sec.176APerson prohibited from regulated employment without clearance

sec.176A Person prohibited from regulated employment without clearance

A person must not start or continue in regulated employment unless the person holds a working with children clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application and the application was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect. However, if the person’s working with children clearance was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance. s 176A ins 2019 No. 18 s 17 amd 2020 No. 39 s 32 ; 2022 No. 7 s 97 (sec.176A-ssec.1) A person must not start or continue in regulated employment unless the person holds a working with children clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. (sec.176A-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application and the application was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect. (sec.176A-ssec.3) However, if the person’s working with children clearance was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. (sec.176A-ssec.4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance.