❓ Mr. Simpson's question concerns the timing of amending regulations to the Working with Children (Criminal Record Checking) Regulations 2005, necessitated by the Children and Community Services Act 2004. The answer confirms the timeline and rationale for the separate amending regulations.
AnsweredQoN 1223Legislative Assembly
QuestionView source ↗
Separate amending Regulations ( Working with Children (Criminal Record Checking Amendment Regulations 2006) were gazetted on 28 February 2006. These amending Regulations were necessary to take into account new child care legislation (the Children and Community Services Act 2004) which came into effect on 1 March 2006. It was not possible to include these amendments in the original Regulations, as the Children and Community Services Act did not come into operation until 2 months after the Working with Children (Criminal Record Checking) Act . Parliamentary Counsel advised that the Regulations gazetted on 21 December 2005 could not include any references to the Children and Community Services Act 2004, as that Act was not in operation at that stage. The advice received by the Department was that separate amending regulations were necessary, and were to be gazetted at the same time as the commencement of that Act.
Parliamentary Counsel advised that the Regulations gazetted on 21 December 2005 could not include any references to the Children and Community Services Act 2004, as that Act was not in operation at that stage. The advice received by the Department was that separate amending regulations were necessary, and were to be gazetted at the same time as the commencement of that Act.
Parliamentary Counsel advised that the Regulations gazetted on 21 December 2005 could not include any references to the Children and Community Services Act 2004, as that Act was not in operation at that stage. The advice received by the Department was that separate amending regulations were necessary, and were to be gazetted at the same time as the commencement of that Act.
AnswerView source ↗
Answered
27 June 2006
Responded by
Minister for Community Development
Response time
14 days
The Regulations (
Working with Children (Criminal Record Checking) Regulations 2005)
were gazetted on 21 December 2005 in time for the commencement of the
Working with Children (Criminal Record Checking) Act
on 1 January 2006.
Separate amending Regulations (
Working with Children (Criminal Record Checking Amendment Regulations
2006) were gazetted on 28 February 2006. These amending Regulations were necessary to take into account new child care legislation (the
Children and Community Services Act
2004) which came into effect on 1 March 2006. It was not possible to include these amendments in the original Regulations, as the
Children and Community Services Act
did not come into operation until 2 months after the
Working with Children (Criminal Record Checking) Act
.
Parliamentary Counsel advised that the Regulations gazetted on 21 December 2005 could not include any references to the
Children and Community Services Act
2004, as that Act was not in operation at that stage. The advice received by the Department was that separate amending regulations were necessary, and were to be gazetted at the same time as the commencement of that Act.
Working with Children (Criminal Record Checking) Regulations 2005)
were gazetted on 21 December 2005 in time for the commencement of the
Working with Children (Criminal Record Checking) Act
on 1 January 2006.
Separate amending Regulations (
Working with Children (Criminal Record Checking Amendment Regulations
2006) were gazetted on 28 February 2006. These amending Regulations were necessary to take into account new child care legislation (the
Children and Community Services Act
2004) which came into effect on 1 March 2006. It was not possible to include these amendments in the original Regulations, as the
Children and Community Services Act
did not come into operation until 2 months after the
Working with Children (Criminal Record Checking) Act
.
Parliamentary Counsel advised that the Regulations gazetted on 21 December 2005 could not include any references to the
Children and Community Services Act
2004, as that Act was not in operation at that stage. The advice received by the Department was that separate amending regulations were necessary, and were to be gazetted at the same time as the commencement of that Act.
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