Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKING WITH CHILDREN ACT 2005 - SECT 9

What is child-related work?

S. 9(1) amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 48.2), 79/2006 s. 62(1), 56/2007 s. 4(2), 65/2011 s. 107(Sch. item 16), substituted by No. 66/2014 s. 9(1) (as amended by No. 20/2015 s. 40).

    (1)     For the purposes of this Act, child-related work is work

        (a)     at or for a service, body or place, or that involves an activity, specified in subsection (3); and

S. 9(1)(b) amended by No. 72/2016 s. 6(1).

        (b)     that usually involves direct contact with a child.

Example to s. 9(1) substituted by No. 56/2007 s. 4(1), amended by No. 66/2014 s. 9(2).

Example

A is employed as a nurse in the Geriatric ward of a public hospital. One day, a nurse who usually works in the Paediatric ward is unwell and A works in that nurse's place for that day. A is not engaged in child-related work as A's work does not usually involve direct contact with children.

Notes to s. 9(1) substituted
as Note by No. 66/2014 s. 9(3).

Note

Direct contact is defined in section 3(1).

S. 9(1A) inserted by No. 66/2014 s. 9(4).

    (1A)     For the purposes of this Act, work is not child‑related work by reason only of occasional direct contact with children that is incidental to the work.

S. 9(2) amended by Nos 51/2010 s. 4(1), 66/2014 s. 9(5) (7), repealed by No. 72/2016 s. 6(2).

    *     *     *     *     *

S. 9(3) amended by Nos 79/2006 s. 62(2), 66/2014 s. 9(8).

    (3)     The services, bodies, places or activities referred to in subsection (1)(a) are—

        (a)     child protection services;

        (b)     child care services mentioned in section 194(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;

        (c)     children's services within the meaning of the Children's Services Act 1996 ;

S. 9(3)(ca) inserted by No. 80/2011 s. 79(Sch. item 9).

        (ca)     education and care services within the meaning of the Education and Care Services National Law (Victoria);

        (d)     educational institutions;

S. 9(3)(e) amended by Nos 48/2006 s. 42(Sch. item 39.2), 51/2010 s. 4(2)(a).

        (e)     out of home care services, remand centres, youth residential centres, youth supervision units or youth justice centres, within the meaning of the Children, Youth and Families Act 2005 or probation services under that Act;

        (f)     refuges or other residential facilities used by children;

S. 9(3)(fa) inserted by No. 66/2014 s. 9(9).

        (fa)     accommodation services specifically provided for students in connection with the operation of a student exchange program under Part 4.5A of the Education and Training Reform Act 2006 , including the provision by a person of accommodation in the person's home;

S. 9(3)(g) amended by No. 51/2010 s. 4(2)(b).

        (g)     paediatric wards of public hospitals within the meaning of the Health Services Act   1988 or of denominational or private hospitals within the meaning of that Act;

        (h)     clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;

              (i)     religious organisations;

        (j)     baby sitting or child minding services arranged by a commercial agency;

        (k)     fostering children;

        (l)     providing, on a publicly-funded or commercial basis, a transport service specifically for children;

S. 9(3)(m) amended by Nos 56/2007 s. 4(3), 66/2014 s. 9(10).

        (m)     coaching or tuition services of any kind specifically for children;

        (n)     counselling or other support services for children;

        (o)     overnight camps for children regardless of the type of accommodation or of how many children are involved;

        (p)     school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;

        (q)     providing, on a commercial basis and not merely incidentally to or in support of other business activities, an entertainment or party service specifically for children;

        (r)     providing, on a commercial basis and not merely incidentally to or in support of other business activities, gym or play facilities specifically for children;

Example

The provision of play facilities for children by a fast‑food business may be merely incidental to the business of providing food.

        (s)     providing, on a commercial basis and not merely incidentally to or in support of other business activities, photography services specifically for children;

        (t)     talent or beauty competitions held for children on a commercial basis and not merely incidentally to or in support of other business activities.

S. 9(3A) inserted by No. 79/2006 s. 62(3), repealed by No. 66/2014 s. 9(11).

    *     *     *     *     *

S. 9(4) substituted by No. 66/2014 s. 9(12).

    (4)     Subject to subsection (5) but despite any other provision of this section, for the purposes of this Act, work engaged in as a minister of religion is child-related work unless any direct contact with children during the work engaged in as a minister of religion is only occasional direct contact that is incidental to that work.

S. 9(5) substituted by No. 66/2014 s. 9(13).

    (5)     Despite any other provision of this section, if a minister of religion is the appointed leader of a local religious congregation in an organised religious institution and the congregation contains any children, work engaged in as a minister of religion is child-related work.

S. 9(6) repealed by No. 66/2014 s. 9(14),
new s. 9(6) inserted by No. 72/2016 s. 22(1).

    (6)     Despite any other provision of this section, a person is engaged in child-related work if—

        (a)     the person is a family member or other person of significance to a child; and

        (b)     the child is or has been placed in the out of home care of that person under the  Children, Youth and Families Act 2005 .

    (7)     For the purposes of this Act, a person is engaged in child-related work if he or she is employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

S. 9(8) substituted by No. 56/2007 s. 4(4).

    (8)     For the purposes of this Act, a person is not engaged in child-related work merely because he or she—

        (a)     is participating in an activity with a child on the same basis as the child; or

Example to s. 9(8)(a) amended by No. 51/2010 s. 4(3).

Example

An adult playing in a cricket team whether on a professional or amateur basis alongside a child is not engaging in child-related work.

        (b)     is supervising a child undertaking practical training as part of an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006 .

S. 9(9) inserted by No. 72/2016 s. 22(2).

    (9)     In this section—

"out of home care" means care of a child by a person other than a parent of the child.

Note to s. 9 inserted by No. 26/2010 s. 36(1).

Note

Section 19A of the Child Employment Act 2003 extends the application of this Act to the supervision of a child in employment that requires a permit under that Act as if the supervision were child-related work under this Act.

The Child Employment Act 2003 applies to a child of or over 14 years of age and under 15 years of age undertaking a work experience arrangement referred to in section 5.4.11(4) of the Education and Training Reform Act 2006 .

The operation of the Child Employment Act 2003 and its application to this Act has the effect that the supervision of the employment of a child undertaking that work experience arrangement is child-related work within the meaning of this
Act.

Section 19A of the Child Employment Act 2003 provides that this is the case despite the general exclusions in sections 9(1)(b) and 9(8)(b) of this Act for work experience arrangements.

Pt 2 Div. 2 (Heading) inserted by No. 66/2014 s. 10.

Division 2—Applications for working with children   check



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback