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In some circumstances, the law provides exemptions from relevant history assessments.
Organisations should check whether any of the listed exemptions apply.
Exemptions are not available to people who are:
- a sole trader
- in a partnership arrangement
- the responsible authority of an organisation.
A responsible authority of a non-government organisation includes a board, committee or other body or person in which the management of the organisation is vested (and, in the case of a board, committee or body that is not incorporated, each member of the board, committee or body will be taken to be a managing authority of the organisation).
Exemptions are not available to people who work or volunteer in positions involving:
- commercial child care or babysitting
- family day care
- juvenile justice
- child protection
- disability services
- residential care and other overnight care for children.
You may be exempt from a relevant history assessment if you are:
- a parent or guardian who volunteers for a service or activity in which your child ordinarily participates
- a volunteer who is under 18
- a person working or volunteering for 10 days or less duration
- a person working or volunteering for no more than 1 day in any month
- a person occupying a position in which all work involving children is undertaken in the physical presence of the child’s parents or guardians and in which there is ordinarily no physical contact with the children
- a person who undertakes work primarily with adults or the community generally, and not with any child on an individual basis
- a police officer
- a registered teacher
- a person whose work only involves prescribed functions due to an employment relationship with a child (such as a person working alongside a child or supervising an employee who is a child)
- an organisation that provide equipment, food or venues for children’s parties or events but does not provide any other services.
However, your organisation may still require you to undergo an assessment of your relevant history at any time it thinks necessary or desirable for the purpose of establishing or maintaining a child safe environment.