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Public Sector Act 2022
sec.57Meaning of child-related duty
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### sec.57 Meaning of child-related duty
A duty to be performed in a public sector entity is a child-related duty if the chief executive of the entity decides under the suitability directive that—
the duty—
is to be performed at a place at which services are provided only or mainly to children; or
is to be performed in a role involving providing services only or mainly to children; or
involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and
it is necessary to conduct child-related employment screening, under the Working with Children Check Act 2000 , chapter 8 , of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.
However, the duty is not a child-related duty if the duty is likely to involve regulated employment.
See the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.
s 57 amd 2024 No. 49 s 130 sch 4 pt 1
(sec.57-ssec.1) A duty to be performed in a public sector entity is a child-related duty if the chief executive of the entity decides under the suitability directive that— the duty— is to be performed at a place at which services are provided only or mainly to children; or is to be performed in a role involving providing services only or mainly to children; or involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and it is necessary to conduct child-related employment screening, under the Working with Children Check Act 2000 , chapter 8 , of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.
(sec.57-ssec.2) However, the duty is not a child-related duty if the duty is likely to involve regulated employment. See the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.
- (a) the duty— (i) is to be performed at a place at which services are provided only or mainly to children; or (ii) is to be performed in a role involving providing services only or mainly to children; or (iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and
- (i) is to be performed at a place at which services are provided only or mainly to children; or
- (ii) is to be performed in a role involving providing services only or mainly to children; or
- (iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and
- (b) it is necessary to conduct child-related employment screening, under the Working with Children Check Act 2000 , chapter 8 , of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.
- (i) is to be performed at a place at which services are provided only or mainly to children; or
- (ii) is to be performed in a role involving providing services only or mainly to children; or
- (iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and