Education and Care Services Act 2013
sec.200Chief executive must give notice to chief executive (employment screening)
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sec.200 Chief executive must give notice to chief executive (employment screening)
If the chief executive gives a prohibition notice to a person, the chief executive must give the chief executive (employment screening) a notice (an initial notice ) stating only— the person’s name and address; and the person’s date and place of birth, if that information is within the chief executive’s knowledge; and that the chief executive has given the person a prohibition notice. If the initial notice includes the person’s date and place of birth, the chief executive must give the chief executive (employment screening) a further notice under subsection (4) (a further notice ) if the chief executive (employment screening)— requests additional relevant information about the prohibition notice; and notifies the chief executive the person holds a working with children authority or negative notice or has made a working with children check application. However, if the initial notice does not include the person’s date and place of birth, the chief executive may give the chief executive (employment screening) a further notice only if— the chief executive (employment screening)— requests additional relevant information about the prohibition notice; and notifies the chief executive the person holds a working with children authority or negative notice or has made a working with children check application; and includes the person’s date and place of birth in the request; and the chief executive confirms with the person that the date and place of birth stated in the request are the person’s date and place of birth. A further notice must state— when the conduct that caused the chief executive to give the prohibition notice to the person happened; and the nature of the conduct; and any other information the chief executive reasonably considers relevant for employment screening under the Working with Children Check Act 2000 , chapter 8 . details about the nature of the prohibition notice If the chief executive gives the chief executive (employment screening) a further notice and the prohibition notice is later set aside on review or appeal, the chief executive must give the chief executive (employment screening) a notice stating— that the prohibition notice has been set aside; and the reason for setting the prohibition notice aside given by the decision-maker who set it aside. If the chief executive gave a prohibition notice to a person because of the person’s conduct in relation to a particular child, an initial notice or a further notice must not contain information that identifies, or is likely to identify, the child. s 200 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 49 s 130 sch 4 pt 2 (sec.200-ssec.1) If the chief executive gives a prohibition notice to a person, the chief executive must give the chief executive (employment screening) a notice (an initial notice ) stating only— the person’s name and address; and the person’s date and place of birth, if that information is within the chief executive’s knowledge; and that the chief executive has given the person a prohibition notice. (sec.200-ssec.2) If the initial notice includes the person’s date and place of birth, the chief executive must give the chief executive (employment screening) a further notice under subsection (4) (a further notice ) if the chief executive (employment screening)— requests additional relevant information about the prohibition notice; and notifies the chief executive the person holds a working with children authority or negative notice or has made a working with children check application. (sec.200-ssec.3) However, if the initial notice does not include the person’s date and place of birth, the chief executive may give the chief executive (employment screening) a further notice only if— the chief executive (employment screening)— requests additional relevant information about the prohibition notice; and notifies the chief executive the person holds a working with children authority or negative notice or has made a working with children check application; and includes the person’s date and place of birth in the request; and the chief executive confirms with the person that the date and place of birth stated in the request are the person’s date and place of birth. (sec.200-ssec.4) A further notice must state— when the conduct that caused the chief executive to give the prohibition notice to the person happened; and the nature of the conduct; and any other information the chief executive reasonably considers relevant for employment screening under the Working with Children Check Act 2000 , chapter 8 . details about the nature of the prohibition notice (sec.200-ssec.5) If the chief executive gives the chief executive (employment screening) a further notice and the prohibition notice is later set aside on review or appeal, the chief executive must give the chief executive (employment screening) a notice stating— that the prohibition notice has been set aside; and the reason for setting the prohibition notice aside given by the decision-maker who set it aside. (sec.200-ssec.6) If the chief executive gave a prohibition notice to a person because of the person’s conduct in relation to a particular child, an initial notice or a further notice must not contain information that identifies, or is likely to identify, the child.