Working with Children Check Act 2000
sch.1-sec.9Child accommodation services
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sch.1-sec.9 Child accommodation services
Employment is regulated employment if— the usual functions of the employment include, or are likely to include, a child accommodation service; or the employment includes providing services or conducting activities at an overnight camp or excursion for children. If accommodation constituting a child accommodation service is provided, or is to be provided, by a home stay provider, each adult residing in the home stay provider’s home, other than the home stay provider, is taken to be a volunteer who is engaged in regulated employment. For subsection (1) (b) , an overnight camp or excursion is regulated employment regardless of the type of accommodation or how many children are involved. However, employment mentioned in subsection (1) (a) or (2) is not regulated employment if the home stay provider is a relative of the child who receives the child accommodation service to which the employment relates. Also, employment mentioned in subsection (1) (b) is not regulated employment if— the employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and the employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact. In this section— home , of a person, includes the person’s principal place of residence and any holiday home of the person. home stay provider means a person who provides an accommodation service in the person’s home. sch 1 s 9 (prev sch 1 s 6B) ins 2004 No. 49 s 50 (3) amd 2010 No. 5 s 65 (17) renum 2010 No. 5 s 65 (28) sub 2024 No. 50 s 128 (sch.1-sec.9-ssec.1) Employment is regulated employment if— the usual functions of the employment include, or are likely to include, a child accommodation service; or the employment includes providing services or conducting activities at an overnight camp or excursion for children. (sch.1-sec.9-ssec.2) If accommodation constituting a child accommodation service is provided, or is to be provided, by a home stay provider, each adult residing in the home stay provider’s home, other than the home stay provider, is taken to be a volunteer who is engaged in regulated employment. (sch.1-sec.9-ssec.3) For subsection (1) (b) , an overnight camp or excursion is regulated employment regardless of the type of accommodation or how many children are involved. (sch.1-sec.9-ssec.4) However, employment mentioned in subsection (1) (a) or (2) is not regulated employment if the home stay provider is a relative of the child who receives the child accommodation service to which the employment relates. (sch.1-sec.9-ssec.5) Also, employment mentioned in subsection (1) (b) is not regulated employment if— the employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and the employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact. (sch.1-sec.9-ssec.6) In this section— home , of a person, includes the person’s principal place of residence and any holiday home of the person. home stay provider means a person who provides an accommodation service in the person’s home.