Part 5Registrable offenders prohibited from particular work

Part 5—Registrable offenders prohibited from particular work 64—Interpretation (1) In this Part— child-related work means work involving contact with a child in connection with any of the following: (a) pre-schools or kindergartens; (b) child care centres; (c) educational institutions for children; (d) child protection services; (e) juvenile detention centres; (f) refuges or other residential facilities used by children; (g) foster care for children; (h) hospital wards or out-patient services (whether public or private) in which children are ordinarily patients; (i) overnight camps regardless of the type of accommodation or of how many children are involved; (j) clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement; (k) programs or events for children provided by any institution, agency or organisation; (ka) businesses or undertakings in which children are employed; (l) religious or spiritual organisations; (m) counselling or other support services for children; (n) commercial baby sitting or child minding services; (o) commercial tuition services for children; (p) services for the transport of children, and includes work in connection with taxi services and hire car services (whether or not the work involves contact with a child); commercial baby sitting or child minding services means baby sitting or child minding services that are provided on payment of a fee or reward; commercial tuition services means tuition services (including of a cultural, recreational or sporting nature) that are provided on payment of a fee or reward; contact means any form of contact between a person and a child and includes— (a) any form of physical contact; and (b) any form of oral communication, whether face to face or by telephone; and (c) any form of written communication, including electronic communication; educational institutions for children includes Government and non‑Government schools within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 but does not include institutions the principal function of which is the education of students at the tertiary level; officer— (a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, has the same meaning as in section 9 of that Act; and (b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate; work means— (a) performance of work— (i) under a contract of employment or a contract for services (whether written or unwritten); or (ii) as a self-employed person or as a sub-contractor; or (iii) as a minister of religion or as part of the duties of a religious or spiritual vocation; or (b) undertaking practical training as part of an educational or vocational course; or (c) performance of work as a volunteer including the performance of unpaid community work in accordance with an order of a court. (2) For the purposes of this Act (and without limiting the circumstances in which a person may be found to be engaged in child-related work) a person is engaged in child-related work if he or she is— (a) an officer of a body corporate that is engaged in child-related work; or (b) a member of the committee of management of an unincorporated body or association that is engaged in child-related work; or (c) a member of a partnership that is engaged in child-related work. (3) For the purposes of this Part, proceedings in relation to an offence are finalised if— (a) a decision is made not to lay a charge in relation to the offence; or (b) a charge of the offence is withdrawn or proceedings for the offence are otherwise discontinued; or (c) a court has determined a charge of the offence. 65—Registrable offender excluded from child-related work (1) A registrable offender must not— (a) apply for; or (b) engage in, work that is child-related work. (2) In proceedings for an offence against subsection (1), it is a defence to the charge for the accused to prove that, at the time the offence is alleged to have been committed, he or she did not know that the work was child-related work. 65A—Offence to fail to disclose certain matters to Commissioner (1) The Commissioner may give a person who is arrested or reported for a class 1 or class 2 offence a written notice (in a form determined by the Commissioner)— (a) requiring the person to provide the Commissioner— (i) with information as to whether or not he or she currently engages in any work and the nature of that work (within a time specified in the notice); and (ii) with information about the nature of any work that he or she applies for, or commences engaging in, at any time before proceedings in relation to the offence have been finalised (within a specified period after so applying for, or commencing engaging in, the work); and (b) containing any other information the Commissioner thinks fit as to the operation of this Part. (2) A person must not fail to comply with a notice given to the person under this section. (3) A police officer— (a) may make such enquiries as the officer thinks necessary to verify information required under a notice; and (b) may (despite any Act or law) advise any employer or prospective employer of a person arrested or reported for a class 1 or class 2 offence that the person has been so arrested or reported and provide the employer or prospective employer with details of the offence. (4) A notice under this section must be served on the person to whom the notice relates personally and is not binding on the person until so served. (5) A police officer may, for the purpose of serving a notice on a person under this section— (a) require the person to remain at a particular place for— (i) so long as may be necessary for the notice to be served on the person; or (ii) 2 hours, whichever is the lesser; and (b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a). (6) In this section— employer includes any person for whom work is performed. 66—Offence to fail to disclose arrest or report (1) A person engaged in child‑related work (including work under a contract for services) who is arrested or reported for a class 1 or class 2 offence must disclose that fact to his or her employer within 7 days after being so arrested or reported or, in the case of a person so arrested or reported before the commencement of this subsection, within 7 days after that commencement (if he or she has not already disclosed that fact to his or her employer and proceedings relating to the offence have not been finalised). (2) A person who applies for work (including work under a contract for services) that is child‑related work and who has been arrested or reported for a class 1 or class 2 offence must, if proceedings in relation to the offence have not been finalised, disclose the arrest or report to his or her prospective employer at the time of making the application. (3) A person who has (whether before or after the commencement of this subsection) applied for work (including work under a contract for services) that is child‑related work and who, while the application is still current, is arrested or reported for a class 1 or class 2 offence must disclose that fact to his or her prospective employer within 7 days after being so arrested or reported or, in the case of a person so arrested or reported before the commencement of this subsection, within 7 days after that commencement (if he or she has not already disclosed that fact to his or her employer and proceedings relating to the offence have not been finalised). (4) This section does not apply to a person arrested or reported for a class 1 or class 2 offence if that offence was allegedly committed by the person while he or she was a child. (5) The Commissioner may give a person who is arrested or reported for a class 1 or class 2 offence written notice (in a form determined by the Commissioner) advising the person of— (a) the requirements under this section; and (b) the consequences that may arise if the person fails to comply with those obligations. (6) If a person is given a notice under subsection (5), the Commissioner must ensure— (a) that a determination is made, within a reasonable time, as to whether to charge the person with a class 1 or class 2 offence; and (b) if a determination is made that the person should not be charged with a class 1 or class 2 offence, that the person is given written notice of that determination. (7) In proceedings for an offence against this section, it is a defence to the charge for the accused to prove that, at the time the offence against this section is alleged to have been committed— (a) he or she had not received notice, and was otherwise unaware, of the obligation; or (b) he or she did not know that the work was child‑related work. (8) In this section— employer includes any person for whom child‑related work is performed.