australia	the offence
s.272.8(2)	Causing child to engage in	Regulation 5(3) applies to
sexual intercourse in	the offence
presence of offender outside Australia
s. 272.9(1) or (2)	Sexual activity (other than	Regulation 5(3) applies to
sexual intercourse) with	the offence
child outside Australia
s. 272.11(1)	Persistent sexual abuse of	Regulation 5(3) applies to
child outside Australia	the offence
30 June 2023	GOVERNMENT GAZETTE, WA	2093

Provision Description of offence Condition

s. 272.14(1)	Procuring child to engage in Regulation 5(3) applies to
sexual activity outside Australia the offence
s. 273B.4(1)	Failing to protect child at risk of child sexual abuse
s. 274.2(1) or (2) Torture	The victim is not a child
s. 309.2(1)	Supplying controlled drug to child
s. 309.3(1)	Supplying marketable quantity of controlled drug to child for trafficking
s. 309.4(1)	Supplying controlled drug to child for trafficking
s. 309.7(1)	Procuring child for trafficking marketable quantity of controlled drug
s. 309.8(1)	Procuring child for trafficking controlled drug
s. 309.10(1)	Procuring child for pre-trafficking marketable quantity of controlled precursor
s.309.11(1)	Procuring child for pre-trafficking controlled precursor
s. 309.12(1)	Procuring child for importing or exporting marketable quantity of border controlled drug or border controlled plant

s. 309.13(1)	Procuring child for
importing or exporting
border controlled drug or border controlled plant
s. 309.14(1)	Procuring child for importing or exporting marketable quantity of border controlled precursor
s. 309.15(1)	Procuring child for importing or exporting border controlled precursor
s.310.2(l)	Causing danger to child under 14 from exposure to unlawful manufacturing
s. 310.3(l)	Causing harm to child under 14 from exposure to unlawful manufacturing

2094 GOVERNMENT GAZETTE, WA 30 June 2023

Provision	Description of offence	Condition
s.310.4(2)	Aggravated offences
and (3)	manufacturing controlled drugs and controlled precursors
s. 471.26(1)	Using a postal or similar	Regulation 5(3) applies to
service to send indecent	the offence
material to child under 16
s. 474.17A(1)	Aggravated offences	At least 1 of the victims is
or (4)	involving private sexual	a child
material using a carriage service to menace, harass or cause offence
s. 474.22A(1)	Possessing or controlling	Regulation 5(3) applies to
child abuse material	the offence
obtained or accessed using a carriage service
s. 474.25A(1)	Engaging in sexual activity	Regulation 5(3) applies to
with child under 16 using a	the offence
carriage service
s. 474.27A(1)	Using a carriage service to	Regulation 5(3) applies to
transmit indecent	the offence
communication to child under 16
s. 474.29A(1)	Using a carriage service for
or (2)	suicide related material
s. 474.29B(1)	Possessing, controlling, producing, supplying or obtaining suicide related material for use through a
carriage service

Offences under the Crimes Act 1914 (Commonwealth)

s. 50BA	Sexual intercourse with	Regulation 5(3) applies to
(repealed)	child under 16	the offence

s. 50BB	Inducing child under 16 to Regulation 5(3) applies to
(repealed)	engage in sexual intercourse the offence
s. 50BC	Sexual conduct involving Regulation 5(3) applies to
(repealed)	child under 16 the offence
s. 50BD	Inducing child under 16 to Regulation 5(3) applies to
(repealed)	be involved in sexual the offence
conduct

Offences under the Crimes (Internationally Protected Persons) Act 1976

(Commonwealth)

S. 8(1) Murder of an internationally The victim is not a child
protected person

30 June 2023 GOVERNMENT GAZETTE, WA 2095

Provision	Description of offence	Condition
s.8(1)	Kidnapping of an	The victim is not a child,
internationally protected person	or the victim is a child and
the offence is committed by a person who is a relative of the child

s. 8(2)(a) or (b) Attacking an internationally

protected person

10.           Schedule 3 heading amended

In the heading to Schedule 3 delete "Schedule 3 -" and insert:

Schedule 4 -

11.           Schedule 5 inserted

After the last Schedule insert:

Schedule 5— Entry warrant

[r. 7D]

Working with Children (Screening) Act 2004

Entry warrant

To	All authorised officers under the Working with Children (Screening) Act 2004.
Application	The applicant has applied under the Working with Children (Screening) Act 2004 s. 34V to me, a magistrate, for a warrant authorising the entry of a place

for an authorised purpose.

Applicant's	Full name
details	and office title
Authorised purpose for which entry is
required
Suspected
contravention(s)
of Act (if	Provision(s)
applicable)
Warrant	This warrant authorises the place described below to be entered.
Place to be entered

2096 GOVERNMENT GAZETTE, WA 30 June 2023

Execution	This warrant must be executed within	day(s) after
period	the date it is issued.
Issuing details	Name of magistrate

Date Time

Magistrate's	Issued by me on the above date and at the above time.
signature
Magistrate
Execution	Start Date: Time:
details	End Date: Time:
Occupier present? Yes/No
Entry audiovisually recorded? Yes/No
Authorised
officer(s)
executing this	Name
warrant

K. COLLERAN, Clerk of the Executive Council.