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Children’s Act 2014

Children's worker safety checking - Obligations of specified organisations

28: Core worker convicted of specified offence not to be employed or engaged

You could also call this:

"No job as a core worker if you've been convicted of a serious crime."

Illustration for Children’s Act 2014

If you have been convicted of a certain type of offence and you do not have an exemption granted under section 35, you cannot be employed or engaged as a core worker by a specified organisation. This rule applies from the date this part of the law comes into force. After one year from the date this part of the law comes into force, organisations must not continue to employ you as a core worker.

If an organisation thinks you are someone who cannot be a core worker, they must suspend you from your duties right away. They must tell you why they suspended you and give you a chance to respond. The suspension must be for at least 5 working days.

While you are suspended, your employer must keep paying you as if you were suspended for doing something seriously wrong. At the end of the suspension, your employer must end your employment as a core worker if they believe you are not allowed to be one. If your employment is ended, you will not get any compensation, but this will be considered a fair reason for ending your job under the Employment Relations Act 2000.

Organisations that do not follow these rules can be fined up to $50,000. This does not affect the Wages Protection Act 1983.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5501710.

Topics:
Family and relationships > Children and parentingWork and jobs > Worker rightsCrime and justice > Criminal law
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27: Periodic safety checks of children's workers, or

"Organisations must check children's workers are safe every three years to protect kids."

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29: Defence of taking all reasonable steps, or

"It's not your fault if you did everything you could to keep people safe"

Part 3Children's worker safety checking
Obligations of specified organisations

28Core worker convicted of specified offence not to be employed or engaged

  1. This section applies to a person who—

  2. has been convicted of a specified offence; and
    1. does not hold an exemption granted under section 35.

      1. On and after the date on which this Part comes into force, a specified organisation must not employ or engage a person to whom this section applies as a core worker.

      2. On and after the date that is 1 year after the date on which this Part comes into force, a specified organisation must not continue to employ or engage a person to whom this section applies as a core worker, regardless of when that worker commenced employment or was engaged, except as provided in this section.

      3. On and after the date referred to in subsection (3), if a specified organisation believes that a worker whom it employs or engages is a person to whom this section applies, the organisation must immediately—

      4. suspend the worker from all duties that require or enable him or her to act as a core worker; and
        1. specify the period of suspension, which must be not less than 5 working days (but may be extended from time to time); and
          1. tell the worker the reason for the suspension and the grounds for the organisation's belief; and
            1. advise the worker that he or she may respond to the information provided under paragraph (c).

              1. If a worker is suspended under subsection (4), the employer must not terminate the worker's employment or engagement until at least 5 working days after the suspension begins (unless the person's employment or engagement is terminated sooner for reasons unrelated to that suspension).

              2. During the period of suspension, the employer must continue to pay the worker on whatever basis would apply to the worker had he or she been suspended on the grounds of serious misconduct.

              3. At the end of the period of suspension, the employer must terminate the worker's employment or engagement as a core worker if the employer believes on reasonable grounds that the person is a person to whom subsection (1) applies.

              4. If a worker's employment or engagement is terminated under subsection (7),—

              5. no compensation or other payment is payable in respect of the termination, despite anything to the contrary in any contract or agreement; and
                1. the termination is deemed to be a justifiable dismissal for the purposes of Part 9 of the Employment Relations Act 2000.

                  1. A specified organisation that contravenes subsection (2) or (3), knowing that, or being reckless as to whether, the person is a person to whom this section applies, commits an offence and is liable on conviction to a fine not exceeding $50,000.

                  2. A specified organisation that contravenes subsection (4), (5), (6), or (7) commits an offence and is liable on conviction to a fine not exceeding $50,000.

                  3. Subsection (8)(a) does not limit or affect the Wages Protection Act 1983.