10KHStrict liability offences—unaccredited provision of children’s contact services

10KH Strict liability offences—unaccredited provision of children’s contact services

Individual providing services who is not a CCS practitioner (1) An individual commits an offence if: (a) the individual provides a children’s contact service; and (b) the Accreditation Rules provide for accreditation of CCS practitioners; and (c) the individual is not a CCS practitioner.

Penalty: 50 penalty units.

Body corporate providing services that is not a CCS business (2) A body corporate commits an offence if: (a) the body corporate provides a children’s contact service; and (b) the Accreditation Rules provide for accreditation of CCS businesses; and (c) the body corporate is not a CCS business.

Penalty:

(a) for an individual—50 penalty units; or
(b) for a body corporate—250 penalty units.

Person providing services through an individual who is not a CCS practitioner (3) A person commits an offence if: (a) the person is a CCS business; and (b) an individual provides a children’s contact service for or on behalf of the person; and (c) the Accreditation Rules provide for accreditation of CCS practitioners; and (d) the individual is not a CCS practitioner.

Penalty:

(a) for an individual—50 penalty units; or
(b) for a body corporate—250 penalty units.

(4) Subsection (3) does not apply to a person if, at or before the time the individual provides the children’s contact service as mentioned in paragraph (3)(b), the person: (a) considered whether or not the individual was a CCS practitioner; and (b) is under a mistaken but reasonable belief about that matter.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Individual business operator who is not a CCS business (5) An individual commits an offence if: (a) the individual controls, directs or organises (whether alone or jointly with other persons) the provision of children’s contact services in the individual’s own name or under a business name; and (b) the Accreditation Rules provide for accreditation of CCS businesses; and (c) the individual is not a CCS business.

Penalty: 50 penalty units.

Person responsible for non‑legal person that is not a CCS business providing services through an individual (6) A person commits an offence if: (a) an individual provides a children’s contact service for or on behalf of an entity that is not a legal person; and (b) the Accreditation Rules provide for accreditation of CCS businesses; and (c) the entity is not a CCS business; and (d) at the time the individual provides the children’s contact service, the person is a person who controls, directs or organises (whether alone or jointly with other persons) the provision of children’s contact services for or on behalf of the entity.