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Working With Children

It is an offence to engage in child related work without a clearance. This is pursuant to the Child Protection (Working with Children) Act 2012. The maximum penalty for this offence is a fine and or 2 years imprisonment.

Engaging in Child related work means to have face to face or physical contact with a child during the course of that work.

The Act considers that a "child" is any person under the age of 18.

Yes there are certain exemptions that apply; however the best yard stick is to consider whether you or your employee have ongoing face to face or physical contact with a child. It is best to talk this through with a lawyer if you are intending to rely on one of the exemptions.

If you have applied for a working with children check clearance number and it has been refused or you have been barred you do have options. You can apply for an enabling order an administrative review through the NCAT. Since the new legislation, a number of cases have been recently decided which provide us with some insight into the likelihood of success in any particular case.

Employers and Sporting clubs who rely on employees and volunteers working with children are expected to be compliant with the legislation, seeking out working with clearance check numbers from their staff/volunteers and checking through the on line portal of the Office of the Children 's Guardian to make sure the number is approved. There are strict penalties for failing to comply with the legislation and for failing to keep proper records of the mandatory on line checks.

Brady and Associates Lawyers are experienced in representing our clients at the NCAT (seeking reviews of the Office of Children's Guardian decisions), and in the Local court when charged with offences against the Working with Children's Check legislation.

If you are an Employee or Volunteer and you need to know your available options you are very welcome to call us (First half hour of conference free) on 95453273.

If you are an Employer or Sporting Club needing advice in this area, you are very welcome to call us on 95453273 and we will provide you with the information you need.

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