Education Amendment Act 2010

21 New sections 78C to 78CD substituted

Sections 78C to 78CB are repealed and the following sections substituted:

78C Police vetting of non-teaching and unregistered employees at schools

The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every person—

(a)

whom the board or the management appoints, or intends to appoint, to a position at the school; and

(b)

who is to work at the school during normal school hours; and

(c)

who is not a registered teacher or holder of a limited authority to teach.

78CA Police vetting of contractors and their employees who work at schools

(1)

The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to students at the school during normal school hours.

(2)

In this section, contractor means a person who, under contract (other than an employment contract), works at a school.

78CB Police vet must be obtained before person has unsupervised access to students

(1)

A Police vet required under section 78C or 78CA must be obtained before the person has, or is likely to have, unsupervised access to students at the school during normal school hours.

(2)

The board of a State school, or the management of a school registered under section 35A, that is required under section 78C to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the school.

78CC Further Police vets to be obtained under this Part every 3 years

(1)

The board of a State school, or the management of a school registered under section 35A, must obtain a further Police vet of every person on whom a Police vet has already been obtained under this Part by that board or management, as the case may be, and who still works at the school.

(2)

A further Police vet required under subsection (1) must be obtained on or about every third anniversary of any Police vet that has been previously conducted on the person.

(3)

The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 78C or 78CA would not be required if he or she were about to be appointed to a position at the school or to work at the school at the time that the further Police vet would otherwise be required.

78CD Procedures relating to Police vets

The board of a State school, or the management of a school registered under section 35A, that applies for a Police vet of a person—

(a)

must ensure that strict confidentiality is observed for Police vets; and

(b)

must not take adverse action in relation to a person who is the subject of a Police vet until—

(i)

the person has validated the information contained in the vet; or

(ii)

the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.