Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/29

56 No. 30599

Act No. 32, 2007 outside the Republic has made a finding and given a direction contemplated in subparagraph (aa) in terms of the law of the country in question;

informing an employer applying for a certificate as contemplated in this Chapter whether or not the particulars of an employee contemplated in section 45(1)(a) or (b) are contained in the Register;

informing a licensing authority applying for a certificate as contemplated in this Chapter whether or not the particulars of an applicant contemplated in section 47 are contained in the Register; and

informing the relevant authorities dealing with fostering, kinship care-giving, temporary safe care-giving, adoption or curatorship applying for a certificate as contemplated in this Chapter whether or not the particulars of an applicant, as contemplated in section 48, have been included in the Register.

Persons entitled to apply for certificate

44. An application for a prescribed certificate, stating whether or not the particulars of a person mentioned in the application are recorded in the Register may, solely for the purpose of complying with any obligation under this Chapter, be made in the prescribed manner by—

an employer in respect of an employee as contemplated in section 45(1);

a licensing authority in respect of an applicant as contemplated in section 47(1);

a relevant authority in respect of an applicant as contemplated in section 48(1);

an employee contemplated in section 46(1) and (2) in respect of his or her own particulars;

a person contemplated in section 47(2) applying for a licence or approval to manage or operate any entity, business concern or trade in relation to the supervision over or care of children or persons who are mentally disabled in respect of his or her own particulars;

a person contemplated in section 48(2) applying to become a foster parent, kinship care-giver, temporary safe care-giver or adoptive parent in respect of his or her own particulars; or

any person whose particulars appear on the Register in respect of his or her own particulars.

Obligations of employers in respect of employees

45. (1) Any employer who—

at the date of commencement of this Chapter, has in his or her employment any employee, may from the date of establishment of the Register, in the prescribed manner, apply to the Registrar for a prescribed certificate, stating whether or not the particulars of the employee are recorded in the Register; or

from the date of establishment of the Register, intends employing an employee, must, in the prescribed manner, apply to the Registrar for a prescribed certificate, stating whether or not the particulars of the potential employee are recorded in the Register.

(2) (a) An employer shall—

subject to paragraph (d) not continue to employ an employee contemplated in subsection (1)(a); or

not employ an employee contemplated in subsection (1)(b),

whose particulars are recorded in the Register.

(b) An employer who, during the course of an employment relationship, ascertains that the particulars of an employee contemplated in subsection (1)(a) has been recorded in the Register, irrespective of whether such offence was committed during the course of his or her employment, must, subject to paragraph (d) immediately terminate the employment of such employee.

(c) Notwithstanding paragraph (d) an employer must immediately terminate the employment of an employee who fails to disclose a conviction of a sexual offence against a child or a person who is mentally disabled or that he or she is alleged to have committed a sexual offence against a child or a person who is mentally disabled and who