55Existing police checks and declarations

55 Existing police checks and declarations

(1) Despite the commencement of section 20 of the Child Employment Amendment Act 2010—

(a) a person who was named on a permit or a declaration of suitability in force immediately before that commencement as a person permitted to employ or supervise a child in employment is not liable to an offence under section 19(1)(a) of this Act or section 33 of the Working with Children Act 2005 in respect of the supervision of that child for 12 months after the date the police check for that permit or declaration was issued for that employment or supervision;

(b) a person who was named on a permit or a declaration of suitability in force immediately before that commencement as a person permitted to employ or supervise a child in employment is not liable to an offence under section 19(1)(a) of this Act or section 33 of the Working with Children Act 2005 in respect of the supervision of the employment of any other child within 12 months after the date the police check for that permit or declaration was issued in respect of that employment or supervision if—

(i) the police check was issued within one month before the supervision of that other child commenced; or

(ii) in the case where the police check was issued more than one month before the supervision of that other child commenced, within one month before that supervision commenced the person made a statutory declaration—

(A) under section 13(2)(d)(ii) as in force immediately before the commencement of section 20 of the Child Employment Amendment Act 2010; or

(B) setting out the matters in subsection (2) and, in the case of an employer who supervises a child, provided the statutory declaration to the Secretary before the supervision of that other child commenced or, in the case of a supervisor who is employed, provided the statutory declaration to the employer before the supervision of that other child commenced.

(2) A statutory declaration under subsection (1)(b)(ii)(B) must state—

(a) that the person consented to a police check in connection with a permit referred to in subsection (1) within 12 months before the statutory declaration; and

(b) since the date of that consent the person has not been charged with any offence; and

(c) the name or business or trading name of the employer of that other child who is to be supervised.

(3) An employer who receives a statutory declaration under subsection (1)(b)(ii)(B) from a supervisor must forward the statutory declaration to the Secretary before the supervision of that other child commences.

(4) A person is not liable to an offence under section 35 of the in respect of the engagement of a personreferred to in subsection (1) to supervise the child for the period of 12 months specified inthat section.