Document ID: chunk:federal_register_of_legislation:F2023L01651:clause:2_3:p1
Version: federal_register_of_legislation:F2023L01651
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 1/2)
Character Range: 20708–23387

3  Working with children or vulnerable people
 (1) Subject to subclause (3), an accredited person must, at all times:
 (a) hold a current WWCVPCC in each State or Territory where the person conducts or assesses, or intends to conduct or assess, amateur radio examinations; and
 (b) comply with the requirements of each WWCVPCC held by the person, and the requirements of the State or Territory legislation under which the person holds a WWCVPCC.
Example 1: An accredited person would need to obtain an NDIS check or WWC check under the Worker Screening Act 2020 (Vic) before conducting an amateur radio examination in Victoria.
Example 2: An accredited person would need to obtain registration under the Registration to Work with Vulnerable People Act 2013 (Tas) before conducting an amateur radio examination in Tasmania.
 (2) If the ACMA requests, in writing, a copy of a WWCVPCC held by an accredited person, the person must give the ACMA a copy of the document within 5 business days of the request.
 (3) Subclause (1) does not apply to an accredited person in relation to a State or Territory if both:
 (a) the ACMA is satisfied that either:
             (i) there is no law of the State or Territory that would prevent the person from working with children, vulnerable people, or both, without a WWCVPCC; or
             (ii) the person is not eligible to apply for a WWCVPCC in the State or Territory, for a reason other than a reason based on:
                   (A) the person's criminal record; or
                   (B) the risk posed by the person to children or vulnerable people; or
                   (C) the protection of children or vulnerable people; and
 (b) the person has given the ACMA a new nationally coordinated criminal history check at each of the following times:
             (i) a time specified in the Assessor Guidelines for the giving of a new nationally coordinated criminal history check;
             (ii) a time specified under subclause (5).
 (4) If subclause (1) does not apply to an accredited person because of subclause (3), the accredited person must not be convicted of an offence under a law of the Commonwealth, or a law of a State or Territory, where:
 (a) the offence, or the conduct giving rise to the offence, involves harm, or the risk of harm, of any kind to a child or a vulnerable person; or
 (b) if paragraph (a) does not apply in relation to the offence – a reasonable person would consider that, based on the nature of the offence or the conduct giving rise to the offence, the accredited person poses a risk to the health or welfare of a child or a vulnerable person.
 (5) The ACMA may, by written notice to an accredited