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 established under Family and Community Services Act 1972 (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 (b) in the case of a body corporate—$120 000. (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— (a) is a self‑employed person; or (b) carries out work under a contract for services; or (c) carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or (d) undertakes practical training as part of an educational or vocational course; or (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. 56—Insertion of section 112A Before section 113 insert: 112A—Chief Executive may provide assistance to persons caring for children and young people The Chief Executive may grant to an approved carer or other person in whose care a child or young person has been placed under this Act or the Family Relationships Act 1975 such financial or other assistance in relation to the care and maintenance of the child or young person as may be determined by the Chief Executive. 57—Amendment of section 163—Protection of identity of persons who report to or notify Department (1) Section 163(1)—delete ", in the course of the administration, operation or enforcement of this Act," (2) Section 163(1)—after paragraph (a) insert: (ab) is required or authorised by the Chief Executive or under this Act; or 58—Insertion of section 166A After section 166 insert: 166A—Limitation on tortious liability for acts of certain children and young people No liability in tort attaches to the Crown, the Minister, the Chief Executive or any employee of the Department in respect of an act or omission of a child or young person under the guardianship of the Chief Executive, or of whom the Chief Executive has custody under any Act, unless the act or omission occurs while the child or young person— (a) is acting as the servant or agent of the Chief Executive or employee of the Department; and (b) is acting within the scope of such employment or authority. 59—Amendment of section 170—Regulations Section 170(3)—after paragraph (c) insert: and (ca) make provisions of a saving or transitional nature consequent on the commencement of the Child Safety (Prohibited Persons) Act 2016; and 60—Amendment of Schedule 1—Repeal and related amendment