Working with Children Check Act 2000
sec.298Effect of suspension of working with children authority
Start here
Get a plain-English read of sec.298
Turn the raw legal text into a practical explanation grounded in Working with Children Check Act 2000.
sec.298 Effect of suspension of working with children authority
This section applies while the person’s working with children authority is suspended. See also chapter 7 , part 4 , division 4 for the effect of the suspension of a person’s working with children authority in relation to restricted employment. The person must not— start employment in regulated employment; or if the person is employed in regulated employment—perform work that is regulated employment; or start or continue to carry on a regulated business. Maximum penalty—500 penalty units or 5 years imprisonment. A person’s employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment. A person’s employer or potential employer who is given a notice about the suspension must not terminate the person’s employment solely or mainly because the person’s working with children authority is suspended. See also section 356 (4) . The working with children authority remains in force even if it would otherwise expire under section 238 (1) or 239 (1) . s 298 prev s 298 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 46A om 2019 No. 18 s 47 pres s 298 ins 2019 No. 18 s 48 amd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 61 (sec.298-ssec.1) This section applies while the person’s working with children authority is suspended. See also chapter 7 , part 4 , division 4 for the effect of the suspension of a person’s working with children authority in relation to restricted employment. (sec.298-ssec.2) The person must not— start employment in regulated employment; or if the person is employed in regulated employment—perform work that is regulated employment; or start or continue to carry on a regulated business. Maximum penalty—500 penalty units or 5 years imprisonment. (sec.298-ssec.3) A person’s employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.298-ssec.4) A person’s employer or potential employer who is given a notice about the suspension must not terminate the person’s employment solely or mainly because the person’s working with children authority is suspended. See also section 356 (4) . (sec.298-ssec.5) The working with children authority remains in force even if it would otherwise expire under section 238 (1) or 239 (1) .
- (a) start employment in regulated employment; or
- (b) if the person is employed in regulated employment—perform work that is regulated employment; or
- (c) start or continue to carry on a regulated business.