sec.789APower to demand production of working with children card

### sec.789A Power to demand production of working with children card This section applies if a police officer knows or reasonably suspects— a person is the holder of a working with children card; and any of the following apply to the person— the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; the person is a disqualified person. The police officer may require the person to immediately give the working with children card to the police officer. The person must comply with the requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units. A police officer who is given a person’s working with children card under subsection (2) must give the person a receipt for the card. A police officer must give the working with children card to the chief executive (employment screening). A police officer may retain the working with children card until it is given to the chief executive (employment screening) under subsection (5) . For exercising a power under subsection (2) , the police officer is taken to be investigating a matter as mentioned in section 19 . In this section— chief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered. disqualified person means a disqualified person within the meaning of the Working with Children Check Act 2000 . disqualifying offence means a disqualifying offence within the meaning of the Working with Children Check Act 2000 . serious offence means a serious offence within the meaning of the Working with Children Check Act 2000 . working with children card see the Working with Children Check Act 2000 , schedule 7 . s 789A ins 2008 No. 18 s 50 amd 2010 No. 5 s 223 sub 2014 No. 28 s 105 sch 1 amd 2019 No. 18 s 86 (2) sch 2 ; 2020 No. 32 s 58 ; 2024 No. 50 s 140 sch 1; 2025 No. 20 s 20 sch 1; 2024 No. 49 s 130 sch 4 pt 2 , s 131 sch 5 (sec.789A-ssec.1) This section applies if a police officer knows or reasonably suspects— a person is the holder of a working with children card; and any of the following apply to the person— the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; the person is a disqualified person. (sec.789A-ssec.2) The police officer may require the person to immediately give the working with children card to the police officer. (sec.789A-ssec.3) The person must comply with the requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.789A-ssec.4) A police officer who is given a person’s working with children card under subsection (2) must give the person a receipt for the card. (sec.789A-ssec.5) A police officer must give the working with children card to the chief executive (employment screening). (sec.789A-ssec.6) A police officer may retain the working with children card until it is given to the chief executive (employment screening) under subsection (5) . (sec.789A-ssec.7) For exercising a power under subsection (2) , the police officer is taken to be investigating a matter as mentioned in section 19 . (sec.789A-ssec.8) In this section— chief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered. disqualified person means a disqualified person within the meaning of the Working with Children Check Act 2000 . disqualifying offence means a disqualifying offence within the meaning of the Working with Children Check Act 2000 . serious offence means a serious offence within the meaning of the Working with Children Check Act 2000 . working with children card see the Working with Children Check Act 2000 , schedule 7 . - (a) a person is the holder of a working with children card; and - (b) any of the following apply to the person— (i) the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; (ii) the person is a disqualified person. - (i) the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; - (ii) the person is a disqualified person. - (i) the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; - (ii) the person is a disqualified person.