sec.344AAChief executive to give notice to notifiable persons etc. about a change in police information

sec.344AA Chief executive to give notice to notifiable persons etc. about a change in police information

This section applies if the chief executive becomes aware that police information about a relevant person has changed. However, this section does not apply if— the change is that the relevant person has been charged with or convicted of a disqualifying offence; or the change is that the relevant person has become a disqualified person. If the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following— the relevant person’s name and identifying details; that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment; that the chief executive is making a decision under part 4 , division 9 about the relevant person; an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section; if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence; if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment. If the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board. An employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment. An employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4) . In this section— employer means a person who employs a relevant person. relevant person means— a person who holds a working with children authority, other than an authority that is suspended under section 296 ; or a person who has made a working with children check application that has not been decided or withdrawn. s 344AA (prev s 339) ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 52 ; 2022 No. 7 s 121 (1) reloc and renum 2022 No. 7 s 121 (2) amd 2024 No. 50 s 99 ; 2024 No. 49 s 131 sch 5 (sec.344AA-ssec.1) This section applies if the chief executive becomes aware that police information about a relevant person has changed. (sec.344AA-ssec.2) However, this section does not apply if— the change is that the relevant person has been charged with or convicted of a disqualifying offence; or the change is that the relevant person has become a disqualified person. (sec.344AA-ssec.3) If the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following— the relevant person’s name and identifying details; that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment; that the chief executive is making a decision under part 4 , division 9 about the relevant person; an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section; if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence; if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment. (sec.344AA-ssec.4) If the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board. (sec.344AA-ssec.5) An employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.344AA-ssec.6) An employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4) . (sec.344AA-ssec.7) In this section— employer means a person who employs a relevant person. relevant person means— a person who holds a working with children authority, other than an authority that is suspended under section 296 ; or a person who has made a working with children check application that has not been decided or withdrawn.