Children’s Act 2014

Children's worker safety checking

23: Interpretation

You could also call this:

"What special words mean in the Children's Act 2014"

Illustration for Children’s Act 2014

When you read this part of the law, some words have special meanings. A child is defined in section 15. A children's worker is someone who works with kids in a regulated service, and they may have contact with kids without a parent or guardian present.

You are a core worker if you are the only worker with a child, or if you are in charge of the child. A key agency can be a government department like the Ministry of Social Development, the Ministry of Health, or the Ministry of Education. A local authority is a local council, as defined in section 2(1) of the Local Government Official Information and Meetings Act 1987.

The Minister is the person in charge of this part of the law. A non-core worker is someone who is not a core worker. A regulated service is a service listed in Schedule 1. You are safety checked if you have had a safety check done on you in the last three years, as described in section 31.

A screening service is a person or organisation that does safety checks for workers. A specified offence is a type of crime listed in Schedule 2. A specified organisation is defined in section 24. State services are defined in section 5 of the Public Service Act 2020.

Work can be paid or unpaid, and it can be part of a training course. You have regular or overnight contact with kids if you see them often, like at least once a week, or if you stay with them overnight. This contact can be in person, on the phone, or through the internet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5501674.


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Part 3Children's worker safety checking

23Interpretation

  1. In this Part, unless the context otherwise requires,—

    child has the meaning given in section 15

      children's worker means a person who works in, or provides, a regulated service, and the person's work—

      1. may or does involve regular or overnight contact with a child or children (other than with children who are co-workers); and
        1. takes place without a parent or guardian of the child, or of each child, being present

          core worker means a children's worker whose work in or providing a regulated service requires or allows that, when the person is present with a child or children in the course of that work, the person—

          1. is the only children's worker present; or
            1. is the children's worker who has primary responsibility for, or authority over, the child or children present

              key agency means any of the following:

              1. the Ministry of Social Development:
                1. the Ministry of Health:
                  1. the Ministry of Education:
                    1. the Ministry of Justice:
                      1. the department responsible for the administration of the Oranga Tamariki Act 1989

                        local authority means a local authority, as defined in section 2(1) of the Local Government Official Information and Meetings Act 1987, to which Parts 1 to 6 of that Act apply

                          Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

                            non-core worker means a children's worker who is not a core worker

                              regulated service means a service identified in Schedule 1

                                safety checked, in relation to a person at a particular time, means that a safety check that complies with section 31 has been completed for the person within the previous 3 years

                                  screening service means a person or organisation that carries out, on behalf of a specified organisation, all or any part of a safety check of children's workers

                                    specified offence means an offence identified in Schedule 2

                                      specified organisation has the meaning given in section 24

                                        State services has the meaning given in section 5 of the Public Service Act 2020

                                          work means work that is—

                                          1. paid work; or
                                            1. unpaid work that is undertaken as part of an educational or vocational training course.

                                            2. A person's work involves regular or overnight contact with children if—

                                            3. the person has contact (other than merely incidental contact) with a child or children—
                                              1. overnight; or
                                                1. at least once each week; or
                                                  1. on at least 4 days each month; and
                                                  2. that contact is any of the following kinds:
                                                    1. physical contact:
                                                      1. oral communication, whether in person or by telephone:
                                                        1. communication through any electronic medium, including by way of writing or visual images.
                                                        Notes
                                                        • Section 23(1) key agency paragraph (e): inserted, on , by section 8 of the Vulnerable Children Amendment Act 2017 (2017 No 32).
                                                        • Section 23(1) State services: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).