Working with Children (Criminal Record Checking) Amendment Regulations (No. 3) 2006 (WA)

1 December 2006 GOVERNMENT GAZETTE, WA 5297

CX301*

Working with Children (Criminal Record Checking) Act 2004

Working with Children (Criminal Record

28 February and 1 March 2006.]

Checking) Amendment Regulations (No. 3) 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Working with Children (Criminal
Record Checking) Amendment Regulations (No. 3) 2006.

2.            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.

For amendments to 24 October 2006 see Gazette

5298 GOVERNMENT GAZETTE, WA 1 December 2006

3.           Regulation hA inserted

After regulation lithe following regulation is inserted in
Division 1 -

hA. Effect of withdrawal of certain applications

(1) In subregulation (2)—

"application" means -

(a)

an application by a person for an assessment application by a notice given under section 16(3) or 17(3); or

(b)

a notice by a person under section 29(2) application for an assessment notice; or

(c) an application for an assessment notice by a person that is made in accordance with an approval given under regulation 11(1).

(2) Despite this Part, if an application is withdrawn under

section 11(1) and the applicant -

(a) carries on a child-related business, then for the purposes of section 57(1), section 24(b) applies to the person from when the application is

withdrawn; or

(b) for the purposes of section 58(2), 59(2)

is employed in child-related employment, then person from when the application is withdrawn.

4.            Regulation 21 amended

(1) After regulation 21(2) the following subregulation is inserted -

44

(2a) 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 of a type referred to in the Children
and Community Services Act 2004 section 198(1)(c)

and who -

(a)	carried on a service of that type immediately before the commencement of the Children and Community Services Act 2004 section 250 but did not hold a licence or permit issued under the Community Services Act 1972 section 17B relating to the service; and
(b)	immediately before 1 January 2007 does not hold a licence issued under the Children and Community Services Act 2004 Part 8 relating to

the service,

I December 2006 GOVERNMENT GAZETTE, WA 5299

from the day that is on or after 1 January 2007 on
which a licence relating to the service is issued to the

person under that Part.

(2) Regulation 2 1(3) is amended as follows:

(a) in paragraph (b) by deleting "2 years after the day on

which the copy was given to the licensee;" and inserting

instead -

"

the day that -

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

(ii)     is 2 years after the day on which the copy was given to the licensee;

or

,,.

(b) in paragraph (c) by deleting "the day on which the term

of the licence of the licensee expires;" and inserting

instead -

"

the day that -

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

(ii)     is the day on which the term of the licence of the licensee expires;

or

(c) by deleting subparagraph (d)(iv) and inserting instead

44

(iv) is the day on which the term of the

licence of the licensee expires;

or

',.

(d) in paragraph (e) by deleting "the day on which the term	of the licence of the licensee expires; or" and inserting instead -
44

the day that -

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

(ii)     is the day on which the term of the licence of the licensee expires;

or

(e) by deleting the full stop at the end of paragraph (f) and

inserting instead -

44

or

5300 GOVERNMENT GAZETTE, WA 1 December 2006

(g) in the case of a person who is employed by a

person who carries on a child-related business
referred to in section 6(1)(a)(i) in connection
with a child care service of a type referred to in
the Children and Community Services Act 2004
section 198(1)(c) (the "employer"), if the
employer -

(i)     carried on a service of that type immediately before the commencement of the Children and Community Services Act 2004 section 250 but did not hold a licence or permit issued under the Community Services Act 1972 section 17B relating to the service; and

(ii) not hold a licence issued under the

immediately before 1 January 2007 does Act 2004 Part 8 relating to the service,

the day that is on or after 1 January 2007 on
which a licence relating to the service is issued

to the employer under that Part.

(f) after paragraph (a) by inserting -

44

or ,,

5.            Schedule 1 amended

(1) After Schedule 1 Division 1 clause 8 the following clause is
inserted -

33

8a.	Baby sitting or child minding service (s. 6(1)(a)(xiv))
Work -

(a)	a baby sitting or child minding service; and
referred to in section 6(1 )(a)(xiv) in connection with
(b)	carried out on a voluntary basis by a parent of a child, to whom the service is being provided, in connection with an activity in which the child is participating, or ordinarily participates.

(2) After Schedule 1 Division 2 clause 12 the following clause is

inserted -

12a.	Child-related work carried out by a police officer (s. 6(1)(a)(iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii))
Work referred to in section 6(1 )(a)(iii), (iv), (v), (viii), (x), (xii), (xv), (xvii) or (xviii) carried out by a person appointed under the Police Act 1892 Part Ito be a member of the

1 December 2006 GOVERNMENT GAZETTE, WA 5301

Police Force of Western Australia in the course of performing his or her functions as such a member.

By Command of the Governor,

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