Working with Children (Criminal Record Checking) Amendment Regulations (No. 4) 2006 (WA)

5876 GOVERNMENT GAZETTE, WA 29 December 2006

COMMUNITY DEVELOPMENT

CX301*

Working with Children (Criminal Record Checking)

Act 2004

Working with Children (Criminal Record

Checking) Amendment Regulations (No. 4) 2006

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Working with Children (Criminal
Record Checking) Amendment Regulations (No. 4) 2006.

2.             Commencement

These regulations come into operation on 1 January 2007.

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.

For amendments to 30 November 2006 see Gazette
28 February and 1 March 2006.]

4.             Regulation 3 amended

Regulation 3 is amended by inserting in the appropriate
alphabetical position —
“

“member of the College” has the meaning given to

that term in the Western Australian College of

Teaching Act 2004 section 3(1);

”.

5.             Regulation 11 amended

(1) After regulation 11(1) the following subregulations are
inserted —

“

(1a) Unless otherwise approved, despite
subregulation (1)(b), a person carrying out child-related
work cannot make an application for an assessment
notice sooner than 1 January 2009 if the applicant for
the notice is a person registered as a teacher under the

29 December 2006 GOVERNMENT GAZETTE, WA 5877

Western Australian College of Teaching Act 2004 who —

(a)

carries on a child-related business specified in 1 January 2007; or

(b) is employed in child-related employment specified in regulation 23(3) immediately before 1 January 2007.

(1b) Subregulation (1)(b) does not apply to a person who is
provisionally registered as a teacher, holds a limited
authority to teach or is an associate member of the
College under the Western Australian College of
Teaching Act 2004 carrying out child-related work and
who —

(a)

carries on a child-related business specified in 1 January 2007; or

(b) is employed in child-related employment specified in regulation 23(3) immediately before 1 January 2007.

”.

(2)	Regulation 11(2) is amended by deleting “Subregulation (1) does” and inserting instead —
“ Subregulations (1) and (1a) do ”.

6.             Regulation 23 inserted

After regulation 22 the following regulation is inserted —

“

23.           Members of the Western Australian College of Teaching immediately before 1 January 2007 (s. 57(1) and 60(2))

(1) For the purpose of section 57(1), section 24(b) applies
to a person —

(a)	who is a member of the College immediately before 1 January 2007; and
(b)	who carries on a child-related business specified in subregulation (3),

from —

(c)	the day on which the person ceases to be a member of the College because his or her registration or provisional registration as a teacher, limited authority to teach or associate
membership of the College, as the case may be, under the Western Australian College of Teaching Act 2004 expires; or

(d) 1 January 2011,

whichever is the earlier.

5878 GOVERNMENT GAZETTE, WA 29 December 2006

(2) For the purpose of section 60(2), sections 22(6)
and 24(a) apply in relation to a person —

(a)	who is a member of the College immediately before 1 January 2007; and
(b)	who is employed in child-related employment specified in subregulation (3),

from —

(c) the day on which the person ceases to be a member of the College because his or her registration or provisional registration as a teacher, limited authority to teach or associate membership of the College, as the case may be, under the Western Australian College of Teaching Act 2004 expires; or

(d) 1 January 2011,

whichever is the earlier.

(3) Subregulations (1) and (2) apply in relation to
child-related work —

(a)	referred to in section 6(1)(a)(ii) in connection with a community kindergarten registered under the School Education Act 1999 Part 5; or
(b)	referred to in section 6(1)(a)(iii) in connection with an educational institution for children; or
(c)	with a coaching or private tuition service of any kind, but not including an informal arrangement

referred to in section 6(1)(a)(iv) in connection or

(d) referred to in section 6(1)(a)(xv) in connection with an overnight camp, regardless of the type of accommodation or how many children are

involved, arranged by community kindergarten registered under the School Education Act 1999 Part 5, an educational institution for children or a service referred to in paragraph (c).

”.

7.             Schedule 1 amended

Schedule 1 Division 2 clause 13 is deleted.

By Command of the Governor,

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