19AApplication of Worker Screening Act 2020

19A Application of Worker Screening Act 2020

S. 19A(1) amended by Nos 27/2022 s. 63, 58/2025 s. 125(Sch. 2 item 2.1).

(1) The Worker Screening Act 2020, as in force immediately before the commencement of Part 3.2 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, extends and applies to the supervision of a child in employment that requires a licence under this Act as if that supervision were child-related work for the purposes of the Worker Screening Act 2020.

S. 19A(2) amended by No. 58/2025 s. 125(Sch. 2 item 2.1).

(2) The Worker Screening Act 2020, as in force immediately before the commencement of Part 3.2 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, applies to the supervision of a child referred to in subsection (1) with the following modifications—

(a) section 7(1)(b) and (8)(b) do not apply to exclude work experience arrangements referred to in section 5.4.11(4) of the Education and Training Reform Act 2006 from the operation of the Act as applied by the Child Employment Act 2003;

(b) section 66(5)(a) applies as if the reference to "this Act" were a reference to "this Act or the Child Employment Act 2003";

(c) section 72(1) applies as if the following paragraph were inserted after paragraph (b)—

"(ba) if the person supervises a child referred to in section 19A(1) of the Child Employment Act 2003, the employer of the child;";

(d) section 78 applies as if the following subsection were substituted for section 78(3)—

"(3) For the purposes of Chapter 6, a person supervising a child referred to in section 19A(1) of the Child Employment Act 2003 who has been given an interim WWC exclusion under section 66 is not to be regarded as having a current WWC clearance in respect of that supervision.";

(e) section 89(1) applies as if "Despite section 78(3)," were omitted;

(f) Chapter 5 does not apply;

Note to s. 19A(2)(f) inserted by No. 27/2022 s. 19.

Chapter 5 of the Worker Screening Act 2020 contains a number of exemptions from the requirement to hold a current WWC clearance which do not apply in relation to the supervisors of child employees. For exemptions from the requirement for supervisors of child employees to hold a current WWC clearance see section 19B of this Act instead.

(g) section 121(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the ";