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Children’s Act 2014

Children's worker safety checking - Exemption for workers convicted of specified offence

36: Application for exemption

You could also call this:

"Asking to be exempt: how to apply and what information you need to give"

Illustration for Children’s Act 2014

If you want to apply for an exemption, you must fill out a special form called a statutory declaration. You need to sign this form and include your full name and contact details. You also need to give information about any offences you have been convicted of, like what the offence was, when you were convicted, and any sentence you got. You can find examples of offences in the Crimes Act 1961, such as sexual violation under section 128B.

You must tell them if you are subject to any conditions from the Parole Act 2002, the Sentencing Act 2002, or the Criminal Justice Act 1985. You also need to include any other information that the regulations say you must provide, as well as any other information you want to share.

When you send in your application, the person in charge might send it to someone else to decide. Before they make a decision, they need to check if you have applied for an exemption before and what happened with that application. They also need to check if you have ever had an exemption taken away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5501721.

Topics:
Family and relationships > Children and parentingCrime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 3Children's worker safety checking
Exemption for workers convicted of specified offence

36Application for exemption

  1. An application for an exemption must be made by way of a statutory declaration signed by the person to whom it relates and set out the following:

  2. the person's full name and contact details:
    1. in respect of each specified offence of which the person has been convicted—
      1. a description of the offence (eg, sexual violation under section 128B of the Crimes Act 1961); and
        1. the date of conviction; and
          1. any sentence imposed; and
            1. the sentence expiry date (if any):
            2. whether the person is subject to any conditions imposed under—
              1. the Parole Act 2002; or
                1. the Sentencing Act 2002; or
                  1. the Criminal Justice Act 1985:
                  2. any other information prescribed by regulations made under section 33:
                    1. any other information the applicant wishes to place before the chief executive to whom the application is sent.

                      1. A chief executive who receives an application may, with the agreement of the chief executive of a different key agency, refer the application to that other chief executive for decision.

                      2. Before making a decision on an application, a chief executive must confirm—

                      3. whether the person has previously applied for an exemption, and the outcome of that application; and
                        1. whether the person has ever had an exemption revoked.

                          Notes
                          • Section 36(1)(c): replaced, on , by section 109 of the Statutes Amendment Act 2016 (2016 No 104).