His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Commission for Children and Young People Act 1998.
BOB CARR, M.P.,Premier
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Commission for Children and Young People Regulation 2000.
2 Commencement
This Regulation commences on 3 July 2000.
3 Definitions
In this Regulation:hearing means a hearing held for the purposes of a special inquiry.the Act means the Commission for Children and Young People Act 1998.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
Part 2 Special inquiries by Commission
5 Right of appearance of affected person
If it is shown to the satisfaction of the Commission that any person is substantially and directly interested in the subject-matter of a special inquiry, the Commission may authorise the person to appear at the hearing or a specified part of the hearing.
6 Legal representation
(1) A person appearing at a hearing is not entitled to be represented by a legal practitioner unless the Commission authorises such representation.(2) The Commission is to give a person a reasonable opportunity to make submissions regarding representation by a legal practitioner.(3) The Commission is not to give an authorisation under subclause (1) unless satisfied that the authorisation is necessary or desirable in the public interest or for the safety, welfare or well-being of a child.
7 Restriction on publication of evidence
(1) The Commission may direct that:(a) any evidence given before the Commission at a private hearing, or(b) the contents of any document, or a description of any thing, produced to the Commission at a private hearing, or(c) any information that might enable a person who has given or may be about to give evidence at a private hearing to be identified or located, ormust not be published except in such manner, and to such persons, as the Commission specifies.(d) the fact that any person has given or may be about to give evidence at a private hearing,(2) The Commission is not to give a direction under this clause unless satisfied that the direction is necessary or desirable in the public interest or for the safety, welfare or well-being of a child.(3) A person must not make a publication in contravention of a direction given under this clause.Maximum penalty (subclause (3)): 20 penalty units.
Part 3 Employment screening
8 Meaning of “relevant disciplinary proceedings” not to include certain disciplinary proceedings
(1) Disciplinary proceedings based on false, vexatious or misconceived allegations For the purposes of Part 7 of the Act, disciplinary proceedings are not relevant disciplinary proceedings if there has been a finding in the proceedings that the allegations in respect of which they were brought were false, vexatious or misconceived.(2) Disciplinary proceedings relating to sexual misconduct not involving children For the purposes of Part 7 of the Act, disciplinary proceedings involving the sexual misconduct of the person against whom the proceedings were brought are not relevant disciplinary proceedings if:(a) a child was the not the victim of that misconduct, and(b) that misconduct was not directed at children, and(c) that misconduct did not occur in the presence of children.(3) Disciplinary proceedings relating to acts of violence not involving children For the purposes of Part 7 of the Act, disciplinary proceedings involving acts of violence of the person against whom the proceedings were brought are not relevant disciplinary proceedings if:(a) a child was the not the victim of those acts, and(b) those acts were not directed at children, and(c) those acts did not occur in the presence of children.