This means that any prohibited person, as defined by the law, cannot be employed in any industry that involves children.
a.) Involves sexual activity or acts of indecency that was committed in New South Wales and that was punishable by penal servitude or imprisonment for 12 months or more; or
b.) Involves sexual activity or acts of indecency that was committed outside of New South Wales and would have been an offence punishable under the first instance; or
c.) Punishable under Sections 91D-91G of the Crimes Act 1900 (other than by a child prostitute) or a similar offence punishable outside of New South Wales; or
d.) Punishable under Section 578B or 578C (2A) of the Crimes Act 1900 or a similar offence punishable outside of New South Wales; or
e.) An attempt, conspiracy, or incitement, to commit any of the offences referred to in the preceding paragraphs; or
f.) Any other offence punishable within and without New South Wales prescribed by the regulations.
An offence involving sexual activity or an act of indecency is not a serious sexual offence if it was committed
1.) in a public place; and
2.) would not have constituted an offence in New South Wales if the place were not a public place.
In relation to this, anyone convicted of a serious sexual offence is considered to be a “prohibited person” under the Child Protection (Prohibited Employment) Act. As an exception, a person may not be considered a “prohibited person” if an order in force under Section 9 of the Act provides otherwise.
It should be remembered that the term “convicted” is not only limited to an actual conviction. It also includes a finding that the offence charged is proven although the court does not actually give out a conviction. Also, the Child Protection Act which defines a “prohibited person” applies only to convictions for serious sexual offences in connection with child-related employment.
Hungerford, J. (Aug. 28, 2001). “A” v Commission for Children and Young People & Anor