Education Amendment Act 2010

69 New sections 319D to 319FE substituted

Sections 319D to 319F are repealed and the following sections substituted:

319D Police vetting of non-teaching and unregistered employees at licensed early childhood services

The service provider of a licensed early childhood service must obtain a Police vet of every person—

(a)

whom the service provider appoints, or intends to appoint, to a position at the early childhood service; and

(b)

who is to work at the service during normal opening hours; and

(c)

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

319E Police vetting of contractors and their employees who work at licensed early childhood services

(1)

The service provider of a licensed early childhood service must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to children at the service during normal opening hours.

(2)

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

319F Police vet must be obtained before person has unsupervised access to children

(1)

A Police vet required under section 319D or 319E must be obtained before the person has, or is likely to have, unsupervised access to children at the service during normal opening hours.

(2)

The service provider of a licensed early childhood service that is required under section 319D 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 service.

319FA Procedures relating to Police vets under section 319D or 319E

The service provider of a licensed early childhood service that applies for a Police vet of a person under section 319D or 319E—

(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.

Police vetting of household members for home-based services

319FB Police vetting of adult members of household where licensed home-based education and care service provided

(1)

The service provider of a licensed home-based education and care service must obtain a Police vet of every adult who lives in a home—

(a)

where the service is being provided; but

(b)

that is not the home of every child to whom the service is being provided.

(2)

In this section, adult means a person who is of or over the age of 17 years.

319FC When Police vet under section 319FB must be obtained

A Police vet required under section 319FB must be obtained before the adult is, or is likely to be, present when the service is being provided.

319FD Procedures relating to Police vets under section 319FB

The service provider of a licensed home-based education and care service that applies for a Police vet of a person under section 319FB—

(a)

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

(b)

must not take adverse action in relation to the person providing the education or care until the person who is the subject of the Police vet has—

(i)

validated the information contained in the vet; or

(ii)

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

Service provider to obtain further Police vets under this Part every 3 years

319FE Further Police vets to be obtained every 3 years

(1)

The service provider of a licensed early childhood service must obtain a further Police vet of every person—

(a)

on whom a Police vet has already been obtained under this Part by that service provider; and

(b)

who still works at the service, or lives in the home, as the case may be.

(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 319D or 319E would not be required if he or she were about to be appointed to a position at the licensed early childhood service or to work at the service at the time that the further Police vet would otherwise be required.