employment of other persons in
regulated employment
252 Application of div 3
This division does not apply to employment of a volunteer.
253 Continuing employment of certain regular employees
(1) This section applies if—
(a) a person (the employee) is employed in regulated employment under an agreement with another person (the employer); and
(b) after considering any agreement relating to the employment and the hours or times that the employee previously carried out work for the employer, the employer reasonably expects that the employee is likely to carry out work as part of the employment for the minimum frequency for regulated employment; and (c) the employee is neither of the following—
(i) a transitioning person;
(ii) the holder of a current positive exemption notice. (2) The employer must not continue to employ the employee in
regulated employment unless the employer has applied for an exemption notice, or further exemption notice, about the employee.
254 Starting employment of certain regular employees
(1) This section applies if—
(a) a person (the employee) is not employed in regulated employment but has previously been employed in regulated employment under 1 or more agreements with another person (the employer); and
(b) it is less than 1 year since the employee last carried out the regulated employment for the employer; and
(c) after considering any agreement relating to the proposed employment between the employer and employee and the employee’s employment during the period when the employee was last employed by the employer, the employer reasonably expects that the employee is likely to carry out work as part of the proposed employment for the minimum frequency for regulated employment. (2) The employer must not employ the employee in regulated
employment unless—
(a) the employee has a current positive exemption notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or
(b) the employee is a transitioning person, and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or
(c) the employer has applied for an exemption notice about the employee.
Note—
See section 249 for how the notification under paragraph (a) or (b) must be given.
255 Starting employment of new employees
(1) This section applies if—
(a) a person (the employee) is not employed in regulated employment; and
(b) another person (the employer) proposes to employ the employee in regulated employment; and
(c) after considering any agreement relating to the proposed employment between the employer and employee, the employer reasonably expects that the employee is likely to carry out work as part of the proposed employment for the minimum frequency for regulated employment; and
(d) section 254 does not apply to the proposed employment. (2) The employer must not employ the employee in regulated
employment unless—
(a) the employee has a current positive exemption notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or
(b) the employee is a transitioning person, and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or
(c) the employer has applied for an exemption notice about the employee.
Note—
See section 249 for how the notification under paragraph (a) or (b) must be given.
256 Prohibited employment
(1) This section applies if a person (the employee) does not have a current positive exemption notice.
(2) A person (the employer) must not employ, or continue to employ, the employee in regulated employment if—
(a) the employer has applied for an exemption notice about the employee and the chief executive gives the employer—
(i) a notice of deemed withdrawal relating to the employee other than under section 269; or
(ii) a notice of deemed withdrawal relating to the employee under section 269; or
Editor’s note—
section 269 (Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.)
(b) the employer is aware that a negative exemption notice or negative notice has been issued to the employee and the notice is current; or
(c) the employer has been given a notice in relation to the employee—
(i) under section 302; or
(ii) under section 339(3) because of a change in police information mentioned in section 339(3)(g). Editor’s note—
• section 302 (Cancelling positive exemption notice on holder’s request)
• section 339 (Chief executive to give notice to particular entities about a change in police information)
Maximum penalty—
(a) for paragraph (a)(i)—40 penalty units; or
Division 4
Obligations if holder of negative
notice or negative exemption
notice, or exemption notice
application is withdrawn
257 Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated employment etc.
(1) A person who holds a current negative exemption notice or current negative notice must not—
(a) sign an application about the person made by someone else under division 6; or
(b) make an application under division 7; or
(c) apply for, or start or continue in, regulated employment. Maximum penalty—500 penalty units or 5 years imprisonment.
Note—
See section 259 in relation to carrying on a regulated business.
(2) However, if the person held a positive exemption notice but a negative exemption notice was substituted for it under section 295, 297 or 299, a court may not find the person contravened subsection (1) unless the court is satisfied that written notice of the substitution was given to the person.
(3) Also, if the person held a positive notice but a negative notice or negative exemption notice was substituted for the positive notice under section 237, 239, 241 or 243, a court may not find the person contravened subsection (1) unless the court is satisfied that written notice of the substitution was given to the person.
258 Person who has withdrawn consent to employment screening not to start or continue in regulated employment
(1) This section applies if—
(a) an application about a person was made under division 6; and
(b) before an exemption notice was issued, the application was withdrawn under section 270 because the person’s consent to employment screening under this chapter was withdrawn under section 264 or 269.
(2) The person must not start or continue in regulated employment unless a positive exemption notice is issued to the person.
Maximum penalty—
(a) if the person’s consent to employment screening under this chapter was withdrawn under section 264—100 penalty units or 1 year’s imprisonment; or
(b) otherwise—500 penalty units or 5 years imprisonment.