20Exemption from Act for specified workers and employers

#### 20 Exemption from Act for specified workers and employers 20 Exemption from Act for specified workers and employers > > (1) The following workers engaged in child-related work (and employers of those workers in that capacity) are exempt from the Act (other than section 7 of the Act)— > > > > > (a) a worker (other than a school cleaner) who provides administrative, clerical or maintenance services, or other ancillary services, if the work does not ordinarily involve contact with children for extended periods, > > > > > (b) a worker who works for a period of not more than a total of 5 working days in a calendar year, if the work involves minimal direct contact with children or is supervised when children are present, > > > > > (c) a worker who carries out the work in the course of an informal domestic arrangement that is not carried out on a professional or commercial basis, > > > > > (d) a worker whose work involves direct contact only with children who are close relatives of the worker, other than a worker who carries out the work in the capacity of an authorised carer, > > > > > (e) a parent, or close relative, of a child who attends a school, an education and care service or other educational institution when volunteering at or for activities of the school, service or institution, > > > > > (f) a parent, or close relative, of a child when volunteering in connection with a team, program or other activity of which the child is a member or in which the child usually participates, > > > > > (g) a worker who is under the age of 18 years, > > > > > (h) a police officer or a member of the Australian Federal Police when working in his or her capacity as a police officer, > > > > > (i) a worker who is a health practitioner in private practice, if the provision of services by the practitioner in the course of that practice does not ordinarily involve treatment of children without one or more other adults present, > > > > > (j) a co-worker or work supervisor of a child, other than a worker engaged in work referred to in clause 12(2) or 16AA, > > > > > (k) a home care worker who holds a police certificate that is current for the purposes of the [Accountability Principles 1998](http://www.legislation.gov.au/) made under the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, if the work is home care work and the clients are not primarily children, > > > > > (l) a health practitioner who is working in and visiting New South Wales from outside the State, if the period of work does not exceed a total of 5 days in any period of 3 months, > > > > > (m) a worker who is working in and visiting New South Wales from outside the State for the purposes of a one-off event such as a jamboree, sporting or religious event or tour, if the event is the only child-related work carried out by the worker in New South Wales in that calendar year and the period of the work does not exceed 30 days, > > > > > (n) a worker who is working in and visiting New South Wales from outside the State for the purposes of child-related work (other than a worker referred to in paragraph (l) or (m)), if the worker is the holder of an interstate working with children check in the jurisdiction in which the person ordinarily resides, or is exempt from the requirement to have such a check in that jurisdiction, and the period of the child-related work in New South Wales does not exceed a total of 30 days in any calendar year, > > > > > (o) a visiting speaker, adjudicator, performer, assessor or other similar visitor at a school or other place where child-related work is carried out if the work of the person at that place is for a one-off occasion and is carried out in the presence of one or more other adults. > > > (2) Subclause (1)(e) and (f) do not apply to a parent or close relative, if the volunteering involves any of the following— > > > > > (a) providing personal care services to children with disabilities, being services that involve intimate contact with those children, such as assistance with toileting, bathing or dressing, > > > > > (b) providing mentoring services as part of a formal mentoring program provided by a government or non-government agency, > > > > > (c) attending at an overnight camp for children. > > > (3) In this clause— > > > > holder of an interstate working with children check means a person who has undergone interstate child-related work screening under a law of another jurisdiction in which the person ordinarily resides and who is permitted by that law to carry out child-related work. > > > > interstate child-related work screening has the same meaning as in section 34 of the Act. > > **cl 20:** Am 2013 (676), Sch 2 \[4\]; 2018 No 14, Sch 2.1 \[2\]; 2022 (725), Sch 1\[3\].