work, knowing that it is child-related work; and (b) the worker does not have a current assessment notice; and (c) the person engaging, or continuing to engage, the worker knows that the worker does not have a current assessment notice or is reckless as to whether or not he or she has one. Note to Note s. 35(1) See section 9(1) for the meaning of inserted by child-related work. No. 79/2006 s. 62(4), substituted by No. 66/2014 s. 35(1). (2) In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that, at the time the offence is alleged to have been committed— (a) the worker had applied for a working with S. 35(2)(a) amended by children check and the application had not No. 61/2012 been finally decided or withdrawn; or s. 15, substituted by No. 66/2014 s. 35(2). (b) the worker was exempt from a working with children check in respect of the work under Part 3; or (c) having been notified that the worker (not being a worker who was engaging in the work as a volunteer or undertaking practical training) had been given a negative notice, the accused was in the process of—
work, knowing that it is child-related work; and (b) the worker does not have a current assessment notice; and (c) the person engaging, or continuing to engage, the worker knows that the worker does not have a current assessment notice or is reckless as to whether or not he or she has one. Note to s. 35(1) inserted by No. 79/2006 s. 62(4), substituted by No. 66/2014 s. 35(1). Note See section 9(1) for the meaning of child-related work. (2) In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that, at the time the offence is alleged to have been committed— S. 35(2)(a) amended by No. 61/2012 s. 15, substituted by No. 66/2014 s. 35(2). (a) the worker had applied for a working with children check and the application had not been finally decided or withdrawn; or (b) the worker was exempt from a working with children check in respect of the work under Part 3; or (c) having been notified that the worker (not being a worker who was engaging in the work as a volunteer or undertaking practical training) had been given a negative notice, the accused was in the process of—