36CDuty to disclose if convicted or found guilty of offence outside Australia

#### 36C Duty to disclose if convicted or found guilty of offence outside Australia 36C Duty to disclose if convicted or found guilty of offence outside Australia > > (1) A relevant person must notify the Children’s Guardian of the commencement of proceedings, a conviction or a finding of guilt against the relevant person of a prescribed criminal offence outside Australia— > > > > > (a) when an application for a working with children check clearance is made by the person, and > > > > > (b) within 10 business days after the person becomes aware of the commencement, conviction or finding. > > > (2) Subsection (1) applies to a commencement of proceedings, conviction or finding of guilt, regardless of whether the proceedings commence or the conviction or finding of guilt occurs before or after the commencement of this section. > > > (3) Nothing in this section requires a person to notify the Children’s Guardian of the same commencement of proceedings, conviction or finding of guilt more than once. > > > (4) The notice must be given in the form approved by the Children’s Guardian. > > > (5) A person who, without reasonable excuse, fails to comply with this section is guilty of an offence. > > > > Maximum penalty—5 penalty units. > > > (6) In this section— > > > > prescribed criminal offence means an offence equivalent to an offence— > > > > > (a) specified in Schedule 1 or 2, or > > > > > (b) prescribed by the regulations. > > > > relevant person means— > > > > > (a) an applicant for a working with children check clearance, and > > > > > (b) a person prescribed by the regulations. > > **s 36C:** Ins 2022 No 34, Sch 1\[10\] (am 2024 No 81, Sch 1).