8Restrictions on engaging in child-related work

#### 8 Restrictions on engaging in child-related work 8 Restrictions on engaging in child-related work > > (1) A worker must not engage in child-related work unless— > > > > > (a) the worker holds a working with children check clearance of a class applicable to the work, or > > > > > (b) there is a current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work. > > > > Maximum penalty—100 penalty units, or imprisonment for 2 years, or both. > > > (1A) To avoid doubt, subsection (1)(b) does not prevent— > > > > > (a) an employer or regulator requiring a worker to hold a working with children check clearance of a class applicable to child-related work before engaging in child-related work— > > > > > > > (i) with or on behalf of the employer, or > > > > > > > (ii) in the industry, sector or activity the regulator regulates, or > > > > > (b) a professional or other peak body from requiring a person to hold a working with children check clearance as a condition of membership, licensing or other registration with the body. > > > (2) A worker must not engage in child-related work at any time that the worker is subject to an interim bar. > > > > Maximum penalty—100 penalty units, or imprisonment for 2 years, or both. > > > (3) It is a defence to proceedings for an offence against this section if the accused person establishes that— > > > > > (a) the accused person did not know, at the time the offence was committed, that the work concerned was child-related work, or > > > > > (b) the accused person was exempted by the regulations from the requirement to hold a clearance, or > > > > > (c) the offence was consequential on the relevant accused person being subject to an interim bar, having an application for a clearance refused or terminated or having a clearance cancelled and, at the time that the offence was committed, the accused person did not know about the interim bar, refusal, termination or cancellation. > > Note. > > Division 3 also requires adult persons residing with authorised carers or approved providers of education and care services and potential adoptive parents to hold clearances or to have a current application for a clearance. > > **s 8:** Am 2013 No 31, Sch 1 \[3\]; 2015 No 29, Sch 2 \[4\]; 2025 No 56, Sch 1\[2\].