NORTHERN TERRITORY OF AUSTRALIA
CARE AND PROTECTION OF CHILDREN (SCREENING)
REGULATIONS 2010
As in force at 25 March 2024
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
Part 2 Matters relating to child-related
employment
3 Child-related work ............................................................................ 1
4 Limitation on work by non-resident volunteers................................. 2
5 Exempt individuals ........................................................................... 2
Part 3 Clearance notices
6 Proof of identity for clearance application ........................................ 2
7 Disqualifying offences ...................................................................... 3
8 Change of circumstances ................................................................ 4
9 Issue of replacement clearance notice ............................................ 4
10 Fees ................................................................................................ 5
Part 4 Screening Authority
11 Term of appointment ....................................................................... 5
12 Vacation of office ............................................................................. 5
13 Meetings .......................................................................................... 5
14 Delegation ....................................................................................... 6
15 Disclosure of interest ....................................................................... 6
Schedule 2 Identification documents
Schedule 3 Disqualifying offences
Schedule 4 Fees
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 25 March 2024
CARE AND PROTECTION OF CHILDREN (SCREENING)
REGULATIONS 2010
Regulations under the Care and Protection of Children Act 2007
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Care and Protection of
Children (Screening) Regulations 2010.
2 Definitions
In these Regulations:
candidate, for a clearance application, means the individual to
whom the application relates.
clearance application means an application under section 188 of
the Act for the issue of a clearance notice.
disqualifying offence, see regulation 7(2).
Part 2 Matters relating to child-related employment
3 Child-related work
For section 185(2)(q) of the Act, child-related work includes any
work that involves or may potentially involve contact with children in
connection with any of the following services or activities:
(a) sports coaching or sports lessons for children;
Part 3 Clearance notices
Care and Protection of Children (Screening) Regulations 2010 2
(b) accommodation services for children in private residential
premises.
Examples for regulation 3
1 Swimming lessons.
2 Billeting foreign exchange students.
4 Limitation on work by non-resident volunteers
For section 186(c)(iii) of the Act, the limit is 30 days (whether or not
consecutive) in a 12 month period.
5 Exempt individuals
For section 186(d) of the Act, an individual is exempt if:
(a) the individual is engaged:
(i) to provide child minding services but does not provide
the services as part of a commercial enterprise; or
(ii) as an emergency carer under a placement arrangement
made under section 77 of the Act; or
(iii) to provide or assist with provision of equipment, catering
services or a venue in connection with entertainment or
party services provided or arranged for children, but in
doing so will have no contact with children; or
(iv) as a member of the Police Force or the Australian
Federal Police; and
(b) the individual is not otherwise engaged in child-related
employment.
Part 3 Clearance notices
6 Proof of identity for clearance application
(1) A clearance application for a candidate who is at least 18 years of
age must be accompanied by identification documents in relation to
the candidate that:
(a) have a total value of at least 100 points; and
(b) include at least one primary document.
Part 3 Clearance notices
Care and Protection of Children (Screening) Regulations 2010 3
(2) A clearance application for a candidate who is less than 18 years of
age must be accompanied by one of the following:
(a) a document specified in Schedule 2, item 1, in relation to the
candidate;
(b) an original statutory declaration confirming the candidate's
identity that:
(i) is in the approved form; and
(ii) states the candidate's date of birth, full name and any
other known names; and
(iii) has a photograph of the candidate attached; and
(iv) is made no more than 3 months before the date of the
clearance application by a parent of the candidate or a
person who has known the candidate for at least
12 months.
(3) Despite subregulations (1) and (2), the Authority may accept a
clearance application that is not accompanied by the documents
mentioned in those subregulations if it considers it appropriate to do
so.
(4) An identification document has the value specified in Schedule 2
opposite the description of the document.
(5) In this regulation:
identification document means:
(a) a primary document; or
(b) a document specified in Schedule 2, item 3 or 4.
primary document means a document specified in Schedule 2,
item 1 or 2.
7 Disqualifying offences
(1) For section 189(1) of the Act, each disqualifying offence is
prescribed.
(2) A disqualifying offence is:
(a) an offence against a provision of an Act or Act of the
Commonwealth specified in Schedule 3, subject to any
qualification relating to the provision specified opposite the
provision; or
Part 3 Clearance notices
Care and Protection of Children (Screening) Regulations 2010 4
(b) an offence of counselling or procuring the commission of an
offence mentioned in paragraph (a); or
(c) an offence of attempting, or of conspiracy or incitement, to
commit an offence mentioned in paragraph (a); or
(d) an offence that has, as an element, intention to commit an
offence mentioned in paragraph (a); or
(e) an offence committed before the commencement of a
provision of an Act or Act of the Commonwealth mentioned in
paragraph (a) that would, if committed after that
commencement, have constituted an offence mentioned in
paragraph (a); or
(f) an offence under a law of a State, other Territory or foreign
country that, if it had been committed in the Territory, would
have constituted an offence mentioned in paragraphs (a)
to (e).
8 Change of circumstances
For section 193(1) of the Act, each of the following changes in the
circumstances of an individual holding a clearance notice are
prescribed:
(a) the individual is charged with a disqualifying offence;
(b) the individual attends a court proceeding in relation to a
disqualifying offence for which the individual has been
charged;
(c) the individual is convicted of a disqualifying offence.
9 Issue of replacement clearance notice
(1) This regulation applies if a clearance notice is damaged, destroyed
or lost.
(2) The Authority may issue a replacement clearance notice on
application by the individual to whom the clearance notice was
issued.
(3) The application must be made while the clearance notice is in force
and must be:
(a) in the approved form; and
(b) if the clearance notice is damaged – accompanied by the
clearance notice.
Part 4 Screening Authority
Care and Protection of Children (Screening) Regulations 2010 5
10 Fees
(1) A person who makes an application specified in Schedule 4 must
pay the fee specified opposite the application.
(2) The Authority may, wholly or partly, waive or refund a fee payable
or paid under these Regulations if it considers it appropriate to do
so.
Part 4 Screening Authority
11 Term of appointment
A member of the Authority is appointed for 5 years and is eligible
for re-appointment.
12 Vacation of office
A member of the Authority vacates his or her office if:
(a) the member resigns the office in writing given to the Minister;
or
(b) the appointment of the member is terminated by the Minister;
or
(c) the member dies.
13 Meetings
(1) The Authority must meet as often as is necessary for the exercise
of its powers and the performance of its functions.
(2) If the Authority has more than one member, at a meeting of the
Authority:
(a) 2 members constitute a quorum; and
(b) the members present must elect a member to preside at the
meeting; and
(c) a question arising must be decided by a majority of the votes
of the members present and voting and, in the event of an
equality of votes, the member presiding at the meeting has a
casting vote.
(3) The Authority must keep proper minutes of its proceedings and
decisions.
Part 4 Screening Authority
Care and Protection of Children (Screening) Regulations 2010 6
(4) Subject to the Act and this Part, the Authority may decide its own
procedures.
14 Delegation
(1) The Authority may delegate to a person any of its powers or
functions.
(2) However, the Authority may do so only if satisfied the person has
the appropriate qualifications or experience.
(3) A delegation under subregulation (1) must be in writing signed by:
(a) if the Authority has only one member – the member; or
(b) otherwise – 2 members.
15 Disclosure of interest
(1) A member of the Authority who has a direct or indirect interest in a
matter to be considered by the Authority must disclose the interest
to the Authority.
(2) The disclosure must be recorded in the Authority's minutes.
(3) The member:
(a) must not take part in any deliberation or decision of the
Authority about the matter; and
(b) must be disregarded for the purposes of constituting the
quorum of the Authority for the deliberation or decision.
(4) The Authority may decide subregulation (3) does not apply to the
matter.
(5) However, the decision mentioned in subregulation (4) must be
deliberated and voted on in the absence of the member.
Schedule 2 Identification documents
Care and Protection of Children (Screening) Regulations 2010 7
Schedule 2 Identification documents
regulation 6(4) and (5)
Item Document Value
(Points)
1 The original or a copy of:
(a) any of the following documents that are in force and
contain a photograph of the candidate:
(i) an Australian passport or other passport
containing an Australian visa that is in force;
70
(ii) another document evidencing entitlement to
Australian residency;
70
(iii) a licence or permit issued under a law of the
Commonwealth or a State or Territory that
specifies the candidate's date of birth;
40
(iv) a proof of age card issued by a State or Territory; 40
(v) an identity document issued by an Aboriginal
Land Council established by or under the
Aboriginal Land Rights (Northern Territory)
Act 1976 (Cth); or
40
(b) any of the following documents:
(i) a birth certificate; 70
(ii) an Australian citizenship certificate or notice of
Australian citizenship.
70
2 An original statutory declaration confirming the candidate's
identity that:
(a) is in the approved form; and
(b) has a photograph of the candidate attached; and
(c) is made no more than 3 months before the date of the
clearance application by a person who:
(i) is an Australian resident; and
40
Schedule 2 Identification documents
Care and Protection of Children (Screening) Regulations 2010 8
(ii) is not related to the candidate; and
(iii) has known the candidate for at least 12 months.
3 The original or a copy of any of the following documents
that are in force:
(a) an employee identification card issued by the
Commonwealth, a State or Territory or a local
government council that contains a photograph of the
candidate;
40
(b) a clearance notice; 40
(c) an identity document issued by the Commonwealth or
Territory as evidence of entitlement to a financial
benefit (including, for example, Medicare card and
health care card);
25
(d) a credit or debit card or financial institution passbook
(one per institution);
25
(e) a residential lease that specifies the candidate's name
and current residential address;
25
(f) a driver's licence issued by a foreign government. 25
4 The original or a copy of any of the following documents
that specify the candidate's name and current residential
address and were issued no more than 3 months before
the date of the clearance application:
(a) a council rates notice; 25
(b) a utilities notice (one per utility); 25
(c) a document issued by financial institution (one per
institution).
25
Schedule 3 Disqualifying offences
Care and Protection of Children (Screening) Regulations 2010 9
Schedule 3 Disqualifying offences
regulation 7(2)(a)
1 Criminal Code
Provision of Act Qualification
Section 125D
Section 156 If the victim is a child
Section 194 If the person kidnapped is a child
Section 195 or 202B If the victim is a child
Section 202C If the business involves the sexual
servitude of a child
Section 202D, 208H, 208HA or
208HB
If the victim is a child
Section 208J, 208JA, 208JB,
208JI, 208K, 208KA or 208KB
Section 208LB, 208LC, 208LD or
208MA
If the victim is a child
2 Misuse of Drugs Act 1990
Provision of Act Qualification
Section 5B(1)
3 Criminal Code (Cth)
Provision of Act Qualification
Sections 268.8 to 268.68 and
268.70 to 268.101
Section 270.6(1) If the victim is a child
Section 270.6(2) If the business involves the sexual
servitude of a child
Section 270.7 If the victim is a child
Schedule 3 Disqualifying offences
Care and Protection of Children (Screening) Regulations 2010 10
Sections 271.4, 271.7, 272.8 to
272.14, 272.19, 273.5, 273.6,
309.2 to 309.4, 309.7, 309.8,
309.10 to 309.15, 471.16, 471.17,
471.19, 471.20, 471.24, 474.19,
474.20, 474.22, 474.23, 474.25A,
474.25B and 474.26
4 Customs Act 1901 (Cth)
Provision of Act Qualification
Section 233BAB If the tier 2 goods were items of child
pornography or child abuse material
Schedule 4 Fees
Care and Protection of Children (Screening) Regulations 2010 11
Schedule 4 Fees
regulation 10(1)
Item Application Fee
(Revenue units)
1 Application for a clearance notice:
(a) if the clearance notice is required by the
candidate for voluntary work only
6
(b) otherwise 60
2 Application under regulation 9(1) for a
replacement clearance notice:
(a) if the clearance notice is required by the
candidate for voluntary work only
6
(b) otherwise 24
ENDNOTES
Care and Protection of Children (Screening) Regulations 2010 12
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Care and Protection of Children (Screening) Regulations (SL No. 20, 2010)
Notified 1 September 2010
Commenced 1 September 2010
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,
(s 2)
Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)
Assent date 8 June 2016
Commenced s 17 (to ext ins new s 15): 10 October 2016;
rem: 18 July 2016 (Gaz S67, 18 July 2016)
Care and Protection of Children (Screening) Amendment Regulations 2017
(SL No. 16, 2017)
Notified 29 June 2017
Commenced 1 July 2017 (r 2)
Care and Protection of Children (Screening) Amendment Regulations 2018
(SL No. 13, 2018)
Notified 23 May 2018
Commenced 23 May 2018
Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)
Assent date 17 August 2023
Commenced 25 March 2024 (Gaz S20, 22 March 2024)
ENDNOTES
Care and Protection of Children (Screening) Regulations 2010 13
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: r 1 and sch 3.
4 LIST OF AMENDMENTS
r 2 amd No. 13, 2018, r 4
r 4 amd No. 13, 2018, r 5
r 5 amd No. 13, 2018, r 6
r 6 amd No. 13, 2018, r 7
sch 1 amd Act No. 19, 2014, s 26
rep No. 13, 2018, r 8
sch 2 amd Act No. 19, 2014, s 26; No. 13, 2018, r 9
sch 3 amd Act No. 17, 2016, s 46; Act No. 20, 2023, s 36
sch 4 amd No. 16, 2017, r 4