Part 7AAssessment of employees in other residential facilities

Part 7A—Assessment of employees in other residential facilities 110A—Persons not to be employed in certain residential facilities unless assessed (1) A person must not be employed in a residential facility established by the Minister under section 36 of the Family and Community Services Act 1972 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section. (2) However, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection. (3) A person who is employed in a residential facility in contravention of subsection (1) is guilty of an offence. (a) for a first or second offence—$20 000; (b) for a third or subsequent offence—$50 000 or imprisonment for 1 year. (4) A person who employs, or continues to employ, a person in a residential facility in contravention of subsection (1) is guilty of an offence. (a) in the case of a natural person—$50 000 or imprisonment for 1 year; or (5) For the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who— (e) carries out work as a volunteer; or (f) performs unpaid community work in accordance with an order of a court, and a reference to employ is to be construed accordingly.