{"id":"care-and-protection-of-children-screening-regulations-2010","name":"CARE AND PROTECTION OF CHILDREN (SCREENING) REGULATIONS 2010","slug":"care-and-protection-of-children-screening-regulations-2010","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174400,"registerId":"nt-care-and-protection-of-children-screening-regulations-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CARE AND PROTECTION OF CHILDREN (SCREENING) REGULATIONS 2010","content":"NORTHERN TERRITORY OF AUSTRALIA\nCARE AND PROTECTION OF CHILDREN (SCREENING)\nREGULATIONS 2010\nAs in force at 25 March 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\nPart 2 Matters relating to child-related\nemployment\n3 Child-related work ............................................................................ 1\n4 Limitation on work by non-resident volunteers................................. 2\n5 Exempt individuals ........................................................................... 2\nPart 3 Clearance notices\n6 Proof of identity for clearance application ........................................ 2\n7 Disqualifying offences ...................................................................... 3\n8 Change of circumstances ................................................................ 4\n9 Issue of replacement clearance notice ............................................ 4\n10 Fees ................................................................................................ 5\nPart 4 Screening Authority\n11 Term of appointment ....................................................................... 5\n12 Vacation of office ............................................................................. 5\n13 Meetings .......................................................................................... 5\n14 Delegation ....................................................................................... 6\n15 Disclosure of interest ....................................................................... 6\nSchedule 2 Identification documents\nSchedule 3 Disqualifying offences\nSchedule 4 Fees\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 March 2024\n____________________\nCARE AND PROTECTION OF CHILDREN (SCREENING)\nREGULATIONS 2010\nRegulations under the Care and Protection of Children Act 2007\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Care and Protection of\nChildren (Screening) Regulations 2010.\n2 Definitions\nIn these Regulations:\ncandidate, for a clearance application, means the individual to\nwhom the application relates.\nclearance application means an application under section 188 of\nthe Act for the issue of a clearance notice.\ndisqualifying offence, see regulation 7(2).\nPart 2 Matters relating to child-related employment\n3 Child-related work\nFor section 185(2)(q) of the Act, child-related work includes any\nwork that involves or may potentially involve contact with children in\nconnection with any of the following services or activities:\n(a) sports coaching or sports lessons for children;\n\nPart 3 Clearance notices\nCare and Protection of Children (Screening) Regulations 2010 2\n(b) accommodation services for children in private residential\npremises.\nExamples for regulation 3\n1 Swimming lessons.\n2 Billeting foreign exchange students.\n4 Limitation on work by non-resident volunteers\nFor section 186(c)(iii) of the Act, the limit is 30 days (whether or not\nconsecutive) in a 12 month period.\n5 Exempt individuals\nFor section 186(d) of the Act, an individual is exempt if:\n(a) the individual is engaged:\n(i) to provide child minding services but does not provide\nthe services as part of a commercial enterprise; or\n(ii) as an emergency carer under a placement arrangement\nmade under section 77 of the Act; or\n(iii) to provide or assist with provision of equipment, catering\nservices or a venue in connection with entertainment or\nparty services provided or arranged for children, but in\ndoing so will have no contact with children; or\n(iv) as a member of the Police Force or the Australian\nFederal Police; and\n(b) the individual is not otherwise engaged in child-related\nemployment.\nPart 3 Clearance notices\n6 Proof of identity for clearance application\n(1) A clearance application for a candidate who is at least 18 years of\nage must be accompanied by identification documents in relation to\nthe candidate that:\n(a) have a total value of at least 100 points; and\n(b) include at least one primary document.\n\nPart 3 Clearance notices\nCare and Protection of Children (Screening) Regulations 2010 3\n(2) A clearance application for a candidate who is less than 18 years of\nage must be accompanied by one of the following:\n(a) a document specified in Schedule 2, item 1, in relation to the\ncandidate;\n(b) an original statutory declaration confirming the candidate's\nidentity that:\n(i) is in the approved form; and\n(ii) states the candidate's date of birth, full name and any\nother known names; and\n(iii) has a photograph of the candidate attached; and\n(iv) is made no more than 3 months before the date of the\nclearance application by a parent of the candidate or a\nperson who has known the candidate for at least\n12 months.\n(3) Despite subregulations (1) and (2), the Authority may accept a\nclearance application that is not accompanied by the documents\nmentioned in those subregulations if it considers it appropriate to do\nso.\n(4) An identification document has the value specified in Schedule 2\nopposite the description of the document.\n(5) In this regulation:\nidentification document means:\n(a) a primary document; or\n(b) a document specified in Schedule 2, item 3 or 4.\nprimary document means a document specified in Schedule 2,\nitem 1 or 2.\n7 Disqualifying offences\n(1) For section 189(1) of the Act, each disqualifying offence is\nprescribed.\n(2) A disqualifying offence is:\n(a) an offence against a provision of an Act or Act of the\nCommonwealth specified in Schedule 3, subject to any\nqualification relating to the provision specified opposite the\nprovision; or\n\nPart 3 Clearance notices\nCare and Protection of Children (Screening) Regulations 2010 4\n(b) an offence of counselling or procuring the commission of an\noffence mentioned in paragraph (a); or\n(c) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence mentioned in paragraph (a); or\n(d) an offence that has, as an element, intention to commit an\noffence mentioned in paragraph (a); or\n(e) an offence committed before the commencement of a\nprovision of an Act or Act of the Commonwealth mentioned in\nparagraph (a) that would, if committed after that\ncommencement, have constituted an offence mentioned in\nparagraph (a); or\n(f) an offence under a law of a State, other Territory or foreign\ncountry that, if it had been committed in the Territory, would\nhave constituted an offence mentioned in paragraphs (a)\nto (e).\n8 Change of circumstances\nFor section 193(1) of the Act, each of the following changes in the\ncircumstances of an individual holding a clearance notice are\nprescribed:\n(a) the individual is charged with a disqualifying offence;\n(b) the individual attends a court proceeding in relation to a\ndisqualifying offence for which the individual has been\ncharged;\n(c) the individual is convicted of a disqualifying offence.\n9 Issue of replacement clearance notice\n(1) This regulation applies if a clearance notice is damaged, destroyed\nor lost.\n(2) The Authority may issue a replacement clearance notice on\napplication by the individual to whom the clearance notice was\nissued.\n(3) The application must be made while the clearance notice is in force\nand must be:\n(a) in the approved form; and\n(b) if the clearance notice is damaged – accompanied by the\nclearance notice.\n\nPart 4 Screening Authority\nCare and Protection of Children (Screening) Regulations 2010 5\n10 Fees\n(1) A person who makes an application specified in Schedule 4 must\npay the fee specified opposite the application.\n(2) The Authority may, wholly or partly, waive or refund a fee payable\nor paid under these Regulations if it considers it appropriate to do\nso.\nPart 4 Screening Authority\n11 Term of appointment\nA member of the Authority is appointed for 5 years and is eligible\nfor re-appointment.\n12 Vacation of office\nA member of the Authority vacates his or her office if:\n(a) the member resigns the office in writing given to the Minister;\nor\n(b) the appointment of the member is terminated by the Minister;\nor\n(c) the member dies.\n13 Meetings\n(1) The Authority must meet as often as is necessary for the exercise\nof its powers and the performance of its functions.\n(2) If the Authority has more than one member, at a meeting of the\nAuthority:\n(a) 2 members constitute a quorum; and\n(b) the members present must elect a member to preside at the\nmeeting; and\n(c) a question arising must be decided by a majority of the votes\nof the members present and voting and, in the event of an\nequality of votes, the member presiding at the meeting has a\ncasting vote.\n(3) The Authority must keep proper minutes of its proceedings and\ndecisions.\n\nPart 4 Screening Authority\nCare and Protection of Children (Screening) Regulations 2010 6\n(4) Subject to the Act and this Part, the Authority may decide its own\nprocedures.\n14 Delegation\n(1) The Authority may delegate to a person any of its powers or\nfunctions.\n(2) However, the Authority may do so only if satisfied the person has\nthe appropriate qualifications or experience.\n(3) A delegation under subregulation (1) must be in writing signed by:\n(a) if the Authority has only one member – the member; or\n(b) otherwise – 2 members.\n15 Disclosure of interest\n(1) A member of the Authority who has a direct or indirect interest in a\nmatter to be considered by the Authority must disclose the interest\nto the Authority.\n(2) The disclosure must be recorded in the Authority's minutes.\n(3) The member:\n(a) must not take part in any deliberation or decision of the\nAuthority about the matter; and\n(b) must be disregarded for the purposes of constituting the\nquorum of the Authority for the deliberation or decision.\n(4) The Authority may decide subregulation (3) does not apply to the\nmatter.\n(5) However, the decision mentioned in subregulation (4) must be\ndeliberated and voted on in the absence of the member.\n\nSchedule 2 Identification documents\nCare and Protection of Children (Screening) Regulations 2010 7\nSchedule 2 Identification documents\nregulation 6(4) and (5)\nItem Document Value\n(Points)\n1 The original or a copy of:\n(a) any of the following documents that are in force and\ncontain a photograph of the candidate:\n(i) an Australian passport or other passport\ncontaining an Australian visa that is in force;\n70\n(ii) another document evidencing entitlement to\nAustralian residency;\n70\n(iii) a licence or permit issued under a law of the\nCommonwealth or a State or Territory that\nspecifies the candidate's date of birth;\n40\n(iv) a proof of age card issued by a State or Territory; 40\n(v) an identity document issued by an Aboriginal\nLand Council established by or under the\nAboriginal Land Rights (Northern Territory)\nAct 1976 (Cth); or\n40\n(b) any of the following documents:\n(i) a birth certificate; 70\n(ii) an Australian citizenship certificate or notice of\nAustralian citizenship.\n70\n2 An original statutory declaration confirming the candidate's\nidentity that:\n(a) is in the approved form; and\n(b) has a photograph of the candidate attached; and\n(c) is made no more than 3 months before the date of the\nclearance application by a person who:\n(i) is an Australian resident; and\n40\n\nSchedule 2 Identification documents\nCare and Protection of Children (Screening) Regulations 2010 8\n(ii) is not related to the candidate; and\n(iii) has known the candidate for at least 12 months.\n3 The original or a copy of any of the following documents\nthat are in force:\n(a) an employee identification card issued by the\nCommonwealth, a State or Territory or a local\ngovernment council that contains a photograph of the\ncandidate;\n40\n(b) a clearance notice; 40\n(c) an identity document issued by the Commonwealth or\nTerritory as evidence of entitlement to a financial\nbenefit (including, for example, Medicare card and\nhealth care card);\n25\n(d) a credit or debit card or financial institution passbook\n(one per institution);\n25\n(e) a residential lease that specifies the candidate's name\nand current residential address;\n25\n(f) a driver's licence issued by a foreign government. 25\n4 The original or a copy of any of the following documents\nthat specify the candidate's name and current residential\naddress and were issued no more than 3 months before\nthe date of the clearance application:\n(a) a council rates notice; 25\n(b) a utilities notice (one per utility); 25\n(c) a document issued by financial institution (one per\ninstitution).\n25\n\nSchedule 3 Disqualifying offences\nCare and Protection of Children (Screening) Regulations 2010 9\nSchedule 3 Disqualifying offences\nregulation 7(2)(a)\n1 Criminal Code\nProvision of Act Qualification\nSection 125D\nSection 156 If the victim is a child\nSection 194 If the person kidnapped is a child\nSection 195 or 202B If the victim is a child\nSection 202C If the business involves the sexual\nservitude of a child\nSection 202D, 208H, 208HA or\n208HB\nIf the victim is a child\nSection 208J, 208JA, 208JB,\n208JI, 208K, 208KA or 208KB\nSection 208LB, 208LC, 208LD or\n208MA\nIf the victim is a child\n2 Misuse of Drugs Act 1990\nProvision of Act Qualification\nSection 5B(1)\n3 Criminal Code (Cth)\nProvision of Act Qualification\nSections 268.8 to 268.68 and\n268.70 to 268.101\nSection 270.6(1) If the victim is a child\nSection 270.6(2) If the business involves the sexual\nservitude of a child\nSection 270.7 If the victim is a child\n\nSchedule 3 Disqualifying offences\nCare and Protection of Children (Screening) Regulations 2010 10\nSections 271.4, 271.7, 272.8 to\n272.14, 272.19, 273.5, 273.6,\n309.2 to 309.4, 309.7, 309.8,\n309.10 to 309.15, 471.16, 471.17,\n471.19, 471.20, 471.24, 474.19,\n474.20, 474.22, 474.23, 474.25A,\n474.25B and 474.26\n4 Customs Act 1901 (Cth)\nProvision of Act Qualification\nSection 233BAB If the tier 2 goods were items of child\npornography or child abuse material\n\nSchedule 4 Fees\nCare and Protection of Children (Screening) Regulations 2010 11\nSchedule 4 Fees\nregulation 10(1)\nItem Application Fee\n(Revenue units)\n1 Application for a clearance notice:\n(a) if the clearance notice is required by the\ncandidate for voluntary work only\n6\n(b) otherwise 60\n2 Application under regulation 9(1) for a\nreplacement clearance notice:\n(a) if the clearance notice is required by the\ncandidate for voluntary work only\n6\n(b) otherwise 24\n\nENDNOTES\nCare and Protection of Children (Screening) Regulations 2010 12\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCare and Protection of Children (Screening) Regulations (SL No. 20, 2010)\nNotified 1 September 2010\nCommenced 1 September 2010\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nJustice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)\nAssent date 8 June 2016\nCommenced s 17 (to ext ins new s 15): 10 October 2016;\nrem: 18 July 2016 (Gaz S67, 18 July 2016)\nCare and Protection of Children (Screening) Amendment Regulations 2017\n(SL No. 16, 2017)\nNotified 29 June 2017\nCommenced 1 July 2017 (r 2)\nCare and Protection of Children (Screening) Amendment Regulations 2018\n(SL No. 13, 2018)\nNotified 23 May 2018\nCommenced 23 May 2018\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\n\nENDNOTES\nCare and Protection of Children (Screening) Regulations 2010 13\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: r 1 and sch 3.\n4 LIST OF AMENDMENTS\nr 2 amd No. 13, 2018, r 4\nr 4 amd No. 13, 2018, r 5\nr 5 amd No. 13, 2018, r 6\nr 6 amd No. 13, 2018, r 7\nsch 1 amd Act No. 19, 2014, s 26\nrep No. 13, 2018, r 8\nsch 2 amd Act No. 19, 2014, s 26; No. 13, 2018, r 9\nsch 3 amd Act No. 17, 2016, s 46; Act No. 20, 2023, s 36\nsch 4 amd No. 16, 2017, r 4","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations have been amended since their 2010 commencement. Notable changes recorded in the Endnotes update the schedules and some regulations: Schedule 3 (disqualifying offences) was amended by the Justice Legislation Amendment (Drug Offences) Act 2016 and the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023; Schedule 4 (fees) was amended by the 2017 Amendment Regulations; other technical amendments occurred in 2018 (see Endnotes and List of Amendments). These amendments alter which offences disqualify an applicant and adjust fee provisions (reg 7; Sch 3; reg 10; Sch 4)."},"complexity_factors":["Point‑based identity verification system with multiple schedules (reg 6; Sch 2) increases administrative detail.","Comprehensive list of disqualifying offences spanning Territory, State, Commonwealth and foreign law (reg 7; Sch 3).","Discretionary powers for the Authority to accept exceptions and to waive or refund fees (reg 6(3); reg 10(2)) create case‑by‑case assessments.","Delegation and governance rules for the Authority (rr 11–15) require procedural compliance and recordkeeping.","Interaction with the parent Act (Care and Protection of Children Act 2007) requires cross‑referencing to determine application and enforcement.","Fees are tiered by volunteer/paid status and replacement notices (Sch 4) which affects who pays and when."],"plain_english_summary":"These Regulations set the rules for screening people who do work that involves contact with children in the Northern Territory: they define child‑related work (reg 3), require identity proof and clearance applications (reg 6, Sch 2), prescribe disqualifying offences (reg 7, Sch 3), and provide for replacement notices and fees (reg 9, reg 10, Sch 4). Applicants normally pay the fee in Schedule 4 (reg 10). The Screening Authority decides clearances, may accept ID exceptions, waive fees and delegate functions (regs 6(3), 10(2), 14)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain focused on their original purpose: establishing screening procedures for people working with children. The split agency responsibility (noted in the Remarks) is a structural administrative arrangement rather than an expansion of scope. No evidence of scope change is apparent from the provided extract."},"complexity_factors":["Split administration between two government agencies (Department of Children and Families and Attorney-General's Department), which can create confusion about which agency governs which obligations","Operates as subordinate legislation under a parent Act, meaning the full legal picture requires reading both documents together","Multiple categories of affected persons (applicants, employers, volunteers, agencies) each with different obligations","Appeals and review processes typically involve administrative law concepts that are unfamiliar to laypeople","Limited information provided in the extract makes it difficult to assess the full scope of procedural requirements"],"plain_english_summary":"These regulations set the practical rules for background screening of people who work with children in the Northern Territory, detailing how applications for clearances are made, what information is required, and how risk and appeal decisions are handled. They affect applicants, employers and the government agencies that carry out checks, and matter because they are a central safeguard for child safety — noncompliance risks legal consequences."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the working with children check system established by the parent Act. The content covers exactly what would be expected for subordinate legislation of this type — procedural requirements (ID, fees), definitions of scope (what constitutes child-related work, who is exempt), and administrative matters (Authority governance). The amendments noted in the endnotes appear to be technical updates (new offences added to Schedule 3, fee adjustments) rather than scope creep."},"complexity_factors":["Multiple cross-references to the parent Act (Care and Protection of Children Act 2007) requiring simultaneous reading","Four detailed schedules containing tabular data (identification documents with point values, disqualifying offences with qualifications, fee structures)","Nested conditional logic in regulation 5 (exempt individuals) requiring satisfaction of both paragraph (a) AND paragraph (b)","Complex definition of 'disqualifying offence' in regulation 7 spanning 6 sub-paragraphs including extraterritorial offences (foreign country laws)","Regulation 6 contains alternative pathways for adults vs minors with override discretion for the Authority","Schedule 3 requires knowledge of external legislation (Criminal Code NT, Criminal Code Cth, Misuse of Drugs Act, Customs Act) with specific section references and victim-status qualifications"],"plain_english_summary":"These regulations set the rules for working with children in the Northern Territory. They require people who want to work with kids to get a special permit called a 'clearance notice' after passing a police check.\n\n**Who needs a clearance?**\nAnyone doing 'child-related work' — basically any job that involves contact with children. This includes sports coaches, swimming instructors, people providing accommodation to kids (like hosting exchange students), and many other roles.\n\n**Key rules:**\n- **Volunteers from interstate or overseas** can only work with kids for up to 30 days per year without getting a full clearance\n- **Some people are exempt** — for example, police officers, emergency foster carers, or people providing equipment for kids' parties who won't actually interact with children\n- **ID requirements** — adults need 100 points of ID (like a passport or driver's licence plus other documents). Kids under 18 can use a birth certificate or a statutory declaration signed by a parent\n- **What disqualifies you** — serious crimes involving children, sexual offences, child exploitation, drug trafficking, and similar offences under Commonwealth or foreign laws will stop you getting a clearance\n- **You must report changes** — if you're charged with or convicted of a serious offence while you have a clearance, you must tell the Screening Authority\n- **Replacement certificates** — if you lose your clearance notice, you can apply for a replacement\n- **Fees** — it costs 60 'revenue units' for most applications (about $60), but only 6 for pure volunteers\n\n**Who runs this?**\nThe 'Screening Authority' — a body whose members serve 5-year terms, hold meetings, and can delegate powers to staff. Members must declare conflicts of interest and step aside from decisions where they have a personal stake.\n\n**Why it matters:**\nThese rules create a safeguard to keep people with serious criminal histories away from children. They balance child safety with practical needs — for example, making it easier for volunteers to help out without excessive red tape, while ensuring people with concerning histories can't slip through."}},"importantCases":[],"_links":{"self":"/api/acts/care-and-protection-of-children-screening-regulations-2010","history":"/api/acts/care-and-protection-of-children-screening-regulations-2010/history","analysis":"/api/acts/care-and-protection-of-children-screening-regulations-2010/analysis","conflicts":"/api/acts/care-and-protection-of-children-screening-regulations-2010/conflicts","importantCases":"/api/acts/care-and-protection-of-children-screening-regulations-2010/important-cases","documents":"/api/acts/care-and-protection-of-children-screening-regulations-2010/documents"}}