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CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 124

What is child-related employment?

    (1)     Employment is child-related ( child-related employment ) if the employment involves contact with a child in relation to any of the following:

        (a)     child protection services;

        (b)     preschools, kindergartens or education and care services or childcare centres;

        (c)     family day care schemes;

        (d)     educational institutions for children;

        (e)     detention places under the Children and Young People Act 2008

;

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

        (g)     wards of public or private hospitals where children are ordinarily patients;

        (h)     clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement (including involvement of a voluntary nature);

              (i)     religious organisations;

        (j)     babysitting or childminding services arranged by a commercial agency;

        (k)     fostering children;

        (l)     providing public or private transport services for the transport of children;

        (m)     private tuition services of any kind for children arranged by a commercial agency;

        (n)     counselling or other support services for children;

        (o)     overnight camps, irrespective of the kind of accommodation or of how many children are involved;

        (p)     school-crossing services;

        (q)     before and after school care programs;

        (r)     school holiday vacation programs;

        (s)     approved training contracts under the Training and Tertiary Education Act 2003

;

        (t)     anything else prescribed by regulation for this section.

    (2)     In this section:

"childcare centre" includes a childcare centre within the meaning of the Children and Young People Act 2008

, section 733.

"contact" means any form of contact between a person and a child, and includes—

        (a)     any form of physical contact; and

        (b)     any form of oral communication, whether face-to-face or by telephone; and

        (c)     any form of written communication, including electronic communication.

educational institutions for children include the following:

        (a)     a government school or non-government school under the Education Act 2004

;

        (b)     a registered training organisation under the National Vocational Education and Training Regulator Act 2011

(Cwlth), section 3;

        (c)     a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011

(Cwlth).

"education and care service"—see the Education and Care Services National Law (ACT) , section 5.

Note     The Education and Care Services National Law (ACT) Act 2011

, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010

(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT) .

"family day care scheme"—see the Children and Young People Act 2008

, section 734.

"school-crossing services" means services provided by people to assist children to cross roads on their way to or from school.



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