New South Wales Consolidated Regulations

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CHILD PROTECTION (WORKING WITH CHILDREN) REGULATION 2013 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

1 Interpretation

(1) Words and expressions used in this Schedule have the same meaning as they have in Part 2 of Schedule 3 to the Act.
(2) In Part 2 of Schedule 3 to the Act--

"existing resident" means an adult who was, immediately before the commencement of Part 2 of the Act, residing at the home of an authorised carer (other than an authorised carer referred to in section 137(1)(a) of the Children and Young Persons (Care and Protection) Act 1998 ) or at a home where a home based education and care service or family day care service was provided.

2 Staged application of Act to volunteers and existing workers and others

(1) This clause applies to the following persons--
(a) workers engaged in child-related work as volunteers,
(b) existing child-related workers who continue in the employment of the existing employer,
(c) existing residents who continue to reside at the home of the same authorised carer or at the same home where a home based education and care service or family day care service was provided immediately before the commencement of Part 2 of the Act, and where that care or service continues to be provided,
(d) a person to whom clause 4 of Schedule 3 to the Act applies who is not exempted by that clause from having to comply with Division 2 of Part 2 of the Act.
(2) Until the end of the applicable compliance date specified by this clause for work done by a person, the person is not required to obtain or have a working with children check clearance in respect of that work and--
(a) in the case of a child-related worker, section 9 of the Act does not apply in respect of an employer of any such person, and
(b) in the case of an existing resident, section 10(2) of the Act does not apply to the applicable designated agency or the applicable approved provider.
(3) 15 June 2013 to 31 March 2014 compliance period On and from 31 March 2014, existing residents and all workers engaged in the following categories of child-related work are required to comply with Division 2 of Part 2 of the Act--
(a) work specified in clause 5 of this Regulation,
(b) work specified in clause 8 of this Regulation,
(c) work specified in clause 12 of this Regulation,
(d) work by persons specified in clause 13(a) of this Regulation,
(e) work specified in clause 16 of this Regulation,
(f) an authorised carer specified in section 6(3)(c) of the Act and adult persons residing in the same household.
(4) 1 April 2014 to 31 March 2015 compliance period On and from 31 March 2015, workers engaged in the following categories of child-related work are required to comply with Division 2 of Part 2 of the Act--
(a) work specified in clause 4 of this Regulation,
(b) work specified in clause 13(b) of this Regulation,
(c) work specified in clause 14 of this Regulation,
(d) work specified in clause 15 of this Regulation,
(e) principal officer of a designated agency specified in section 6(3)(e) of the Act,
(f) principal officer of an accredited adoption service provider specified in section 6(3)(f) of the Act.
(5) 1 April 2015 to 31 March 2016 compliance period On and from 31 March 2016, workers engaged in the following categories of child-related work are required to comply with Division 2 of Part 2 of the Act--
(a) work specified in clause 7 of this Regulation,
(b) work specified in clause 11 of this Regulation,
(c) assessment officer specified in section 6(3)(d) of the Act.
(d), (e)
(6) 1 April 2016 to 31 March 2017 compliance period On and from 31 March 2017, workers engaged in the following categories of child-related work are required to comply with Division 2 of Part 2 of the Act--
(a) work specified in clause 6 of this Regulation in hospitals and public health services in the following local health districts (other than work by visiting medical practitioners whose contracts are not due for renewal until 2017)--
(i) Central Coast Local Health District,
(ii) Hunter New England Local Health District,
(iii) Illawarra Shoalhaven Local Health District,
(iv) Mid North Coast Local Health District,
(v) Northern NSW Local Health District,
(vi) South Eastern Sydney Local Health District,
(b) work specified in clause 10 of this Regulation in secondary schools or as a school cleaner in a secondary school,
(c) work specified in clause 10 of this Regulation in vocational education institutions,
(d) work specified in clause 10 of this Regulation in private tuition or coaching.
(7) 1 April 2017 to 31 March 2018 compliance period On and from 31 March 2018, workers engaged in the following categories of child-related work are required to comply with Division 2 of Part 2 of the Act--
(a) work specified in clause 6 of this Regulation in hospitals and public health services provided by the following local health districts and corporations--
(i) Sydney Local Health District,
(ii) South Western Sydney Local Health District,
(iii) Western Sydney Local Health District,
(iv) Nepean Blue Mountains Local Health District,
(v) Murrumbidgee Local Health District,
(vi) Southern NSW Local Health District,
(vii) Western NSW Local Health District,
(viii) Far West Local Health District,
(ix) The Sydney Children's Hospitals Network (Randwick and Westmead),
(x) Justice Health and Forensic Mental Health Network,
(xii) Northern Sydney Local Health District,
(b) work specified in clause 6 of this Regulation in private health services (other than services provided in hospitals and public health services) and work by visiting medical practitioners specified in subclause (6)(a),
(c) work specified in clause 9 of this Regulation,
(d) work specified in clause 10 of this Regulation in educational institutions (other than those specified in subclause (6)) or as a school cleaner in an educational institution,
(e) an approved provider or manager of an education and care service specified in section 6(3)(a) of the Act,
(f) a nominated supervisor of an education and care service specified in section 6(3)(b) of the Act.
(7A) 1 April 2017 to 30 June 2018 compliance period On and from 30 June 2018, workers engaged in the following category of child-related work are required to comply with Division 2 of Part 2 of the Act--
work specified in clause 6 of this Regulation in hospitals and public health services provided by the Ambulance Service of New South Wales.
(8) If this clause specifies a date by which a person must comply with Division 2 of Part 2 of the Act in respect of specified work, the Children's Guardian is not required to deal with an application for a working with children check clearance for that work until the beginning of the period of 12 months preceding that date.
(9) This clause has effect despite any provision of Part 2 of Schedule 3 to the Act.
(9A) This clause does not apply to a person who--
(a) is a disqualified person, or
(b) has been subject to an interim bar, or
(c) has had an application for a working with children check clearance refused, or
(d) has had a working with children check clearance cancelled.
(10) In this clause--

"authorised carer" means an authorised carer referred to in section 137(1)(b) or (c) of the Children and Young Persons (Care and Protection) Act 1998 .

2A School cleaners employed after commencement of Part 2 of the Act and before 31 March 2014

(1) On and from 31 March 2014, workers engaged as school cleaners by an employer after the commencement of Part 2 of the Act are required to comply with Division 2 of Part 2 of the Act.
(2) Until 31 March 2014, a worker referred to in subclause (1) is not required to obtain or have a clearance in respect of that work and section 9 of the Act does not apply in respect of an employer of any such person.
(3) This clause has effect despite any provision of Part 2 of Schedule 3 to the Act.

2B Membership of governing body of certain agencies

(1) On and from 31 March 2015, a person who is a member of a governing body that is specified to be a child-related role by clause 16B of this Regulation is required to comply with Division 2 of Part 2 of the Act.
(2) Until 31 March 2015, a person referred to in subclause (1) is not required to obtain or have a clearance in respect of that role and section 9 of the Act does not apply in respect of an employer of any such person.

2C Principal officer of registered agency

(1) On and from 31 March 2015, a person in the role of principal officer of a registered agency within the meaning of clause 16C of this Regulation is required to comply with Division 2 of Part 2 of the Act.
(2) Until 31 March 2015, a person referred to in subclause (1) is not required to obtain or have a clearance in respect of that role and section 9 of the Act does not apply in respect of an employer of any such person.

2D Counselling, mentoring or distance education not involving direct contact

A person who is a worker providing ongoing counselling, mentoring or distance education for children that is specified to be a child-related role by clause 16D of this Regulation is required to comply with Division 2 of Part 2 of the Act.

3 Existing check applications

(1) This clause applies to a person who, immediately before the repeal of the former provisions, was a preferred applicant who was the subject of a request to the Commission for background checking, if the checking was requested more than 7 days before that repeal and was not completed before that repeal.
(2) The former provisions continue to apply in respect of the person's employment by the employer who sought the background checking and, for that purpose, the person is taken to be an existing child-related worker.
(3) The Children's Guardian may at any time determine that this clause is not to apply to a person if the Children's Guardian is of the opinion that the provisions of Division 2 of Part 2 of the Act should apply to the person.

4 Application of Act to potential adoptive parents

Section 11 of the Act does not apply in respect of a person referred to in subsection (1) of that section unless the person made an application referred to in that subsection on or after 1 July 2013.

5 Early application of Act

(1) The Children's Guardian may, by notice in writing to a person to whom clause 2-2D applies or an employer, require the person or a specified class of such persons engaged by the employer to comply with Division 2 of Part 2 of the Act.
(2) An employer who is given a notice under this clause must, by notice in writing, inform any person who belongs to the specified class of persons of the requirement to comply with Division 2 of Part 2 of the Act within the period specified by the Children's Guardian in the notice to the employer.
(3) A person who is given a notice under this clause, and any employer of that person--
(a) ceases to be subject to clause 2-2D of this Schedule, and
(b) is required to comply with Division 2 of Part 2 of the Act within the period specified in the notice.

5A Early application of Act--certain self-employed persons

(1) The Children's Guardian may, by notice in writing to a person to whom clause 4 of Schedule 3 to the Act applies, require the person to comply with Division 2 of Part 2 of the Act by a specified day.
(2) Clause 4 of Schedule 3 to the Act ceases to apply to the person on and from the specified day and the person must instead comply with Division 2 of Part 2 of the Act after the specified day.

6 Existing Tribunal proceedings

(1) This clause applies to an application made to the Commission or a relevant Tribunal by a prohibited person under section 33H(1) or 33I(1) of the Commission for Children and Young People Act 1998 that was made, but not finally determined, before the commencement of this Regulation.
(2) The Children's Guardian or relevant tribunal may continue to hear an application to which this clause applies in accordance with the provisions of the Commission for Children and Young People Act 1998 and any declaration made by the Children's Guardian or tribunal is taken to be an existing declaration for the purposes of clause 6 of Schedule 3 to the Act.
Note : Part 7 of the Commission for Children and Young People Act 1998 was repealed by the Act. The Children's Guardian will, instead of the Commission, hear applications that were made, but not finally determined, before the repeal of that Part in accordance with the repealed provisions.

7 Existing employees and residents

(1) This clause applies instead of clause 3 of Schedule 3 to the Act.
(2) An existing child-related worker is not required to obtain or have a working with children check clearance while the worker continues in the employment of an existing employer.
(3) For the purposes of this clause--
(a) a person in the Public Service is taken to have ceased to be employed by an existing employer if the person becomes a member of staff of a Government Department or agency that has a different ABN by way of an employee-initiated transfer, and
(b) a person employed in the NSW Health Service is taken to have ceased to be employed by an existing employer if the person ceases to be employed in the NSW Health Service.
(4) An existing resident who resides at the home of an authorised carer is not required to obtain or have a clearance until the authorised carer is required to obtain or have a clearance.
(5) An existing resident who resides at a home where a home based education and care service or family day care service is provided is not required to obtain or have a clearance until--
(a) the person who provides the education and care service or family day care service at that home is required to obtain or have a clearance, or
(b) 31 March 2014,
whichever occurs first.
(6) This clause does not apply to an existing child-related worker or an existing resident who--
(a) is a disqualified person, or
(b) has been subject to an interim bar, or
(c) has had an application for a working with children check clearance refused, or
(d) has had a working with children check clearance cancelled.
(7) This clause does not apply to a person in respect of work carried out by the person as a self-employed person.

7A Self-employed persons

Clause 4 of Schedule 3 to the Act does not apply to a person who--

(a) has been subject to an interim bar, or
(b) has had an application for a working with children check clearance refused, or
(c) has had a working with children check clearance cancelled.
Note : Clause 4 of Schedule 3 to the Act also does not apply to a disqualified person.

8 Application of change to disqualifying offences

(1) The amendments made by the Child Protection (Working with Children) Amendment (Miscellaneous) Regulation 2013 to Schedule 2 to the Act do not apply to or in respect of an application for a clearance made by a person before the commencement of that Regulation or to any subsequent application for a further clearance by that person.
(2) The amendment made by the Child Protection (Working with Children) Amendment Regulation 2014 to Schedule 2 to the Act does not apply to or in respect of an application for a clearance made by a person before the commencement of that Regulation or to any subsequent application for a further clearance by that person.



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