Working with Children (Criminal Record Checking) Amendment Bill 2009
Committee
Resumed from 25 March. The Deputy Chairman of Committees (Hon Michael Mischin) in the chair; Hon Robyn McSweeney (Minister for Child Protection) in charge of the bill.
Clause 4: Section 4 amended —
Progress was reported after the clause had been partly considered.
Clause put and passed.
Clause 5: Sections 9A and 9B inserted —
Hon ALISON XAMON: I asked a question, then I stopped and the debate ended. I was not able to get an answer. I do not have Hansard in front of me, but there was a question outstanding. Perhaps it is not the right time.
The DEPUTY CHAIRMAN (Hon Michael Mischin): Was it in the context of clause 4?
Hon ALISON XAMON: I was on my feet and time was called, but I was still waiting for an answer to that question.
The DEPUTY CHAIRMAN: It is unfortunate that the member did not rise to her feet when I was putting clause 4. The minister may be prepared to deal with the issue in this clause.
Hon ROBYN McSWEENEY: I will provide the member the answer to her question on clause 4. Section 12 of the act, both currently and as it is to be amended, requires decisions to be made about the particular or exceptional circumstances of a case. If a person has only minor drug offences, it is most unlikely that the offences would be of relevance to a decision under the Working with Children (Criminal Record Checking) Act. We all know about minor offences such as possession of marijuana as a young person, or similar. We cannot say that drug offences would never be relevant as part of the consideration of the whole cause. For example, if a person has harmed children in the past when under the influence of drugs, such as inappropriately dealing with a child, a recent history of drug taking may need to be considered as to whether there is an unacceptable risk of harm to the child.
Clause put and passed.
Clauses 6 to 28 put and passed.
Title put and passed.
Report
Bill reported, without amendment, and the report adopted.
Third Reading
Bill read a third time, on motion by Hon Robyn McSweeney (Minister for Child Protection), and transmitted to the Assembly.