(1) If a relevant change in circumstances occurs with respect to a person who has a current assessment notice or who has applied for one and the application is still pending, that person must notify—
(a) the Secretary; and
(b) any person by whom he or she is engaged in child-related work; and
(c) any agency with which he or she is listed—
in writing of the change within 7 days after becoming aware of the change.
Penalty: Level 9 fine (60 penalty units maximum).
Listed with an agency is defined in section 3(2).
(2) For the purposes of subsection (1) a relevant change in circumstances is—
S. 20(2)(a) amended by No. 66/2014 s. 19(1).
(a) the person being charged with a category A offence or a category B offence; or
S. 20(2)(b) amended by No. 66/2014 s. 19(1).
(b) the person being convicted or found guilty of a category A offence or a category B offence or the charge being otherwise finally dealt with; or
(c) the person becoming subject to
reporting obligations imposed on him or her by
Part 3 of the Sex Offenders Registration Act 2004 ; or
S. 20(2)(d) amended by No. 21/2008 s. 25(2)(a).
(d) the person becoming subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 ; or
S. 20(2)(da) inserted by No. 91/2009 s. 219(Sch. 3 item 7.4).
(da) the person becoming subject to a supervision order or a detention order; or
S. 20(2)(db) inserted by No. 27/2018 s. 369(3).
(db) the person becoming subject to an emergency detention order; or
(e) a relevant finding being made against the person.
S. 20(3) amended by No. 68/2009 s. 97(Sch. item 136.6).
(3) In a proceeding for an offence against subsection (1) constituted by not notifying the Secretary of how a charge for an offence was finally dealt with, it is a defence to the charge for the accused to prove that—
S. 20(3)(a) amended by No. 68/2009 s. 97(Sch. item 136.7).
(a) he or she notified the Secretary of the filing of the charge-sheet containing the charge in accordance with subsection (1); and
S. 20(3)(b) amended by No. 66/2014 s. 19(2).
(b) the Secretary re-assessed under Division 5 his or her eligibility to have an assessment notice; and
(c) his or her assessment notice was not revoked following the re-assessment; and
S. 20(3)(d) substituted by No. 51/2010 s. 14.
(d) the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.
S. 20A inserted by No. 51/2010 s. 15.