Section 2022 - Working with Children (Criminal Record Checking) Act 2004 - Amendment Act means the *Working with Children (Criminal Record Checking) Amendment Act 2022*; | Zoe
2022 Amendment Act means the Working with Children (Criminal Record Checking) Amendment Act 2022;
commencement day means the day on which section 44 of the 2022 Amendment Act comes into operation;
former classification provisions means section 7, and Schedules 1 and 2, as in force immediately before commencement day;
new classification provisions means section 7, and Schedules 1 and 2, as in force on and after commencement day;
pre‑commencement assessment application means an application for an assessment notice that is pending immediately before commencement day;
pre‑commencement cancellation application means an application for the cancellation of a negative notice under section 19 that is pending immediately before commencement day.
[Section 62 inserted: No. 47 of 2022 s. 44.]
Subdivision 2 — Classification of offences
63. Pre‑commencement assessment applications
(1) This section applies to a person who has a pre‑commencement assessment application.
(2) Subject to this Subdivision, the former classification provisions continue to apply to and in relation to the person until the CEO makes a decision under section 12 in relation to the application and then —
(a) if an assessment notice is issued — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first); or
(ii) if an assessment notice is issued as a result of a review or appeal — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first).
[Section 63 inserted: No. 47 of 2022 s. 44.]
64. Pre‑commencement cancellation applications
(1) This section applies to a person who has a pre‑commencement cancellation application.
(2) Subject to this Subdivision, the former classification provisions continue to apply to and in relation to the person until the CEO makes a decision on the application and then —
(a) if an assessment notice is issued — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first); or
(b) if the application is unsuccessful —
(ii) if an assessment notice is issued as a result of a review or appeal — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first).
[Section 64 inserted: No. 47 of 2022 s. 44.]
65. Decision to act under s. 17(3)(d)
(a) the person is subject to a decision of the CEO to act under section 17(3)(d) made before commencement day; and
(b) the CEO has not made a decision under section 12 in respect of the person before commencement day.
(2) Subject to this Subdivision, the former classification provisions continue to apply to and in relation to the person until the CEO makes a decision under section 12 and then —
(a) if an assessment notice is issued — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first); or
(ii) if an assessment notice is issued as a result of a review or appeal — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first).
[Section 65 inserted: No. 47 of 2022 s. 44.]
66. Decision to act under s. 20
(a) the person is subject to a decision of the CEO to act under section 20 made before commencement day; and
(b) the processes provided for, or referred to, in section 20 (the relevant processes) have not been completed in respect of the person immediately before commencement day.
(2) Subject to this Subdivision, the former classification provisions continue to apply to and in relation to the person until the relevant processes are completed and then —
(a) if an assessment notice is issued — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first); or
(b) if a negative notice is issued or is not cancelled —
(ii) if an assessment notice is issued as a result of a review or appeal — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first).
[Section 66 inserted: No. 47 of 2022 s. 44.]
67. Processes associated with s. 32
(a) the person is the subject of a notice given to the CEO before commencement day that the CEO must treat under section 32(1) as an application for an assessment notice; and
(b) the CEO has not made a decision under section 12 in respect of the person before commencement day.
(2) Subject to this Subdivision, the former classification provisions continue to apply to and in relation to the person until the CEO makes a decision under section 12 and then —
(a) if an assessment notice is issued — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first); or
(ii) if an assessment notice is issued as a result of a review or appeal — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first).
[Section 67 inserted: No. 47 of 2022 s. 44.]
68. Proceedings before State Administrative Tribunal or court
(1) Subject to this Subdivision, the former classification provisions continue to apply (to the extent relevant) to and in relation to a person who is the subject of proceedings before the State Administrative Tribunal or a court under or in respect of this Act that were commenced —
(a) before commencement day; or
(b) on or after commencement day if the proceedings relate to —
(i) any proceedings commenced before commencement day; or
(ii) any matter where the right to commence those proceedings arose before commencement day and the period for commencing those proceedings had not expired before commencement day; or
(iii) any matter where the right to commence those proceedings expired before commencement day but the State Administrative Tribunal or a court grants an extension of time to commence those proceedings; or
(iv) any matter to which subsection (4) or any of sections 63 to 67 apply.
(2) Subsection (1)(b)(i) and (ii) extend to a case where the period for commencing proceedings expires and the State Administrative Tribunal or a court grants an extension of time to commence the proceedings.
(3) The former classification provisions apply under subsection (1) pending the outcome of the proceedings (and subject to subsection (4) and the other provisions of this Subdivision).
(4) Subject to this Subdivision —
(a) if, as a result of proceedings referred to in subsection (1), an assessment notice is issued to the person who was the subject of the proceedings, the former classification provisions continue to apply to and in relation to the person until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first); and
(b) if, as a result of proceedings referred to in subsection (1), a negative notice still applies in relation to the person who was the subject of the proceedings, the former classification provisions continue to apply to and in relation to the person —
(ii) if an assessment notice is issued as a result of a review or appeal — until that assessment notice ceases to have effect or the person applies for a further assessment notice under Part 2 Division 1 (whichever occurs first).
[Section 68 inserted: No. 47 of 2022 s. 44.]
69. Rights of review and appeal: related provision
(1) This section applies if a provision of this Subdivision provides that the former classification provisions continue to apply to and in relation to a person until all rights of review and appeal have been exhausted.
(2) Subject to this Subdivision, if the State Administrative Tribunal or a court grants an extension of time to commence review or appeal proceedings, the former classification provisions continue to apply to and in relation to the person pending the outcome of those proceedings.
[Section 69 inserted: No. 47 of 2022 s. 44.]
70. Rights of review and appeal no longer apply if application made under s. 19 or 20
If a person to whom a negative notice has been issued applies to the CEO on or after commencement day for the notice to be cancelled under section 19 or 20 —
(a) all rights of review and appeal in relation to the negative notice are taken to have been exhausted for the purposes of this Subdivision; and
(b) the former classification provisions cease to apply to and in relation to the person.
[Section 70 inserted: No. 47 of 2022 s. 44.]
71. Application of new classification provisions
(1) Despite any other section in this Subdivision, the new classification provisions apply to and in relation to a person if the person is charged with, or convicted of, an offence on or after commencement day that is classified as a Class 1 offence or a Class 2 offence under those provisions.
(2) Despite any other section in this Subdivision, the new classification provisions apply to and in relation to a person if the person is subject to a decision of the CEO to act under section 17(3)(d) or 17B(2)(b) made on or after commencement day.
(3) If the new classification provisions apply to a person by operation of subsection (1) or (2), a classification of an offence by virtue of those provisions applies to and in relation to the person even if the offence was not a Class 1 offence or a Class 2 offence (as the case may be) at the time when the offence was committed or allegedly committed.
[Section 71 inserted: No. 47 of 2022 s. 44.]
Subdivision 3 — Other provisions
72. Application of amended s. 12
Section 12, as in force on and after commencement day, applies to and in relation to a person who is subject to Subdivision 2.
[Section 72 inserted: No. 47 of 2022 s. 44.]
73. Processes associated with interim negative notice
(1) Section 13, as in force immediately before commencement day, continues to apply in relation to an interim negative notice issued before commencement day.
(2) Unless subsection (1) applies, section 13AA applies to and in relation to the following —
(a) a pre‑commencement assessment application;
(b) a decision of the CEO to act under section 17(3)(d) if the CEO has not made a decision under section 12 before commencement day;
(c) a decision by the CEO to act under section 20 before commencement day if the correct notice to be substituted would be a negative notice and the CEO has not made a decision under that section before commencement day;
(d) a notice that the CEO must treat under section 32(1) as an application for an assessment notice if the CEO has not made a decision under section 12 before commencement day.
[Section 73 inserted: No. 47 of 2022 s. 44.]
74. Application of Part 3B
The powers conferred by Part 3B may be exercised in relation to a suspected offence under this Act, or other conduct, whether occurring before, on or after commencement day.
[Section 74 inserted: No. 47 of 2022 s. 44.]
75. Disclosure of information by CEO
(1) This section applies if the CEO has given a notice to a person under section 38(2) or (3) before commencement day.
(2) Despite the repeal of section 38 by the 2022 Amendment Act, the CEO must comply with subsection (4) of that section if circumstances referred to in that subsection occur on or after commencement day.
[Section 75 inserted: No. 47 of 2022 s. 44.]
76. Transitional regulations
specified means specified or described in the regulations;
transitional matter —
(a) means a matter or issue of a transitional nature that arises as a result of any of the amendments to this Act made by the 2022 Amendment Act; and
(b) includes a saving or application matter.
(2) If there is not sufficient provision in this Division for dealing with a transitional matter, the regulations may prescribe all matters that are required, necessary or convenient to be prescribed for dealing with the matter.
(3) If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than commencement day, the regulations have effect according to their terms.
(4) If regulations made under subsection (2) contain a provision of a kind described in subsection (3), the provision does not operate so as —
(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
[Section 76 inserted: No. 47 of 2022 s. 44.]
Schedule 1 — Class 1 offences
[s. 7(1)]
[Heading inserted: No. 47 of 2022 s. 45.]
| Enactment | Description of offence | Conditions |
| The Criminal Code | | |
| s. 181 | Carnal knowledge of animal | |
| s. 186(1) | Occupier or owner allowing child to be on premises for unlawful carnal knowledge | |
| s. 187(2) | Facilitating sexual offence against child outside Western Australia | |
| s. 191 | Procuring person to be prostitute | The victim is a child |
| s. 192 | Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug | The victim is a child |
| s. 204A(2) | Showing offensive material to child under 16 | The offensive material is child exploitation material as defined in The Criminal Code section 217A<br>The offence does not fall within the ambit of section 7(3) |
| s. 204B | Using electronic communication to procure, or expose to indecent matter, child under 16 | The offence does not fall within the ambit of section 7(3) |
| s. 217 | Involving child in child exploitation | The offence does not fall within the ambit of section 7(3) |
| s. 218 | Producing child exploitation material | The offence does not fall within the ambit of section 7(3) |
| s. 219 | Distributing child exploitation material | The offence does not fall within the ambit of section 7(3) |
| s. 220 | Possession of child exploitation material | The offence does not fall within the ambit of section 7(3) |
| s. 279 | Murder | The victim is a child |
| s. 294 | Act intended to cause grievous bodily harm or prevent arrest | The victim is a child |
| s. 305 | Setting dangerous thing | The intended victim is a child |
| s. 306(2) | Female genital mutilation | The victim is a child |
| s. 306(4) | Female genital mutilation – taking or arranging for child to be taken from the State | |
| s. 317A(b) | Assault with intent to do grievous bodily harm | The victim is a child |
| s. 320 | Sexual offences against child under 13 | |
| s. 321 | Sexual offences against child of or over 13 and under 16 | The offence does not fall within the ambit of section 7(3) |
| s. 321A(4) | Persistent sexual conduct with child under 16 | The offence does not fall within the ambit of section 7(3) |
| s. 322 | Sexual offences against child of or over 16 by person in authority etc. | |
| s. 323 | Indecent assault | The victim is a child<br>The offence does not fall within the ambit of section 7(3) |
| s. 324 | Aggravated indecent assault | The victim is a child<br>The offence does not fall within the ambit of section 7(3) |
| s. 325 | Sexual penetration without consent | The victim is a child<br>The offence does not fall within the ambit of section 7(3) |
| s. 326 | | Aggravated sexual penetration without consent | The victim is a child<br>The offence does not fall within the ambit of section 7(3) |
| s. 327 | | Sexual coercion | The victim is a child |
| s. 328 | | Aggravated sexual coercion | The victim is a child |
| s. 329(2) | Sexually penetrating child known to be lineal relative or de facto child | |
| s. 329(3) | Procuring, inciting or encouraging child known to be lineal relative or de facto child to engage in sexual behaviour | |
| s. 329(4) | Indecently dealing with child known to be lineal relative or de facto child | |
| s. 329(5) | Procuring, inciting or encouraging child known to be lineal relative or de facto child to do indecent act | |
| s. 329(6) | Indecently recording child known to be lineal relative or de facto child | |
| s. 330 | Sexual offences against incapable person | |
| s. 331B | Sexual servitude | The victim is a child or an incapable person |
| s. 331C(2) | Conducting business involving sexual servitude | The victim is a child or an incapable person |
| s. 331D | Deceptive recruiting for commercial sexual services | The victim is a child or an incapable person |
| s. 332 | Kidnapping | The victim is a child and the offence is committed by a person other than a relative of the child |
| s. 343 | Child stealing | The offence is committed by a person other than a relative of the child |
| repealed s. 278 (as read with repealed s. 282) | Wilful murder | The victim is a child |
| repealed s. 281A (as read with repealed s. 287A) | Infanticide | |
| Children and Community Services Act 2004 | | |
| s. 192 | Employing child, or permitting child to be employed, to perform in indecent, obscene or pornographic manner | |
| Classification (Publications, Films and Computer Games) Enforcement Act 1996 | | |
| s. 59(1) | Possessing or copying indecent or obscene article with intent to sell or supply, or selling or supplying, or offering to sell or supply, indecent or obscene article | The article is child exploitation material as defined in The Criminal Code section 217A |
| s. 59(3) or (4) | Displaying, exhibiting or demonstrating indecent or obscene article in specified circumstances | The article is child exploitation material as defined in The Criminal Code section 217A |
| s. 59(5) | Possessing or copying indecent or obscene article | The article is child exploitation material as defined in The Criminal Code section 217A<br>The offence does not fall within the ambit of section 7(3) |
| s. 101(1) | Using computer service to transmit, obtain, demonstrate, advertise or request objectionable material | The material is child exploitation material as defined in The Criminal Code section 217A |
| repealed s. 60 | Child pornography | The offence does not fall within the ambit of section 7(3) |
| Prostitution Act 2000 | | |
| s. 16 | Causing, permitting or seeking to induce child to act as prostitute | |
| s. 17(1) | Obtaining payment for prostitution by child | |
| s. 18(1) | Agreement for prostitution of child | |
[Schedule 1 inserted: No. 47 of 2022 s. 45.]
Schedule 2 — Class 2 offences
[s. 7(2)]
[Heading inserted: No. 47 of 2022 s. 45.]
| Enactment | Description of offence | Conditions |
| The Criminal Code | | |
| s. 192 | Procuring person to have unlawful carnal knowledge by threat, fraud or administering drug | The victim is a person other than a child |
| s. 204A(2) | Showing offensive material to child under 16 | The offensive material is child exploitation material as defined in The Criminal Code section 217A<br>The offence falls within the ambit of section 7(3) |
| s. 204B | Using electronic communication to procure, or expose to indecent matter, child under 16 | The offence falls within the ambit of section 7(3) |
| s. 217 | Involving child in child exploitation | The offence falls within the ambit of section 7(3) |
| s. 218 | Producing child exploitation material | The offence falls within the ambit of section 7(3) |
| s. 219 | Distributing child exploitation material | The offence falls within the ambit of section 7(3) |
| s. 220 | Possession of child exploitation material | The offence falls within the ambit of section 7(3) |
| s. 221BD(2) | Distribution of intimate image | The image is of a child |
| s. 279 | Murder | The victim is a person other than a child |
| s. 280 | Manslaughter | |
| s. 281 | Unlawful assault causing death | |
| s. 284(3)(c) | Culpable driving (not of motor vehicle or vessel) causing death | |
| s. 284(3)(d) | Culpable driving (not of motor vehicle or vessel) causing grievous bodily harm | |
| s. 288 | Procuring, counselling or aiding another to commit suicide | |
| s. 290 | Preventing birth of live child | |
| s. 292 | Disabling in order to commit indictable offence | |
| s. 293 | Stupefying in order to commit indictable offence | |
| s. 294 | Act intended to cause grievous bodily harm or prevent arrest | The victim is a person other than a child |
| s. 297 | Grievous bodily harm | |
| s. 298 | Suffocation and strangulation | |
| s. 300 | Persistent family violence | One or more of the prescribed offences under The Criminal Code section 299 are offences listed in Schedule 1 or this Schedule |
| s. 301 | Wounding and similar acts | |
| s. 305 | Setting dangerous thing | The intended victim is a person other than a child |
| s. 306(2) | Female genital mutilation | The victim is a person other than a child |
| s. 317A(b) | Assault with intent to do grievous bodily harm | The victim is a person other than a child |
| s. 321 | Sexual offences against child of or over 13 and under 16 | The offence falls within the ambit of section 7(3) |
| s. 321A(4) | Persistent sexual conduct with child under 16 | The offence falls within the ambit of section 7(3) |
| s. 323 | Indecent assault | The victim is a person other than a child<br>or<br>The offence falls within the ambit of section 7(3) |
| s. 324 | Aggravated indecent assault | The victim is a person other than a child<br>or<br>The offence falls within the ambit of section 7(3) |
| s. 325 | Sexual penetration without consent | The victim is a person other than a child<br>or<br>The offence falls within the ambit of section 7(3) |
| s. 326 | Aggravated sexual penetration without consent | The victim is a person other than a child<br>or<br>The offence falls within the ambit of section 7(3) |
| s. 327 | Sexual coercion | The victim is a person other than a child |
| s. 328 | Aggravated sexual coercion | The victim is a person other than a child |
| s. 329(7) | Sexually penetrating person of or over 18 known to be lineal relative | |
| s. 329(8) | Consenting to being sexually penetrated by person known to be lineal relative | |
| s. 331B | Sexual servitude | The victim is a person other than a child or an incapable person |
| s. 331C(2) | Conducting business involving sexual servitude | The victim is a person other than a child or an incapable person |
| s. 331D | Deceptive recruiting for commercial sexual services | The victim is a person other than a child or an incapable person |
| s. 332 | Kidnapping | The victim is a person other than a child<br>or<br>The victim is a child and the offence is committed by a relative of the child |
| s. 343 | Child stealing | The offence is committed by a relative of the child |
| repealed s. 278 (as read with repealed s. 282) | Wilful murder | The victim is a person other than a child |
| Animal Welfare Act 2002 | | |
| s. 19 | Cruelty to animals | This item does not apply if the CEO is satisfied that the offence did not involve serious cruelty to an animal |
| Children and Community Services Act 2004 | | |
| s. 101(1) | Failing to protect child from significant harm | |
| s. 102 | Leaving child unsupervised in vehicle | |
| Classification (Publications, Films and Computer Games) Enforcement Act 1996 | | |
| s. 59(5) | Possessing or copying indecent or obscene article | The article is child exploitation material as defined in The Criminal Code section 217A<br>The offence falls within the ambit of section 7(3) |
| repealed s. 60 | Child pornography | The offence falls within the ambit of section 7(3) |
| Disability Services Act 1993 | | |
| s. 53 | Offence of ill‑treatment | |
| Misuse of Drugs Act 1981 | | |
| s. 7B(4) | Selling drug paraphernalia to child | |
| repealed s. 19A(2) | Selling, or offering to sell, cannabis smoking paraphernalia to child | |
| repealed s. 19B(2) | Selling, or offering to sell, ice pipe to child | |
| Road Traffic Act 1974 | | |
| s. 59 | Dangerous driving causing death | |
| s. 59 | Dangerous driving causing grievous bodily harm | |
| Western Australian Marine Act 1982 | | |
| s. 75B(1) and (2) | Dangerous navigation of vessel occasioning death | |
| s. 75BA(1) and (2) | Dangerous navigation of vessel occasioning grievous bodily harm | |
[Schedule 2 inserted: No. 47 of 2022 s. 45; amended: No. 31 of 2023 s. 38(2) and (3).]
dline
Notes
This is a compilation of the Working with Children (Screening) Act 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Working with Children (Criminal Record Checking) Act 2004 1
65 of 2004
8 Dec 2004
s. 1 and 2: 8 Dec 2004; Act other than s. 1, 2 and 50‑52: 1 Jan 2006 (see s. 2 and Gazette 30 Dec 2005 p. 6875); s. 50‑52: 1 Jan 2007 (see s. 2 and Gazette 29 Dec 2006 p. 5867)
Criminal Code Amendment (Cyber Predators) Act 2006 s. 7
3 of 2006
30 Mar 2006
30 Mar 2006 (see s. 2(1))
Child Care Services Act 2007 Pt. 7 Div. 4
19 of 2007
3 Jul 2007
10 Aug 2007 (see s. 2(b) and Gazette 9 Aug 2007 p. 4071)
Criminal Law and Evidence Amendment Act 2008 s. 74
2 of 2008
12 Mar 2008
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559)
Criminal Law Amendment (Homicide) Act 2008 s. 40
29 of 2008
27 Jun 2008
1 Aug 2008 (see s. 2(c) and (d) and Gazette 22 Jul 2008 p. 3353)
Community Protection (Offender Reporting) Amendment Act 2008 s. 13
27 of 2008
1 Jul 2008
2 Jul 2008 (see s. 2(b))
Reprint 1: The Working with Children (Criminal Record Checking) Act 2004 as at 14 Nov 2008 (includes amendments listed above)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 140
8 of 2009
21 May 2009
22 May 2009 (see s. 2(b))
Working with Children (Criminal Record Checking) Amendment Act 2010 Pt. 2
7 of 2010
27 May 2010
6 Oct 2010 (see s. 2(b) and Gazette 5 Oct 2010 p. 5113)
Child Pornography and Exploitation Material and Classification Legislation Amendment Act 2010 s. 15
21 of 2010
7 Jul 2010
28 Aug 2010 (see s. 2(b) and Gazette 27 Aug 2010 p. 4105)
Cannabis Law Reform Act 2010 Pt. 6
45 of 2010
28 Oct 2010
1 Aug 2011 (see s. 2(b) and Gazette 29 Jul 2011 p. 3127)
Children and Community Services Amendment Act 2010 Pt. 2 Div. 2
49 of 2010
24 Nov 2010
31 Jan 2011 (see s. 2(b) and Gazette 28 Jan 2011 p. 241)
Misuse of Drugs Amendment Act (No. 2) 2010 Pt. 3
50 of 2010
24 Nov 2010
25 Nov 2010 (see s. 2(b))
Reprint 2: The Working with Children (Criminal Record Checking) Act 2004 as at 7 Jan 2011 (includes amendments listed above except those in the Cannabis Law Reform Act 2010 and Children and Community Services Amendment Act 2010)
Child Care Services Amendment Act 2011 Pt. 3
38 of 2011
4 Oct 2011
7 Jan 2012 (see s. 2(b) and Gazette 6 Jan 2012 p. 3)
Misuse of Drugs Amendment Act 2011 Pt. 5
56 of 2011
21 Nov 2011
30 Jan 2013 (see s. 2(b) and Gazette 29 Jan 2013 p. 324‑5)
Reprint 3: The Working with Children (Criminal Record Checking) Act 2004 as at 17 Feb 2012 (includes amendments listed above except those in the Misuse of Drugs Amendment Act 2011)
Education and Care Services National Law (WA) Act 2012 Pt. 4 Div. 9
11 of 2012
20 Jun 2012
1 Aug 2012 (see s. 2(c) and Gazette 25 Jul 2012 p. 3411)
Education and Care Services National Law (WA) Amendment Act 2018 Pt. 4
18 of 2018
7 Sep 2018
1 Oct 2018 (see s. 2(b)(i))
Historical Homosexual Convictions Expungement Act 2018 Pt. 5
20 of 2018
18 Sep 2018
15 Oct 2018 (see s. 2(b) and Gazette 12 Oct 2018 p. 4059)
Criminal Law Amendment (Intimate Images) Act 2019 Pt. 4
4 of 2019
26 Feb 2019
15 Apr 2019 (see s. 2(b) and Gazette 9 Apr 2019 p. 1041)
National Disability Insurance Scheme (Worker Screening) Act 2020 Pt. 7 Div. 2
48 of 2020
9 Dec 2020
1 Feb 2021 (see s. 2(1)(b) and SL 2021/4 cl. 2)
Working with Children (Criminal Record Checking) Amendment Act 2022 Pt. 2
47 of 2022
7 Dec 2022
1 Jul 2023 (see s. 2(b) and SL 2023/90 cl. 2)
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 28 and s. 412
10 of 2023
13 Apr 2023
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2)
Western Australian Marine Amendment Act 2023 s. 38
31 of 2023
11 Dec 2023
21 Dec 2023 (see s. 2(c) and SL 2023/202 cl. 2(a))
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
Commissioner for Children and Young People Act 2006 s. 65 (Sch. 1 cl. 3)
48 of 2006
4 Oct 2006
To be proclaimed (see s. 2)
Prostitution Amendment Act 2008 s. 35
13 of 2008
14 Apr 2008
To be proclaimed (see s. 2(b))
Evidence Act 2025 s. 492(1)
15 of 2025
25 Sep 2025
To be proclaimed (see s. 2(e))
Education and Care Services National Law Application Act 2026 Pt. 6 Div. 6
2 of 2026
31 Mar 2026
To be proclaimed (see s. 2(1)(d))
Other notes
Now known as the Working with Children (Screening) Act 2004; short title changed (see note under s. 1).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
2022 Amendment Act 62
ACC 34G(1)
another jurisdiction 4
approved 4
assessment notice 4
authorised entity 34F(1)
authorised officer 4
authorised purpose 34J
cancelled assessment notice 32A
CEO 4
CEO (Children and Community Services) 34H(1)
CEO (Education) 34A(1)
CEO (Health) 34A(1)
CEO (Justice) 4
CEO (NDIS) 34E(1)
charge 4
chief executive officer 45A(1)
child 4
child care service 4
child-related business 4
child-related employment 4
child-related work 4, 6(1)
Class 1 offence 4, 7(1)
Class 2 offence 4, 7(2)
Class 3 offence 4
commencement day 56, 62
Commissioner 4
conduct review authority 4
conduct review finding or outcome 4
contact 4
contact with a child 6(2)
continuing employee 60(4)
continuing minister of religion 59(1)
continuing operator 57(3)
continuing volunteer 58(1)
conviction 4
correct notice 20(1)
corresponding authority 4
corresponding law 4
criminal record 4
criminal record check 4
criminal records agency 4
defined period 26(1)
Department 4
designated authority 17(1A)
designated change 33A(2)
designated conduct review authority 17A(1)
designated information 17(1A)
document 45D(1)
DPP 34(1)
educational institution for children 4
education provider 4
employee 16(1)
employer 9B(5), 16(1), 22(1), 41(1), 43(1)
entry warrant 34J, 34V(1)
external government agency 4
first notice 20(2)
former classification provisions 62
give 45D(1)
government agency 4
interim negative notice 4
interstate screening agency 34E(1)
investigation 34J
justice authority 34ZA(1)
law 39A(1)
managerial officer 5(1)
negative notice 4
new classification provisions 62
new employee 60(4)
new operator 57(3)
non-conviction charge 4
officer of the Department 4
outcome 4
parent 4
pending charge 4
pre-commencement assessment application 62
pre-commencement cancellation application 62
prescribed authority 34H(1)
prescribed entity 34Z(1)
prescribed report 34C(1)
proposed employer 32A
public authority 4
public sector employee 45(2)
record 34J
related authority 17C(1)
relative 4
relevant authority 45A(1)
relevant conduct 4
relevant day 60A
relevant information 34A(1)
relevant processes 66(1)
relevant purpose 34I(1)
relevant record 34J
specified 4, 61(4), 76(1)
student 4
transitional matter 76(1)
work 4
WWC purpose 4
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.