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).