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. Penalty: (a) for an individual—50 penalty units; or (b) for a body corporate—250 penalty units. (7) Subsection (6) does not apply to a person if, at or before the time that the children’s contact service is provided as mentioned in paragraph (6)(a), the person: (a) considered whether or not the entity was a CCS business; 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 (7) (see subsection 13.3(3) of the Criminal Code). Person responsible for non‑legal person providing services through an individual who is not a CCS practitioner (8) 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 entity is a CCS business; and (c) the Accreditation Rules provide for accreditation of CCS practitioners; and (d) the individual is not a CCS practitioner; and (e) 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. Penalty: (a) for an individual—50 penalty units; or (b) for a body corporate—250 penalty units. (9) Subsection (8) does not apply to a person if, at or before the time that the individual provided the children’s contact service as mentioned in paragraph (8)(a), 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 this subsection (see subsection 13.3(3) of the Criminal Code). Strict liability (10) Strict liability applies to subsections (1), (2), (3), (5), (6) and (8). Mistake of fact defences (11) For the purposes of subsections (4), (7) and (9), a person may be regarded as having considered whether or not the individual was a CCS practitioner, or the entity was a CCS business, (as applicable) if: (a) the person had considered on a previous occasion whether that was the case in the circumstances surrounding that occasion; and (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.