16Meaning of “employee”
(1)
Employee, of a relevant
entity, means the following—
(a)
for a Schedule 1 entity—
(i)
an individual employed by, or in, the Schedule 1
entity, or
(ii)
if the entity is an individual—the
individual, or
(iii)
if an individual is engaged directly, or by a
third party, as a volunteer to provide services to children—the
volunteer, or
(iv)
if an individual is engaged directly, or by a
third party, as a contractor and the contractor holds, or is required to hold,
a working with children check clearance for the purpose of the
engagement—the contractor,
(b)
for a public authority—
(i)
an individual employed by, or in, the public
authority, or
(ii)
if the public authority is an
individual—the individual, or
(iii)
if an individual is engaged directly, or by a
third party, as a volunteer to provide services to children—the
volunteer, or
(iv)
if an individual is engaged directly, or by a
third party, as a contractor and the contractor holds, or is required to hold,
a working with children check clearance for the purpose of the
engagement—the contractor, or
(c)
for a religious body—an individual who
holds, or is required by the religious body to hold, a working with children
check clearance for the purpose of engagement with the religious
body.
(2)
For a public authority, a person is also an
employee of the authority if—
(a)
the person exercises official functions or acts
in a public official capacity in the service of the authority,
or
(b)
the person is otherwise in the service of the
Crown.
(3)
Also, for the purposes of this Part, an employee
includes—
(a)
a visiting health practitioner if the visiting
health practitioner holds, or is required to hold, a working with children
check clearance for the purpose of appointment with the entity,
and
(b)
a person employed under Part 2 of the Members of Parliament Staff Act 2013,
and the person is taken to be an employee of a public
authority.
(4)
If an employee is an employee of a Schedule 1
entity that is also a public authority, the provisions relating to the
Schedule 1 entity apply to the employee for this Part.
(5)
In this section—
health care
services means a service ordinarily provided by a health
practitioner.
health
practitioner has the same meaning as in the Health Practitioner Regulation National Law
(NSW).
visiting health
practitioner means a person who is appointed, employed,
contracted or otherwise engaged by a Schedule 1 entity to provide health care
services.
s 16: Am 2019 No 25,
Sch 5.10[4].