sec.175Clearance required to employ person in regulated employment

sec.175 Clearance required to employ person in regulated employment

A person (the employer ) must not employ, or continue to employ, another person (the employee ) in regulated employment unless— the employee holds a working with children clearance; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect. s 175 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 sub 2019 No. 18 s 17 amd 2020 No. 39 s 31 ; 2022 No. 7 s 96 (sec.175-ssec.1) A person (the employer ) must not employ, or continue to employ, another person (the employee ) in regulated employment unless— the employee holds a working with children clearance; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. (sec.175-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.

• (a) the employee holds a working with children clearance; and