Mallard Trevor: Questions for Oral Answer — Questions to Ministers Questions to Members 
Mallard Trevor: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:669;Page:16005] 
12. 
Hon TREVOR MALLARD (Labour—Hutt South) 
 to the  
Minister of Education 
: Which Minister is to be responsible for the enforcement of the Education Act 1989 in relation to limited-attendance early childhood centres following the passing of the Education Amendment Bill (No 2)? 
Hon ANNE TOLLEY (Minister of Education) 
: 
 The Minister of Education and the Minister for Tertiary Education are responsible for the Education Act 1989. Gym and shopping mall creches will not come under the Education Act because they are not providers of education. These types of facilities will come under a wide range of requirements including the Health and Safety in Employment Act the Building Act and the contractual obligations that they will have with parents. 
Hon Trevor Mallard 
: When she suggested that the Health and Safety in Employment Act could be used for protection from the paedophiles who will no longer be subject to police vetting before being employed to care for children at limited-attendance centres after her bill is passed was she indicating that she thought fellow employees were in danger from those paedophiles rather than the children they were caring for? 
Hon ANNE TOLLEY 
: I am sorry but that question was so convoluted that I did not understand it. Could I ask the member to repeat it? 
Mr SPEAKER 
: The member will repeat his question. 
Hon Trevor Mallard 
: When she suggested that the Health and Safety in Employment Act could be used for protection from the paedophiles who will no longer be subject to police vetting before being employed to care for children at limited-attendance centres after her bill is passed was she indicating that she thought fellow employees were in danger from those paedophiles under that Act rather than the children they were caring for? 
Hon ANNE TOLLEY 
: No. The Health and Safety in Employment Act requires that all practicable steps are taken to ensure that no action or inaction of any employee harms another person. 
Hon Trevor Mallard 
: When she said scout and guide leaders were not subject to police checks was she aware that it is the policy of the national organisations for both scouts and guides that all those who supervise children are subject to police checks? 
Hon ANNE TOLLEY 
: Absolutely and that is the point: legislation does not require it. But the obligations that those organisations have to the parents who entrust them with their children mean that in order to protect themselves and the children they voluntarily make sure that anyone who is working with children undergoes a police check. Many parents insist on that before they make the decision to leave their children with those groups. 
Hon Trevor Mallard 
: Is she aware that there are no national organisations such as there are for scouts and guides covering childcare centres at gyms shopping malls or swimming pools that could impose a policy to ensure that police checks are carried out on any staff who will be supervising children? 
Hon ANNE TOLLEY 
: Yes. But a large number of organisations that work with a variety of children are in the process of developing some guidelines now and will continue to develop guidelines as parents make the decision themselves to entrust their children to those people. 
Hon Trevor Mallard 
: Is she sure that she is doing the right thing in removing the primary protection against children being exposed to known paedophiles in limited-attendance early childhood centres? 
Hon ANNE TOLLEY 
: That is not what I am doing.