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.

Am 2013 No 31, Sch 1 [3]; 2015 No 29, Sch 2 [4]; 2025 No 56, Sch 1[2].