Worker Screening Act 2020 (Vic)

Version No. 012

Worker Screening Act 2020

No. 34 of 2020

Version incorporating amendments as at

11 September 2025

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

Part 1.1—Introduction

1Purposes

2Commencement

3Definitions

4Meaning of finding of guilt

5Meaning of charged with an offence

6Pending charges

7Child-related work

8Act to bind the Crown

9References to Parts

Part 1.2—Paramount considerations

10Paramount consideration—NDIS clearances and checks

11Paramount consideration—WWC clearances and checks

Part 1.3—General provisions relating to applications for screening checks

12Secretary must approve identifying information to accompany application for screening check

13Secretary must approve application form for screening check

Chapter 2—NDIS worker screening

Part 2.1—Applications for NDIS checks

Division 1—Making an application for an NDIS check

14Who may apply for an NDIS check

15How to apply for an NDIS check

16Secretary may refuse to consider application for NDIS check

17Application for NDIS check by applicant who has previously been given an NDIS exclusion

Division 2—Consideration of applications for NDIS checks

18Consideration of application for NDIS check

19Secretary must make enquiries of Secretary to the Department of Health and Human Services

20Applicant for NDIS check must be verified by NDIS Commission

21Applicant may withdraw application for NDIS check with permission

22Secretary must treat application for NDIS check as withdrawn if applicant fails to provide information

Division 3—Determination of applications for NDIS checks

23NDIS category A applications

24Determination of NDIS category A application

25NDIS category B applications

26Determination of NDIS category B application

27NDIS category C applications

28Determination of NDIS category C application

Division 4—Intention to give NDIS exclusion on application for NDIS check

29Secretary to notify applicant for NDIS check of intention to exclude

30Secretary must give NDIS exclusion to applicant who fails to make submission within timeframe

Division 5—Outcome of application for NDIS check

31Outcome of application for NDIS check

32Notice to applicant for NDIS check of outcome of application

Division 6—Duration of NDIS clearances

33Duration of NDIS clearance

Part 2.2—Change in circumstances of holder or applicant

34Holder of NDIS clearance or applicant for NDIS check must notify Secretary of relevant change in circumstances

Part 2.3—Further applications for NDIS checks

35Time for application by holder of NDIS clearance or interstate NDIS clearance

36Consideration of application for NDIS check made by holder of NDIS clearance

37Restriction on right to make further application for an NDIS check—person given an NDIS exclusion

Part 2.4—Re‑assessment of eligibility to hold NDIS clearance

Division 1—Re‑assessment of eligibility to hold NDIS clearance

38Re‑assessment of eligibility to hold NDIS clearance

39Suspension powers on re‑assessment of NDIS clearance

Division 2—Consideration of re‑assessment

40Consideration of re‑assessment—NDIS clearance

Division 3—Determination of re‑assessments

41NDIS category A re‑assessments

42Determination of NDIS category A re‑assessment

43NDIS category B re‑assessments

44Determination of NDIS category B re‑assessment

45NDIS category C re‑assessments

46Determination of NDIS category C re‑assessment

Division 4—Intention to revoke NDIS clearance

47Submission sought from holder before determining to revoke NDIS clearance

48Person given interim NDIS exclusion on re‑assessment taken not to hold an NDIS clearance

Division 5—Revocation of NDIS clearance

49Revocation of NDIS clearance on failure to provide information during re‑assessment

50Revocation of NDIS clearance on failure to respond to notice

51Revocation of NDIS clearance after completing re‑assessment

Part 2.5—Surrender of NDIS clearance

52Holder of NDIS clearance may surrender clearance with approval of Secretary

Chapter 3—WWC worker screening

Part 3.1—Applications for WWC checks

Division 1—Making an application for a WWC check

53Who may apply for a WWC check

54How to apply for a WWC check

55Secretary may refuse to consider application for WWC check

56Application for WWC check by applicant who has previously been given a WWC exclusion

57Application for WWC check by exempt applicant

Division 2—Consideration of applications for WWC checks

58Consideration of application for WWC check

59Withdrawal of application for WWC check

Division 3—Determination of applications for WWC checks

60WWC category A applications

61Determination of WWC category A application

62WWC category B applications

63Determination of WWC category B application

64WWC category C applications

65Determination of WWC category C application

Division 4—Intention to give WWC exclusion on application for WWC check

66Secretary to notify applicant for WWC check of intention to exclude

67Secretary must give WWC exclusion to applicant who fails to make submission within timeframe

Division 5—Outcome of application for WWC check

68Outcome of application for WWC check

69Notice to applicant for WWC check of outcome of application

70Copy of WWC clearance or WWC exclusion to be given to employer or agency

Division 6—Duration of a WWC clearance

71Duration of a WWC clearance

Part 3.2—Change to employer or circumstances of holder or applicant

72Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances

73Notification of change in employer of holder of WWC clearance or applicant for WWC check

Part 3.3—Further applications for WWC checks

74Time for application for WWC check by holder of WWC clearance

75Consideration of application for WWC check made by holder of WWC clearance

76Further application for WWC check by holder of current WWC volunteer clearance

77Restriction on right to make further application for WWC check—person given a WWC exclusion

Part 3.4—Re‑assessment of eligibility to hold a WWC clearance

Division 1—Re‑assessment of eligibility to hold WWC clearance

78Re‑assessment of eligibility to hold WWC clearance

79Suspension powers on re‑assessment of WWC clearance

80Secretary must notify WWC clearance holder, employer and agency of suspension

Division 2—Consideration of re‑assessment

81Consideration of re‑assessment—WWC clearance

Division 3—Determination of re‑assessments

82WWC category A re‑assessments

83Determination of WWC category A re‑assessment

84WWC category B re‑assessments

85Determination of WWC category B re‑assessment

86WWC category C re‑assessments

87Determination of WWC category C re‑assessment

Division 4—Intention to revoke WWC clearance

87APower to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings

87BSecretary must notify WWC clearance holder, employer and agency of suspension

88Submission sought from holder before determining to revoke WWC clearance

Division 5—Revocation of WWC clearance

89Revocation of WWC clearance on failure to provide information during re‑assessment

90Revocation of WWC clearance on failure to respond to notice

91Revocation of WWC clearance after completing re‑assessment and surrender of document

92Secretary to give copy of WWC exclusion to employer or agency

Part 3.5—Surrender of WWC clearance

93Holder of WWC clearance may surrender clearance

Part 3.6—Cancellation of WWC clearance

93APower to cancel WWC clearance

Chapter 4—Review

Part 4.1—Internal review of decisions relating to NDIS clearances

94Decisions for which internal review may be sought

95Application for internal review

96NDIS exclusion continues to apply until internal review decided

97Applicant may provide further information

98Time for conducting internal review

99Outcome of internal review

Part 4.2—VCAT review of decisions relating to NDIS clearances

100Definitions

101Jurisdiction of VCAT—NDIS

102VCAT review of NDIS category B decisions

103VCAT review of NDIS category C decisions

104Secretary may request information for purposes of VCAT proceeding

Part 4.3—VCAT review of decisions relating to WWC clearances

105Jurisdiction of VCAT—working with children

106Jurisdiction of VCAT—WWC category A

107Jurisdiction of VCAT—WWC category B

108Jurisdiction of VCAT—WWC category C

109Secretary may request information for purposes of VCAT proceeding

Chapter 5—Exemptions

Part 5.1—Exemptions from a WWC check

110Volunteer whose child is participating or ordinarily participates in the relevant activity

111Person working with closely related child

112Children

113Teachers

114Police officers and protective services officers

114APolice custody officer supervisors and police custody officers

115Federal police officers

116Visiting workers

117Exemptions subject to exclusion

Chapter 6—Offences

Part 6.1—Offences relating to NDIS clearances

118Engaging in risk assessed role without NDIS clearance or interstate NDIS clearance

119Exception—engaging in risk assessed role on application or re‑application

120Exception—engaging in risk assessed role on work experience

Part 6.2—Offences related to child-related work

121Engaging in child-related work without a WWC clearance

122Offence for person given WWC exclusion to apply for child-related work

123Offence to engage a person who does not have a WWC clearance in child-related work

124Offence for agency to offer the services of a person who does not have a WWC clearance

125Using volunteer clearance for paid work

126Offence to use false or other person's WWC clearance

127Notification requirements of holder of WWC exclusion or interim WWC exclusion

Part 6.3—General

128False or misleading information

129Sex offenders, serious offenders and persons excluded from child‑related work under corresponding working with children law must not apply for clearance

130Confidentiality of information

Chapter 7—Information sharing

131Chief Commissioner of Police to notify Secretary of certain matters relating to current applicant or clearance holder

132Chief Commissioner of Police to notify interstate screening units of how charges dealt with

133Secretary may notify police of certain matters

134Secretary may disclose information to NDIS worker screening units

135Secretary may disclose information to working with children screening units

136Notifications to the NDIS Commission

137Disclosure of information about WWC exclusions by Secretary to ACC

138Secretary may notify Department of Health and Human Services of certain matters relating to out of home carers

139Secretary to Department of Health and Human Services may disclose information about out of home carers

140Secretary may notify Department of Health and Human Services of certain matters relating to disability-related work

141Secretary may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances

142Secretary may require production of information

143Person responding to enquiry or request from Secretary does not contravene duty of confidentiality

Chapter 8—General

Part 8.1—Offences committed by bodies corporate or unincorporated bodies, associations and partnerships

144Offences by bodies corporate

145Offences by unincorporated bodies, partnerships etc.

Part 8.2—Miscellaneous

146Delegation

147Giving of notices

148Evidentiary provisions

149Immunity

Part 8.3—Regulations

150Regulations

Chapter 9—Transitional provisions, repeals and amendments

Part 9.1—Repeal of Working with Children Act 2005

151Working with Children Act 2005 repealed

Part 9.2—Transitional provisions

152Definitions

153Assessment notices taken to be WWC clearances

154Negative notices taken to be WWC exclusions

155Interim negative notices taken to be interim WWC exclusions

156Pending applications—working with children checks

157Pending re‑assessments—working with children checks

158Transitional provisions—VCAT

159Transitional provisions—NDIS worker screening

Part 9.3—Transitional provisions—Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025

160Definition

161Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings

162Power to cancel WWC clearance

163Engaging in child‑related work without a WWC clearance

164Offence to engage a person who does not have a WWC clearance in child‑related work

165Offence for agency to offer the services of a person who does not have a WWC clearance

166Giving false or misleading information

167Persons excluded from child‑related work under a corresponding working with children law

168Exclusion notices given on WWC category B applications or re‑assessments before the commencement day

169Pending WWC category B applications and re‑assessments

Schedule 1—NDIS category A offences

Schedule 2—WWC category A offences

Schedule 3—NDIS category B offences

Schedule 4—WWC category B offences

Schedule 5—Obligations and orders and offences

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 012

Worker Screening Act 2020

No. 34 of 2020

Version incorporating amendments as at

11 September 2025

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

PART 1.1—INTRODUCTION

1Purposes

The main purposes of this Act are—

(a)to provide for screening of persons employed or engaged in risk assessed roles for the purposes of the National Disability Insurance Scheme; and

(b)to assist in protecting children from sexual and physical harm by providing for screening of persons who work with, or care for, children; and

(c)to repeal the Working with Children Act 2005; and

(d)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 15 September 2021, it comes into operation on that day.

3Definitions

(1)In this Act—

ACC means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;

agency means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring child-related work for persons seeking such work, whether or not the business includes procuring any other kind of work for those persons or other persons;

approved application form means an application form for a screening check approved by the Secretary under section 13;

approved identifying information means identifying information of a kind approved by the Secretary under section 12;

authorised entity, in relation to NDIS worker screening, means—

(a)ACC; or

(b)Victoria Police; or

(c)a law enforcement agency; or

(d)the NDIS Commission; or

(e)the NDIS Commissioner; or

(f)an NDIS worker screening unit;

banning order means an order made under section 73ZN of the NDIS Act;

carnal knowledge offence means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person under 18 years of age;

child abuse material offence means—

(a)an offence against any of the following provisions of the Crimes Act 1958—

(i)section 51B(1) (involving a child in the production of child abuse material);

(ii)section 51C(1) (producing child abuse material);

(iii)section 51D(1) (distributing child abuse material);

(iv)section 51E(1) (administering a website used to deal with child abuse material);

(v)section 51F(1) (encouraging use of a website to deal with child abuse material);

(vi)section 51G(1) (possession of child abuse material);

(vii)section 51H(1) (accessing child abuse material);

(viii)section 51I(1) (assisting a person to avoid apprehension); or

(b)an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; or

(c)an offence referred to in paragraph (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(iv), (v), (vi) or (vii) of clause 1 of Schedule 1 to the Sentencing Act 1991; or

(d)an offence against any of the following sections of the Criminal Code of the Commonwealth, repealed by clause 33 of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 of the Commonwealth—

(i)section 474.19 (using a carriage service for child pornography material);

(ii)section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);

child-related work has the meaning given by section 7;

clearance means—

(a)an NDIS clearance; or

(b)a WWC clearance;

community or treatment order means—

(a)an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(b)an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(c)a drug and alcohol treatment order within the meaning of the Sentencing Act 1991; or

(d)a community correction order within the meaning of the Sentencing Act 1991; or

(e)a fine conversion order within the meaning of the Sentencing Act 1991; or

(f)a fine default unpaid community work order within the meaning of the Sentencing Act 1991;

corresponding NDIS worker screening law means a prescribed law of another State or a Territory that provides for screening of persons who are to be employed or engaged in risk assessed roles;

corresponding working with children law means a law of another State or a Territory that provides for screening of persons engaging in child-related work and that substantially corresponds with the relevant provisions of this Act;

detention order means a detention order within the meaning of the Serious Offenders Act 2018 or an interim detention order under that Act;

direct contact, in relation to child-related work, means any contact between a person and a child that involves—

(a)physical contact; or

(b)face to face contact; or

(c)contact by post or other written communication; or

(d)contact by telephone or other oral communication; or

(e)contact by email or other electronic communication; 

Disability Worker Registration Board means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;

disciplinary or regulatory entity means a person or body that is prescribed to be a disciplinary or regulatory entity;

educational institution means—

(a)any Government school or non‑Government school within the meaning of the Education and Training Reform Act 2006; or

(b)any of the following—

(i)a TAFE institute within the meaning of the Education and Training Reform Act 2006;

(ii)a dual sector university within the meaning of the Education and Training Reform Act 2006;

(iii)a provider of adult, community and further education, within the meaning of the Education and Training Reform Act 2006, that is eligible for funding under that Act;

*                *                *                *                *

(v)an education and training organisation registered on the State Register under the Education and Training Reform Act 2006—

to the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children and that leads to the award of a senior secondary certificate of education that is recognised by the AQF within the meaning of the Education and Training Reform Act 2006; or

(c)any other institution that provides a program of study or training primarily for, or directed at, children—

but does not include—

(d)except to the extent provided by paragraph (b), a university within the meaning of the Education and Training Reform Act 2006; or

(e)except to the extent provided by paragraph (b), a TAFE institute within the meaning of the Education and Training Reform Act 2006—

even if that university, college or institution has a student under 18 years of age;

emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;

excluded from child-related work under a corresponding working with children law, in relation to a person, means—

(a)a person who, under a corresponding working with children law, has been refused a clearance (however described) permitting the person to engage in child-related work; or

(b)a person whose clearance (however described) permitting the person to engage in child-related work has been revoked or cancelled under a corresponding working with children law; or

(c)a person who has been otherwise prohibited from engaging in child‑related work under a corresponding working with children law;

exclusion means—

(a)an NDIS exclusion; or

(b)a WWC exclusion;

interim exclusion means—

(a)an interim NDIS exclusion; or

(b)an interim WWC exclusion;

interim NDIS exclusion means an interim exclusion given by the Secretary under section 29 or 47;

interim WWC exclusion means an interim exclusion given by the Secretary under section 66 or 88;

interstate NDIS clearance means a clearance (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS clearance;

interstate NDIS exclusion means an exclusion (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS exclusion;

law enforcement agency means—

(a)the Australian Federal Police; or

(b)the police force of another State or a Territory; or

(c)a prescribed person or body established under a law of the Commonwealth or of another State or a Territory; 

minister of religion means—

(a)a person ordained or appointed as a recognised religious leader in an organised religious institution; or

(b)the appointed leader of a local religious congregation in an organised religious institution who has general authority over the operations of that congregation within the institution;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS category A offence means an offence specified in Schedule 1;

NDIS category B offence means an offence specified in Schedule 3;

NDIS check means the process under Chapter 2 for assessing or re‑assessing whether a person may be employed or engaged in a risk assessed role;

NDIS clearance means an NDIS clearance given to a person under section 31(1), 99(1)(a)(ii) or Part 4.2;

NDIS Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

NDIS Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;

NDIS exclusion means an exclusion given to a person under section 30, 31(2), 49, 50, 51, 99(1)(a)(i) or (b)(i) or Part 4.2;

NDIS participant means a person who is a participant in the NDIS;

NDIS worker screening database means the NDIS worker screening database established under section 181Y of the NDIS Act;

NDIS Worker Screening Rules means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth;

NDIS worker screening unit means an entity that has functions or powers under a corresponding NDIS worker screening law that correspond with the functions or powers of the Secretary under this Act in relation to screening of persons who are to be employed or engaged in risk assessed roles;

officer—

(a)in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and

(b)in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;

parent, in relation to a child, has the same meaning as in the Children, Youth and Families Act 2005 but does not include a foster carer;

police custody officer has the same meaning as in the Victoria Police Act 2013;

police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;

police officer has the same meaning as in the Victoria Police Act 2013;

protective services officer has the same meaning as in the Victoria Police Act 2013;

relevant disciplinary or regulatory finding means—

(a)a determination by VCAT under section 77(4)(g) or (h) or 77(5)(e) or (f) of the Health Professions Registration Act 2005 as in force immediately before its repeal; or

(b)a determination under section 196(2)(d) or (e) or 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or another responsible tribunal within the meaning of that Law; or

(c)a finding of a prescribed kind made by or on behalf of, or referred to the Secretary by, a disciplinary or regulatory entity;

relevant offence means—

(a)in relation to an applicant for a WWC check or a person who holds a WWC clearance—

(i)a WWC category A offence or a WWC category B offence; or

(ii)any other offence of a type of which the Secretary has requested to be notified by the Chief Commissioner of Police for the purposes of WWC clearances; and

(b)in relation to an applicant for an NDIS check or a person who holds an NDIS clearance—

(i)an NDIS category A offence or an NDIS category B offence; or

(ii)any other offence of a type of which the Secretary has requested to be notified by the Chief Commissioner of Police for the purposes of NDIS clearances;

risk assessed role has the same meaning as it has in the NDIS Worker Screening Rules;

screening check means—

(a)an NDIS check; or

(b)a WWC check;

Secretary means Secretary to the Department of Justice and Community Safety;

supervision order means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;

Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;

Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;

vulnerable person, in relation to an NDIS check, means an adult, who as a result of age, illness or disability is unable to take care of themselves or protect themselves from harm;

work, in relation to child-related work, means—

(a)work engaged in—

(i)under a contract of employment or a contract for services (whether written or unwritten); or

(ii)as a minister of religion or as part of the duties of a religious vocation; or

(iii)as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or

(b)practical training undertaken as part of an educational or vocational course other than under an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006; or

(c)work engaged in as a volunteer, including engaging in unpaid community work under a community or treatment order—

but does not include unpaid work engaged in for a private or domestic purpose;

working with children screening unit means an entity that has functions or powers under a corresponding working with children law that correspond with the functions or powers of the Secretary under this Act in relation to screening of persons who are to be employed or engaged in child-related work;

WWC category A offence means an offence specified in Schedule 2;

WWC category B offence means an offence specified in Schedule 4;

WWC check means the process under Chapter 3 for assessing or re‑assessing whether a person may engage in child-related work;

WWC clearance means a WWC clearance given to a person under section 68(1) or Part 4.3;

WWC exclusion means an exclusion given to a person under section 68(2), 89, 90, 91 or Part 4.3.

(2)For the purposes of this Act, a person is listed with an agency if the person has entered into an agreement with the agency for the agency to procure for that person child-related work, whether or not the agreement extends to any other kind of work.

(3)For the purposes of this Act, a person does not cease to be a volunteer merely because the person has all or any of the person's out-of-pocket expenses reimbursed.

4Meaning of finding of guilt

(1)For the purposes of this Act, a reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following—

(a)a court making a formal finding of guilt in relation to the offence;

(b)a court accepting a plea of guilty from the person in relation to the offence;

(c)a court accepting an admission made under and for the purposes of section 100 of the Sentencing Act 1991, or under equivalent provisions of the laws of a jurisdiction other than Victoria;

(d)a finding in relation to the offence under section 17(1)(b) or (c) or 38X(1)(b) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or under section 17(1)(c) or 38X(1)(c) of that Act in relation to an offence available as an alternative or a finding under that Act of not guilty because of mental impairment, or a finding under equivalent provisions of the laws of a jurisdiction other than Victoria;

(e)a verdict of not guilty on account of insanity before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation in relation to the offence returned under—

(i)section 420 of the Crimes Act 1958 (as then in force); or

(ii)an equivalent provision of the laws of a jurisdiction other than Victoria.

(2)A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.

5Meaning of charged with an offence

For the purposes of this Act, a person is taken to have been charged with an offence if—

(a)an indictment has been filed for the offence; or

(b)a charge-sheet charging the offence has been filed against the person, whether or not one of the following has been issued or served—

(i)a summons to answer to the charge;

(ii)a warrant to arrest the person.

6Pending charges

(1)For the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with, including in any of the following ways—

(a)the charge is withdrawn or the person dies without the charge having been determined;

(b)the charge is dismissed by a court;

(c)the person is discharged by a court following a committal hearing;

(d)the person is acquitted or found guilty of the offence by a court;

(e)the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the Criminal Procedure Act 2009;

(f)the person is discharged by the Children's Court after completing a diversion program under section 356D of the Children, Youth and Families Act 2005.

(2)A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.

7Child-related work

(1)Subject to subsection (2), in this Act, child-related work means work—

(a)at or for a service, body or place, or that involves an activity, specified in subsection (3); and

(b)that usually involves direct contact with a child.

(2)For the purposes of this Act, work is not child‑related work by reason only of occasional direct contact with children that is incidental to the work.

(3)For the purposes of subsection (1)(a), the following services, bodies, places or activities are specified—

(a)child protection services;

(b)children's services within the meaning of the Children's Services Act 1996;

(c)education and care services within the meaning of the Education and Care Services National Law (Victoria);

(d)educational institutions;

(e)out of home care services, remand centres, youth residential centres or youth justice centres within the meaning of the Children, Youth and Families Act 2005 or probation services under that Act;

(f)refuges or other residential facilities used by children;

(g)accommodation services specifically provided for students in connection with the operation of a student exchange program under Part 4.5A of the Education and Training Reform Act 2006, including the provision by a person of accommodation in the person's home;

(h)paediatric wards of public hospitals within the meaning of the Health Services Act 1988 or of denominational or private hospitals within the meaning of that Act;

(i)clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;

(j)religious organisations;

(k)baby sitting or child minding services arranged by a commercial agency;

(l)fostering children;

(m)providing, on a publicly-funded or commercial basis, a transport service specifically for children;

(n)coaching or tuition services of any kind specifically for children;

(o)counselling or other support services for children;

(p)overnight camps for children regardless of the type of accommodation or of how many children are involved;

(q)school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;

(r)providing, on a commercial basis and not merely incidentally to or in support of other business activities—

(i)entertainment or party services specifically for children; or

(ii)gym or play facilities specifically for children; or

(iii)photography services specifically for children; or

(iv)talent or beauty competitions for children;

(s)providing, on a publicly-funded or commercial basis, an in home care service for children.

(4)Subject to subsection (5) but despite any other provision of this section, for the purposes of this Act, work engaged in as a minister of religion is child-related work unless any direct contact with children during the work engaged in as a minister of religion is only occasional direct contact that is incidental to that work.

(5)Despite any other provision of this section, if a minister of religion is the appointed leader of a local religious congregation in an organised religious institution and the congregation contains any children, work engaged in as a minister of religion is child-related work.

(6)Despite any other provision of this section, a person is engaged in child-related work if—

(a)the person is a family member or other person of significance to a child other than a parent; and

(b)the child is placed in the out of home care of that person under the Children, Youth and Families Act 2005.

(7)For the purposes of this Act, a person is engaged in child-related work if the person is employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

(8)For the purposes of this Act, a person is not engaged in child-related work merely because the person—

(a)is participating in an activity with a child on the same basis as the child; or

Example

An adult playing in a cricket team whether on a professional or amateur basis alongside a child is not engaging in child-related work.

(b)is supervising a child undertaking practical training as part of an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006.

(9)In this section—

out of home care means care of a child by a person other than a parent of the child.

Note

Section 19A of the Child Employment Act 2003 extends the application of this Act to the supervision of a child in employment that requires a permit under that Act as if the supervision were child-related work under this Act.

8Act to bind the Crown

(1)This Act binds the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the Regulations.

9References to Parts

Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number of this Act.

PART 1.2—PARAMOUNT CONSIDERATIONS

10Paramount consideration—NDIS clearances and checks

When the Secretary or VCAT makes a decision or takes an action under this Act in relation to an applicant for an NDIS check or a holder of an NDIS clearance, the health, safety and well-being of persons with a disability and in particular, the protection of persons with a disability from abuse, violence, neglect and exploitation must be the paramount consideration.

11Paramount consideration—WWC clearances and checks

When the Secretary or VCAT makes a decision or takes an action under this Act in relation to an applicant for a WWC check or the holder of a WWC clearance, the protection of children from sexual or physical harm must be the paramount consideration.

PART 1.3—GENERAL PROVISIONS RELATING TO APPLICATIONS FOR SCREENING CHECKS

12Secretary must approve identifying information to accompany application for screening check

(1)The Secretary must approve the identifying information that is to accompany an application for a screening check.

(2)The Secretary may approve any kind of identifying information.

(3)The Secretary must publish a description of the approved identifying information on a website maintained by the Secretary.

13Secretary must approve application form for screening check

(1)The Secretary must approve the form in which an application for a screening check is to be made.

(2)Without limiting section 15 or 54, an approved application form must include the following particulars—

(a)the full name of the applicant and any other names by which the applicant is or has been known;

(b)the date and place of birth of the applicant;

(c)the gender of the applicant;

(d)the residential address and telephone number of the applicant;

(e)any other information relating to the applicant that the Secretary reasonably believes is appropriate.

(3)The Secretary must publish a copy of an application form approved under this section on a website maintained by the Secretary.

CHAPTER 2—NDIS WORKER SCREENING

PART 2.1—APPLICATIONS FOR NDIS CHECKS

Division 1—Making an application for an NDIS check

14Who may apply for an NDIS check

(1)A person may apply to the Secretary for an NDIS check to be carried out on the person and an NDIS clearance to be given on completion of that check if the person—

(a)ordinarily resides or works in Victoria; and

(b)has been or will be employed or engaged in a risk assessed role.

(2)Despite subsection (1)(a), the Secretary may consider an application for an NDIS check made by a person who does not ordinarily reside or work in Victoria if the person intends to work in Victoria in a risk assessed role.

15How to apply for an NDIS check

(1)An application for an NDIS check must—

(a)be in the approved application form for an NDIS check; and

(b)subject to subsection (3), be signed by the applicant; and

(c)be accompanied by the approved identifying information; and

(d)include the authorisations and consents referred to in subsection (2); and

(e)be accompanied by the prescribed application fee; and

(f)include any prescribed information.

(2)An applicant for an NDIS check must—

(a)authorise the conduct of a police record check on the applicant in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and

(b)consent to enquiries being made about the applicant to any authorised entity or any disciplinary or regulatory entity in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and

(c)authorise the disclosure of any relevant information by an authorised entity or a disciplinary or regulatory entity for the purposes of the enquiries described in paragraph (b); and

(d)consent to enquiries being made about the applicant in connection with the consideration of the application to the Secretary to the Department of Health and Human Services in relation to whether the applicant has been assessed as posing an unacceptable risk to persons with a disability or NDIS participants; and

(e)authorise the disclosure of the outcome of the application to the NDIS Commission.

(3)The Secretary must enable reasonable modifications to be made in relation to the requirement set out in subsection (1)(b) if the applicant has a disability that prevents the applicant signing an application.

(4)Despite subsection (1)(c), the Secretary may consider an application that does not include all the approved identifying information.

(5)If the Secretary receives an application that does not include all the information required by this section, the Secretary may require the applicant to provide the information, in the manner required by the Secretary, within 28 days or any longer period determined by the Secretary.

(6)If an applicant has included approved identifying information for a previous application for an NDIS check completed within 5 years and 3 months before the current application, the Secretary may exempt the applicant from the requirement to provide approved identifying information under subsection (1)(c).

16Secretary may refuse to consider application for NDIS check

If a person who has applied for an NDIS check makes a further application for another NDIS check, the Secretary may refuse to consider the first application for the NDIS check and that first application is to be treated as being withdrawn on the date of receipt of the further application.

17Application for NDIS check by applicant who has previously been given an NDIS exclusion

If a person who has been given an NDIS exclusion applies for an NDIS check within 5 years after being given the NDIS exclusion, the Secretary must not consider the application further unless the Secretary has been notified in writing that there has been a relevant change in circumstances within the meaning of section 37 relating to the giving of the exclusion.

Division 2—Consideration of applications for NDIS checks

18Consideration of application for NDIS check

(1)The Secretary must—

(a)arrange for a police record check to be conducted on an applicant for an NDIS check; and

(b)arrange for a check of the NDIS worker screening database to be conducted in relation to the applicant.

(2)In considering an application for an NDIS check, the Secretary may—

(a)have regard to any notice given to the Secretary by, and make enquiries to, any disciplinary or regulatory entity; and

(b)make any other enquiries to, or seek information on the application from, any person or source that the Secretary thinks fit, including but not limited to—

(i)the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(ii)any authorised entity; and

(iii)the Disability Worker Registration Board; and

(iv)the Victorian Disability Worker Commission; and

(v)the Victorian Disability Worker Commissioner.

(3)The Secretary may require the applicant to provide any further information that the Secretary thinks fit in the manner required by the Secretary within 28 days or any longer period that the Secretary determines.

(4)Despite subsection (1), the Secretary is not required to arrange for the conduct of a police record check on an applicant if—

(a)a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

(b)notice of the result of that check has been provided to the Secretary in accordance with the regulations.

19Secretary must make enquiries of Secretary to the Department of Health and Human Services

(1)In considering an application for an NDIS check, the Secretary must—

(a)check information held by the Secretary as to whether the applicant was assessed by the Secretary to the Department of Health and Human Services as posing an unacceptable risk to persons with a disability or NDIS participants; and

(b)if the applicant was so assessed, request the Secretary to the Department of Health and Human Services provide information relating to that assessment held by the Secretary to the Department of Health and Human Services.

(2)The Secretary to the Department of Health and Human Services must provide information requested under subsection (1)(b).

20Applicant for NDIS check must be verified by NDIS Commission

(1)The Secretary must not consider an application for an NDIS check unless the NDIS Commission verifies that the applicant has been or will be employed or engaged in a risk assessed role, and notifies the Secretary.

(2)If the NDIS Commission does not provide a notification under subsection (1), the Secretary must not consider the application further and must treat the application as withdrawn.

21Applicant may withdraw application for NDIS check with permission

(1)An applicant for an NDIS check may request, in writing, that the Secretary permit the applicant to withdraw the application.

(2)A request under subsection (1) may be made at any time before the first of the following occurs—

(a)the Secretary gives the applicant an interim NDIS exclusion under section 29(1)(b);

(b)the Secretary finally decides the application.

(3)In deciding whether to allow the application to be withdrawn, the Secretary may make enquiries about the applicant to any of the following—

(a)the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004;

(b)any authorised entity;

(c)the Disability Worker Registration Board;

(d)the Victorian Disability Worker Commission;

(e)the Victorian Disability Worker Commissioner;

(f)any disciplinary or regulatory entity.

22Secretary must treat application for NDIS check as withdrawn if applicant fails to provide information

(1)The Secretary must treat an application for an NDIS check as having been withdrawn if the applicant does not provide any information required under section 15(5) or 18(3) within the period required under that section.

(2)Despite an application being treated as withdrawn under this section, the Secretary may, if the information referred to in subsection (1) is provided, reinstate the application as if it were an application under section 15.

Division 3—Determination of applications for NDIS checks

23NDIS category A applications

(1)An application for an NDIS check is an NDIS category A application if it is in respect of a person—

(a)who is subject to reporting obligations imposed by the Sex Offenders Registration Act 2004; or

(b)who is subject to a supervision order, a detention order or an emergency detention order; or

(c)who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 1 to 58 of Schedule 1 if the conduct constituting that offence occurred when the person was an adult; or

(d)subject to section 25(2), who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if the conduct constituting the offence occurred when the person was an adult.

(2)For the purposes of this section, if the conduct constituting an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

24Determination of NDIS category A application

The Secretary must refuse to give an NDIS clearance on an NDIS category A application.

25NDIS category B applications

(1)An application for an NDIS check is an NDIS category B application if it is in respect of a person—

(a)who is charged with an NDIS category A offence, if the conduct alleged to constitute that offence occurred when the person was an adult; or

(b)who is charged with or has at any time been convicted or found guilty of an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was an adult.

(2)An application for an NDIS check is an NDIS category B application if it is in respect of a person who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if—

(a)the conduct constituting that offence occurred when the person was an adult; and

(b)the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and

(c)the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and

(d)the commission of the offence did not involve violence or coercion.

(3)For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

26Determination of NDIS category B application

The Secretary must refuse to give an NDIS clearance on an NDIS category B application, unless satisfied that there are exceptional circumstances having regard to the following—

(a)the nature, gravity and circumstances of the offence or alleged offence;

(b)the period of time that has passed since the offence or alleged offence was committed;

(c)the vulnerability of the victim at the time the offence or alleged offence was committed;

(d)the applicant's relationship to the victim at the time the offence or alleged offence was committed;

(e)whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence was committed;

(f)the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g)the applicant's behaviour since the applicant committed, or allegedly committed, the offence;

(h)all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.

27NDIS category C applications

(1)An application for an NDIS check is an NDIS category C application if it is in respect of a person—

(a)who is charged with or has at any time been convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or

(b)who is charged with or has at any time been convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or

(c)who has at any time been charged with an NDIS category A offence or an NDIS category B offence if the charge has been finally dealt with other than by way of conviction or finding of guilt; or

(d)who has at any time been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or

(e)who has at any time been subject to a relevant disciplinary or regulatory finding; or

(f)who has been assessed by the Secretary to the Department of Health and Human Services as posing an unacceptable risk to persons with a disability or NDIS participants; or

(g)who has been the subject of any relevant civil penalty imposed under the NDIS Act; or

(h)who, not more than 5 years before the application was made, was given a WWC exclusion on a WWC category C application or WWC category C re‑assessment.

Note

For examples of the ways a charge may be finally dealt with, see section 6(1).

(2)For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

28Determination of NDIS category C application

The Secretary must give an NDIS clearance on an NDIS category C application if the Secretary is satisfied that the applicant does not pose an unacceptable risk of harm to persons with a disability, having regard to the following—

(a)the nature, gravity and circumstances of the conduct;

(b)the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;

(c)the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(d)the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(e)whether the applicant had a position of authority in relation to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(f)the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g)the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;

(h)all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.

Division 4—Intention to give NDIS exclusion on application for NDIS check

29Secretary to notify applicant for NDIS check of intention to exclude

(1)If the Secretary is required to refuse or proposes to refuse to give an NDIS clearance under section 24, 26 or 28, the Secretary must before finally deciding the application—

(a)give a written notice to the applicant that—

(i)informs the applicant of the proposal or requirement; and

(ii)states the information about the applicant of which the Secretary is aware; and

(iii)invites the applicant to make a submission to the Secretary in writing or in another form approved by the Secretary within the timeframe specified in the notice; and

(b)give an interim NDIS exclusion to the applicant.

Note

An applicant who is given an interim NDIS exclusion on an application for a new NDIS check is not permitted to engage in work in a risk assessed role while that application is being determined—see sections 118 and 119.

(2)The period specified in the notice under subsection (1) must not be less than—

(a)in the case of an NDIS category A application, 14 days; or

(b)in the case of an NDIS category B application or an NDIS category C application, 28 days.

(3)The Secretary may extend the period specified in a notice for an NDIS category A application if the applicant satisfies the Secretary that it is appropriate to allow the applicant further time to make a submission.

(4)Before finally deciding the application the Secretary must consider any submission made by the applicant in response to a notice under subsection (1) within the specified period, unless the applicant notifies the Secretary that the applicant does not want to make a submission.

(5)Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—

(a)a proceeding in respect of an offence against this Act; or

(b)a proceeding in respect of the falsity or misleading nature of the information.

30Secretary must give NDIS exclusion to applicant who fails to make submission within timeframe

The Secretary must give an NDIS exclusion to an applicant for an NDIS check if, before the end of the period specified under section 29(2) or (3), the applicant—

(a)does not make a submission in response to the notice under section 29(1); or

(b)notifies the Secretary that the applicant does not want to make a submission.

Division 5—Outcome of application for NDIS check

31Outcome of application for NDIS check

(1)Subject to subsection (2), the Secretary must give an NDIS clearance on an application for an NDIS check.

(2)The Secretary must give an NDIS exclusion to an applicant for an NDIS check who is refused an NDIS clearance under section 24, 26 or 28.

32Notice to applicant for NDIS check of outcome of application

(1)The Secretary must notify an applicant for an NDIS check in writing whether the applicant has been given an NDIS clearance or an NDIS exclusion.

(2)If the Secretary has given an NDIS exclusion to the applicant, the notice under subsection (1) must—

(a)state the reasons for the decision to give the NDIS exclusion on the application; and

(b)inform the applicant that the applicant may apply for internal review of the decision to give the NDIS exclusion and that, following internal review, the applicant may apply to VCAT.

Division 6—Duration of NDIS clearances

33Duration of NDIS clearance

An NDIS clearance remains in force for 5 years beginning on the date on which the NDIS clearance was given unless it is sooner revoked under Division 5 of Part 2.4 or surrendered under Part 2.5.

PART 2.2—CHANGE IN CIRCUMSTANCES OF HOLDER OR APPLICANT

34Holder of NDIS clearance or applicant for NDIS check must notify Secretary of relevant change in circumstances

(1)If a relevant change in circumstances occurs with respect to a person who holds an NDIS clearance or who has applied for an NDIS check and the application is still pending, that person must notify the Secretary in writing of the change within 7 days after becoming aware of the change.

Penalty:Level 9 fine (60 penalty units maximum).

(2)For the purposes of subsection (1), each of the following is a relevant change in circumstances—

(a)the person being charged with an NDIS category A offence or an NDIS category B offence;

(b)the person being convicted or found guilty of an NDIS category A offence or an NDIS category B offence or the charge otherwise being finally dealt with;

(c)the person becoming subject to reporting obligations imposed on the person by the Sex Offenders Registration Act 2004;

(d)the person becoming subject to a supervision order, a detention order or an emergency detention order;

(e)a relevant disciplinary or regulatory finding being made in relation to the person;

(f)the person being given a WWC exclusion.

(3)It is a defence to a charge for an offence against subsection (1) constituted by not notifying the Secretary of how a charge for an offence was finally dealt with if—

(a)the accused notified the Secretary of the filing of the charge-sheet containing the charge in accordance with subsection (1); and

(b)the Secretary re‑assessed under Part 2.4 the accused's eligibility to hold an NDIS clearance; and

(c)the accused's NDIS clearance was not revoked following the re‑assessment; and

(d)the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.

PART 2.3—FURTHER APPLICATIONS FOR NDIS CHECKS

35Time for application by holder of NDIS clearance or interstate NDIS clearance

A person who holds an NDIS clearance or an interstate NDIS clearance may apply for the carrying out of an NDIS check and a new NDIS clearance at any time within 3 months before the expiry of the person's NDIS clearance or interstate NDIS clearance.

36Consideration of application for NDIS check made by holder of NDIS clearance

(1)This section applies if—

(a)a person who holds an NDIS clearance applies in accordance with section 35 for the carrying out of an NDIS check; and

(b)the Secretary has not been notified of any relevant change in circumstances set out in section 34(2).

(2)The Secretary may consider the application without having regard to any offence or conduct that was considered by the Secretary in relation to the decision to give the current NDIS clearance.

37Restriction on right to make further application for an NDIS check—person given an NDIS exclusion

(1)A person who has been given an NDIS exclusion is not entitled to make a further application under section 15 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.

(2)For the purposes of subsection (1) a relevant change in circumstances is—

(a)a charge that was pending at the date of the NDIS exclusion being finally dealt with without the person being found guilty of the offence; or

(b)a finding of guilt being quashed or set aside by a court after the date on which the NDIS exclusion was given; or

(c)the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(d)the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

(e)a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the NDIS exclusion was given; or

(f)the person's WWC exclusion being deemed void under section 77 or being set aside, rendered inoperative or otherwise invalidated.

(3)If a person who has been given an NDIS exclusion is subsequently given an NDIS clearance under a further application made under section 15(1), the NDIS exclusion is deemed to be void and of no effect from the date the NDIS clearance is given.

PART 2.4—RE‑ASSESSMENT OF ELIGIBILITY TO HOLD NDIS CLEARANCE

Division 1—Re‑assessment of eligibility to hold NDIS clearance

38Re‑assessment of eligibility to hold NDIS clearance

(1)The Secretary must re‑assess a person's eligibility to hold an NDIS clearance if—

(a)notified by the person of a relevant change in circumstances under section 34; or

(b)notified of a relevant disciplinary or regulatory finding being made against the person; or

(c)notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or

(d)notified by a law enforcement agency of a charge or how a charge has been finally dealt with; or

(e)notified by an NDIS worker screening unit of a charge or how a charge has been finally dealt with in another State or a Territory; or

(f)the Secretary becomes aware that the person has been given a WWC exclusion on a WWC category C application or a WWC category C re‑assessment.

(2)The Secretary is not required to re‑assess a person's eligibility to hold an NDIS clearance on being notified of a charge for an offence being finally dealt with if—

(a)a re‑assessment was carried out on the Secretary being notified of the filing of the charge-sheet containing the charge; and

(b)the clearance was not revoked following that re‑assessment.

(3)If the Secretary commences a re‑assessment of a person's eligibility to hold an NDIS clearance, and the clearance expires before the re‑assessment has been completed, the Secretary may complete the re‑assessment.

39Suspension powers on re‑assessment of NDIS clearance

(1)Subject to subsection (2), the Secretary must suspend a person's NDIS clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Secretary becomes aware that—

(a)the person has become subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(b)the person has become subject to a supervision order, a detention order or an emergency detention order; or

(c)the person has been charged with or been convicted or found guilty of an NDIS category A offence or an NDIS category B offence, where the conduct constituting or alleged to constitute the offence occurred when the person was an adult; or

(d)a banning order has been made in respect of the person.

(2)The Secretary is not required to suspend a person's NDIS clearance pending the carrying out and completion of a re‑assessment of that person's eligibility to hold an NDIS clearance if—

(a)the person is being re‑assessed because the Secretary was notified of a charge for an offence being finally dealt with; and

(b)a re‑assessment was carried out on the Secretary being notified of the filing of the charge-sheet containing the charge.

(3)If the person is being re‑assessed because the Secretary was notified that the person has been charged with an NDIS category A offence or an NDIS category B offence, the Secretary may reinstate that person's NDIS clearance if, after the suspension of the clearance—

(a)the charge against the person is withdrawn; or

(b)the charge is dismissed by a court; or

(c)the person is acquitted of the offence by a court.

(4)If a person's NDIS clearance is suspended under this section, the person is taken to not hold an NDIS clearance for the period of the suspension.

(5)The Secretary must notify a person whose NDIS clearance is suspended under this section as soon as possible.

Division 2—Consideration of re‑assessment

40Consideration of re‑assessment—NDIS clearance

(1)On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Secretary—

(a)may have regard to any notice given to the Secretary by, and make enquiries to, any disciplinary or regulatory entity; and

(b)may make any other enquiries to, or seek information on the re‑assessment from, any person or source that the Secretary thinks fit, including but not limited to—

(i)the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(ii)the Disability Worker Registration Board; and

(iii)the Victorian Disability Worker Commission; and

(iv)the Victorian Disability Worker Commissioner; and

(v)any authorised entity; and

(c)may require the person to provide any further information that the Secretary thinks fit in the manner required by the Secretary within 28 days or any longer period that the Secretary determines.

(2)On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Secretary—

(a)is not required to consider any matter other than the matter that has given rise to the re‑assessment; and

(b)may have regard to any offence or conduct that was considered by the Secretary in relation to the granting of the NDIS clearance.

Division 3—Determination of re‑assessments

41NDIS category A re‑assessments

(1)A re‑assessment is an NDIS category A re‑assessment if the Secretary is required to re‑assess a person's eligibility to hold an NDIS clearance because the Secretary is notified that—

(a)the person has become subject to reporting obligations imposed by the Sex Offenders Registration Act 2004; or

(b)the person has become subject to a supervision order, a detention order or an emergency detention order; or

(c)the person has been convicted or found guilty of an NDIS category A offence specified in clauses 1 to 58 of Schedule 1 if the conduct constituting that offence occurred when the person was an adult; or

(d)subject to section 43(2), the person has been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if the conduct constituting that offence occurred when the person was an adult.

(2)For the purposes of this section, if the conduct constituting an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

42Determination of NDIS category A re‑assessment

The Secretary must revoke the person's NDIS clearance on an NDIS category A re‑assessment.

43NDIS category B re‑assessments

(1)A re‑assessment is an NDIS category B re‑assessment if the Secretary is required to re‑assess a person's eligibility to hold an NDIS clearance because the Secretary is notified that—

(a)the person has been charged with an NDIS category A offence if the conduct alleged to constitute that offence occurred when the person was an adult; or

(b)the person has been charged with, convicted or found guilty of an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was an adult.

(2)A re‑assessment is an NDIS category B re‑assessment if the Secretary is required to re‑assess the person's eligibility to hold an NDIS clearance because the Secretary is notified the person has been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 and—

(a)the conduct constituting that offence occurred when the person was an adult; and

(b)the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and

(c)the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and

(d)the commission of the offence did not involve violence or coercion.

(3)For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

44Determination of NDIS category B re‑assessment

The Secretary must revoke an NDIS clearance on an NDIS category B re‑assessment, unless satisfied that there are exceptional circumstances having regard to the following—

(a)the nature, gravity and circumstances of the offence or alleged offence;

(b)the period of time that has passed since the offence or alleged offence was committed;

(c)the vulnerability of the victim at the time the offence or alleged offence was committed;

(d)the person's relationship to the victim at the time the offence or alleged offence was committed;

(e)whether the person had a position of authority in relation to the victim at the time the offence or alleged offence was committed;

(f)the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g)the person's behaviour since the person committed, or allegedly committed, the offence;

(h)all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.

45NDIS category C re‑assessments

(1)A re‑assessment is an NDIS category C re‑assessment if the Secretary is required to re‑assess a person's eligibility to hold an NDIS clearance because the Secretary is notified that—

(a)the person has been charged with, convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or

(b)the person has been charged with, convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or

(c)the person has been charged with an NDIS category A offence or an NDIS category B offence and the charge has been finally dealt with other than by way of conviction or a finding of guilt; or

(d)the person has been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or

(e)the person has become subject to a relevant disciplinary or regulatory finding; or

(f)the person has become subject to any relevant civil penalty imposed under the NDIS Act.

Note

For examples of the ways a charge may be finally dealt with, see section 6(1).

(2)A re‑assessment is an NDIS category C re‑assessment if the Secretary is required to re‑assess the person's eligibility to hold an NDIS clearance because the Secretary becomes aware that the person has been given a WWC exclusion on a WWC category C application or a WWC category C re‑assessment.

(3)For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

46Determination of NDIS category C re‑assessment

The Secretary must not revoke an NDIS clearance on an NDIS category C re‑assessment unless satisfied that the person poses an unacceptable risk of harm to persons with a disability, having regard to the following—

(a)the nature, gravity and circumstances of the conduct;

(b)the period of time that has passed since the person engaged, or allegedly engaged, in the conduct;

(c)the vulnerability of the victim at the time the person engaged, or allegedly engaged, in the conduct;

(d)the person's relationship to the victim at the time the person engaged, or allegedly engaged, in the conduct;

(e)whether the person had a position of authority in relation to the victim at the time the person engaged, or allegedly engaged, in the conduct;

(f)the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g)the person's behaviour since the person engaged, or allegedly engaged, in the conduct;

(h)all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.

Division 4—Intention to revoke NDIS clearance

47Submission sought from holder before determining to revoke NDIS clearance

(1)If the Secretary proposes or is required under section 42, 44 or 46 to revoke a person's NDIS clearance, the Secretary must, before finally deciding the re‑assessment—

(a)give a written notice to the person that—

(i)informs the person of the proposal or requirement; and

(ii)states the information about the person of which the Secretary is aware; and

(iii)invites the person to make a submission to the Secretary in writing or in another form approved by the Secretary within the timeframe specified in the notice; and

(b)give an interim NDIS exclusion to the person.

(2)The period specified in the notice under subsection (1) must not be less than—

(a)in the case of an NDIS category A re‑assessment, 14 days; and

(b)in the case of an NDIS category B re‑assessment or an NDIS category C re‑assessment, 28 days.

(3)The Secretary may extend the period specified in a notice for an NDIS category A re‑assessment if the person satisfies the Secretary that it is appropriate to allow the person further time to make a submission.

(4)Before finally determining whether to revoke the person's NDIS clearance, the Secretary must consider any submission made by the person in response to a notice under subsection (1) within the specified period, unless the person notifies the Secretary that the person does not want to make a submission.

(5)Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—

(a)a proceeding in respect of an offence against this Act; or

(b)a proceeding in respect of the falsity or misleading nature of the information.

(6)If the Secretary—

(a)gives the person who holds the NDIS clearance an interim NDIS exclusion under subsection (1)(b); and

(b)finally determines not to revoke that NDIS clearance—

the Secretary must give notice in writing to the person of the determination not to revoke the NDIS clearance.

48Person given interim NDIS exclusion on re‑assessment taken not to hold an NDIS clearance

A person who is given an interim NDIS exclusion under section 47(1)(b) is taken to not hold an NDIS clearance until the Secretary finally determines the re‑assessment, unless the Secretary earlier revokes the person's NDIS clearance under section 50.

Division 5—Revocation of NDIS clearance

(aac)section 53T(1) (threat to distribute intimate image);

(a)section 81(1) (obtaining property by deception);

(b)section 82(1) (obtaining financial advantage by deception);

(c)section 178(a) (giving or receiving false or misleading receipt or account an indictable offence);

(d)section 191(1) (fraudulently inducing persons to invest money).

4An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958 in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 15A(1) (causing serious injury intentionally in circumstances of gross violence);

(b)section 15B(1) (causing serious injury recklessly in circumstances of gross violence);

(c)section 16 (causing serious injury intentionally);

(d)section 17 (causing serious injury recklessly);

(e)section 18 (causing injury intentionally or recklessly);

(f)section 31(1)(a) (assault or threaten to assault with intent to commit indictable offence);

(g)section 32(2) (offence to perform female genital mutilation);

(h)section 33(1) (offence to take a person from the State with the intention of having prohibited female genital mutilation performed);

(i)section 40(1) (sexual assault);

(j)section 41(1) (sexual assault by compelling sexual touching);

(k)section 42(1) (assault with intent to commit a sexual offence);

(l)section 43(1) (threat to commit a sexual offence);

(m)section 46(1) (administration of an intoxicating substance for a sexual purpose);

(n)section 47(1) (abduction or detention for a sexual purpose);

(o)section 50C(1) (sexual penetration of a child or lineal descendant);

(p)section 50D(1) (sexual penetration of a step‑child);

(q)section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);

(r)section 50F(1) (sexual penetration of a sibling or half-sibling);

(s)section 53F(1) (deceptive recruiting for commercial sexual services).

5An offence against any of the following sections of the Crimes Act 1958 in circumstances where a person suffers injury as a direct result of the offence—

(a)section 75A (armed robbery);

(b)section 77 (aggravated burglary);

(c)section 77A(1) (home invasion) if, at the time the person enters the home, the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive;

(d)section 77B(2) (aggravated home invasion), in circumstances where the person commits the aggravated home invasion with intent to commit an offence, punishable by imprisonment for a term of 5 years or more, involving an assault to a person in the home;

(e)section 79A(2) (aggravated carjacking), in circumstances where the person who commits the aggravated carjacking causes injury to another person in the course of the carjacking.

6An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 5 of the Crimes (Sexual Offences) Act 1980, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 52(1) (unlawfully and carnally knowing woman or girl aged 10 or above who is daughter, lineal descendant or step‑daughter);

(b)section 52(2) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is daughter, lineal descendant or step-daughter);

(c)section 52(2) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is daughter, lineal descendant or step-daughter);

(d)section 52(3) (unlawfully and carnally knowing woman or girl aged 10 or above who is sister or mother);

(e)section 52(4) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is mother or sister);

(f)section 52(4) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is mother or sister);

(g)section 55(1) (unlawfully and indecently assault any woman or girl);

(h)section 58 (owner or occupier of premises induces or knowingly suffers any girl to be on premises to be unlawfully and carnally known by any man);

(i)section 62 (forcible abduction of woman with intent to marry or carnally know);

(j)section 68(1) (buggery with violence);

(k)section 68(2) (buggery with mankind or any animal);

(l)section 68(3) (attempt buggery with mankind or animal);

(m)section 68(3) (assault with intent to commit buggery);

(n)section 68(3) (any indecent assault upon any male person);

(o)section 69(4) (male person commits or is party to the commission of or procures or attempts act of gross indecency with another male person).

7An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 44(1) (indecent assault);

(b)section 44(2) (indecent assault with aggravating circumstances);

(c)section 52(1) (sexual penetration with person aged 10 years or above and who is child, lineal descendant or step-child);

(d)section 52(2) (attempted sexual penetration with person aged 10 years or above who is child, lineal descendant or step-child);

(e)section 52(2) (assault with intent to sexually penetrate person aged 10 years or above who is child, lineal descendant or step-child);

(f)section 52(3) (person aged 18 or above permits father, mother, lineal ancestor or step-parent to take part in act of sexual penetration);

(g)section 52(4) (sexual penetration with person aged 10 years or above who is sibling or half-sibling);

(h)section 52(5) (attempted sexual penetration with person aged 10 years or above who is sibling or half-sibling);

(i)section 52(5) (assault with intent to sexually penetrate person aged 10 years or above who is sibling or half-sibling);

(j)section 54(1)(b) (person procures by false representation or pretence or attempts to procure person to take part in sexual penetration outside marriage);

(k)section 56(b) (taking away by force or detaining person with intent to take part in sexual penetration);

(l)section 61 (unlawful detention for the purpose of sexual penetration).

8An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 8(2) of the Crimes (Amendment) Act 1985, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 17 (intentionally causing grievous bodily harm or shooting etc. with intention to do grievous bodily harm);

(b)section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm).

9An offence against section 19A (intentionally causing a very serious disease) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (HIV) Act 1993 and repealed by section 3 of the Crimes Amendment (Repeal of Section 19A) Act 2015, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.

10An offence against section 37 (assault occasioning actual bodily harm or a common assault) of the Crimes Act 1958, repealed by section 3 of the Crimes (Sexual Offences) Act 1991, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.

11An offence against, or for which the penalty or the maximum or minimum penalty is fixed by any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 3 of the Crimes (Rape) Act 1991, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 42 (indecent assault);

(b)section 43 (indecent assault with aggravating circumstances).

12An offence for which the maximum penalty is fixed by section 10(1) (child destruction) (as amended) of the Crimes Act 1958, repealed by section 9 of the Abortion Law Reform Act2008.

13An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act2016, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 44(1) (incest with child, lineal descendant or step-child);

(b)section 44(3) (incest with lineal ancestor or step-parent);

(c)section 44(4) (incest with half-sibling);

(d)section 53(1) (administration of drugs etc.);

(e)section 55 (abduction or detention).

14An offence against section 60A(1) of the Crimes Act 1958 (sexual offence while armed with an offensive weapon) ) (as amended) inserted by section 21 of the Sentencing (Amendment) Act1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act2016 in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.

15An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 60AB(2) (sexual servitude);

(b)section 60AB(3) (sexual servitude);

(c)section 60AB(4) (sexual servitude);

(d)section 60AD(1) (deceptive recruiting for commercial sexual services).

16Any of the following offences in circumstances where there is a familial relationship between the offender and the child against whom the offence is committed—

(a)an offence against any of the following sections of the Crimes Act 1958—

(i)section 63(1) (child stealing);

(ii)section 63(2) (takes, decoys or entices away a child);

(iii)section 63A (kidnapping);

(b)any of the following common law offences—

(i)kidnapping;

(ii)stealing or unlawfully carrying away against one's will.

17An offence against section 261(1) (offence to fail to protect child from harm) of the Children and Young Persons Act 1989.

18An offence against section 493 (offence to fail to protect children from harm) of the Children, Youth and Families Act 2005.

19An offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981—

(a)section 71(1) (trafficking in a drug or drugs of dependence—large commercial quantity);

(b)section 71AA (trafficking in a drug or drugs of dependence—commercial quantity);

(c)section 71AB (trafficking in a drug of dependence to a child);

(d)section 71B (supply of drug of dependence to a child);

(e)section 72 (cultivation of narcotic plants—large commercial quantity);

(f)section 72A (cultivation of narcotic plants—commercial quantity);

(g)section 79(1) (conspiring) in circumstances where the conspiracy is to commit an offence against section 71(1), 71AA or 72A;

(h)section 80(1) (inciting etc.) in circumstances where the person incites the commission of an offence against section 71.

20An offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981, as in force immediately before the commencement of section 5 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001—

(a)section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;

(b)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence against section 71(1) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;

(c)section 80(1) (aiding, abetting, counselling, procuring, soliciting or incitement) in circumstances where the person aids, abets, counsels, procures, solicits or incites the commission of an offence against section 71(1) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence.

21An offence against section 80(1) (aiding, abetting, counselling, procuring, soliciting or incitement) of the Drugs, Poisons and Controlled Substances Act 1981, as in force immediately before the commencement of section 7 of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014, where the offence is committed on or after 1 January 2002 in circumstances where the person aids, abets, counsels, procures, solicits or incites the commission of an offence against section 71(1) or 71AA.

22An offence against section 10(1) of the Prevention of Cruelty to Animals Act 1986 (aggravated cruelty).

23An offence against any of the following sections of the Summary Offences Act 1966 in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—

(a)section 24(1)(a) (aggravated assault);

(b)section 24(2) (aggravated assault in company).

24An offence against section 41A of the Summary Offences Act 1966 (observation of genital or anal region) in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

25An offence against any of the following sections of the Criminal Code of the Commonwealth—

(a)section 72.3 (offences);

(b)section 101.1 (terrorist acts);

(c)section 101.2 (providing or receiving training connected with terrorist acts);

(d)section 101.4 (possessing things connected with terrorist acts);

(e)section 101.5 (collecting or making documents likely to facilitate terrorist acts);

(f)section 101.6 (other acts done in preparation for, or planning, terrorist acts);

(g)section 102.2 (directing the activities of a terrorist organisation);

(h)section 102.3 (membership of a terrorist organisation);

(i)section 102.4 (recruiting for a terrorist organisation);

(j)section 102.5 (training involving a terrorist organisation);

(k)section 102.6 (getting funds to, from or for a terrorist organisation);

(l)section 102.7 (providing support to a terrorist organisation);

(m)section 102.8 (associating with terrorist organisations);

(n)section 103.1 (financing terrorism);

(o)section 103.2 (financing a terrorist).

26An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where the person against whom the offence is committed is an adult who is not a vulnerable person—

(a)section 71.8 (unlawful sexual penetration);

(b)section 270.3 (slavery offences);

(c)section 270.5 (servitude offences);

(d)section 270.6A (forced labour offences);

(e)section 270.7 (deceptive recruiting for labour or services);

(f)section 270.7B (forced marriage offences);

(g)section 270.7C (offence of debt bondage);

(h)section 271.2 (offence of trafficking in persons);

(i)section 271.3 (trafficking in persons—aggravated offence);

(j)section 271.5 (offence of domestic trafficking in persons);

(k)section 271.6 (domestic trafficking in persons—aggravated offence);

(l)section 271.7D (offence of domestic organ trafficking);

(m)section 271.7E (domestic organ trafficking—aggravated offence);

(n)section 274.2 (torture);

(o)section 474.17A (aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence).

27An offence against any of the following sections of the Criminal Code of the Commonwealth—

(a)section 302.2 (trafficking commercial quantities of controlled drugs);

(b)section 303.4 (cultivating commercial quantities of controlled plants);

(c)section 304.1 (selling commercial quantities of controlled plants);

(d)section 309.2 (supplying controlled drugs to children);

(e)section 309.3 (supplying marketable quantities of controlled drugs to children for trafficking);

(f)section 309.4 (supplying controlled drugs to children for trafficking);

(g)section 309.7 (procuring children for trafficking marketable quantities of controlled drugs);

(h)section 309.8 (procuring children for trafficking controlled drugs);

(i)section 309.10 (procuring children for pre‑trafficking marketable quantities of controlled precursors);

(j)section 309.11 (procuring children for pre‑trafficking controlled precursors);

(k)section 309.12 (procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants);

(l)section 309.13 (procuring children for importing or exporting border controlled drugs or border controlled plants);

(m)section 309.14 (procuring children for importing or exporting marketable quantities of border controlled precursors);

(n)section 309.15 (procuring children for importing or exporting border controlled precursors).

28An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where a person suffers injury as a direct result of the offence—

(a)section 132.3 (aggravated robbery);

(b)section 132.4 (burglary);

(c)section 132.5 (aggravated burglary).

29An offence against any of the following sections (as amended) of the Criminal Code of the Commonwealth, repealed by clause 12 of Schedule 1 to the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 of the Commonwealth, in circumstances where the person against whom the offence is committed is an adult who is not a vulnerable person—

(a)section 270.7 (deceptive recruiting for sexual services);

(b)section 271.9 (debt bondage—aggravated offence).

30Any of the following common law offences in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)forgery;

(b)uttering.

31The common law offence of assault causing injury, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.

32An offence against Chapter 6 of this Act (other than section 128 or 130).

33An offence of attempting to commit an offence specified in this Schedule.

34An offence of incitement to commit an offence specified in this Schedule.

35An offence of conspiracy to commit an offence specified in this Schedule.

36An offence under a law of a jurisdiction other than Victoria that, if committed in Victoria, would have constituted an offence specified in this Schedule.

SCHEDULE 4—WWC CATEGORY B OFFENCES

Section 3(1)

1An offence (other than a child abuse material offence, a carnal knowledge offence or an offence specified in clause 4, 5, 6, 7, 8 or 9 of Schedule 2) specified in clause 1 of Schedule 1 to the Sentencing Act 1991 (sexual offences) in circumstances where the person against whom the offence is committed is not a child.

2A carnal knowledge offence.

3An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 (violent offences) other than murder or attempted murder.

4An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 (drug offences).

5An offence against section 71AB (trafficking in a drug of dependence to a child) or 71B (supply of a drug of dependence to a child) of the Drugs, Poisons and Controlled Substances Act 1981 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 71AB or 71B of that Act.

6An offence—

(a)against section 46 or 47 of the Sex Offenders Registration Act 2004 or against Part 5 of that Act (other than section 70); or

(b)against the Serious Sex Offenders Monitoring Act 2005 (other than section42(3)); or

(c)against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or

(d)against the Serious Offenders Act 2018 (other than section 277, 281, 284, 284A or 289A); or

(e)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against—

(i)section 46 or 47 of the Sex Offenders Registration Act 2004 or Part 5 of that Act (other than section 70); or

(ii)the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or

(iii)the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or

(iv)the Serious Offenders Act 2018 (other than section 277, 281, 284, 284A or 289A).

7An offence against section 271.4 (trafficking in children) or 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth, other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.

8An offence against section 21A (stalking) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 21A of that Act, in circumstances where the person against whom the offence is committed is a child.

9An offence against section 49N(1) (loitering near schools etc. by sexual offender) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49N(1) of that Act.

10An offence—

(a)against any of the following sections of the Crimes Act 1958—

(i)section 49O(1) (failure by a person in authority to protect a child from a sexual offence);

(ia)section 53R(1) (producing intimate image);

(ib)section 53S(1) (distributing intimate image);

(ic)section 53T(1) (threat to distribute intimate image);

(ii)section 327 (failure to disclose sexual offence committed against child under the age of 16 years); or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Crimes Act 1958 specified in paragraph (a).

11An offence against Chapter 6 of this Act (other than section 128 or 130).

12An offence against section 18 (causing injury intentionally or recklessly) of the Crimes Act1958 or under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 18 of the Crimes Act 1958.

13An offence—

(a)against any of the following sections of the Crimes Act 1958, if the offence was committed before the commencement of the Crimes (Amendment) Act 1985—

(i)section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm);

(ii)section 37 (common assault); or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Crimes (Amendment) Act 1985, would have constituted an offence against a section of the Crimes Act 1958 specified in paragraph (a).

14An offence against section 19 (sexual exposure) of the Summary Offences Act 1966 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 19 of the Summary Offences Act 1966.

15An offence against section 41A of the Summary Offences Act 1966 (observation of genital or anal region) or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that section.

16An offence—

(a)against section 17(1) (obscene, indecent, threatening language and behaviour etc. in public) of the Summary Offences Act 1966 constituted by indecent behaviour, if the offence was committed before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005; or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005, would have constituted an offence against section 17(1) of the Summary Offences Act1966 constituted by indecent behaviour.

17An offence against section 19 (obscene exposure) of the Summary Offences Act 1966, if the offence was committed before the commencement of section 25 of the Crimes Amendment (SexualOffences) Act 2016.

18An offence—

(a)against section 7(1)(c) (wilful and obscene exposure) of the Vagrancy Act 1966, if the offence was committed before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act2005; or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005, would have constituted an offence against section 7(1)(c) of the Vagrancy Act 1966.

19An offence—

(a)against any of the following sections of the Crimes Act 1958—

(i)section 63 (child stealing);

(ii)section 75A (armed robbery); or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Crimes Act 1958 specified in paragraph (a).

20An offence—

(a)against any of the following sections of the Children, Youth and Families Act 2005—

(i)section 493 (failing to protect a child from harm);

(ii)section 494 (leaving child unattended); or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Children, Youth and Families Act 2005 specified in paragraph (a).

21An offence—

(a)against any of the following sections of the Surveillance Devices Act 1999—

(i)section 7 (installing, using or maintaining a device to record or observe a private activity);

(ii)section 9B (employer installing, using or maintaining a device to record or observe a private activity of a worker); or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Surveillance Devices Act 1999 specified in paragraph (a).

22An offence against section 49C(2) of the Crimes Act 1958 (failure by person in authority to protect child from sexual offence), inserted in the Crimes Act 1958 by section 3 of the Crimes Amendment (Protection of Children) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that section 49C(2) of the Crimes Act 1958.

23An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.), inserted in the Crimes Act 1958 by section 10 of the Crimes (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that section 60B(2) of the Crimes Act 1958.

SCHEDULE 5—OBLIGATIONS AND ORDERS AND OFFENCES

Section 3(1)

1Obligations and orders

1.1Reporting obligations imposed on a person by the Sex Offenders Registration Act2004.

1.2A supervision order, a detention order or an emergency detention order.

2Offences

2.1An offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 (sexual offences) other than a carnal knowledge offence.

2.2A carnal knowledge offence where the conduct constituting the offence occurs when the person committing the offence is an adult.

2.3An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 (violent offences).

2.4An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 (drug offences).

2.5An offence—

(a)against section 71AB (trafficking in a drug of dependence to a child) or 71B (supply of a drug of dependent to a child) of the Drugs, Poisons and Controlled Substances Act 1981; or

(b)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 71AB or 71B of the Drugs, Poisons and Controlled Substances Act 1981.

2.6An offence—

(a)against section 46 or 47 of the Sex Offenders Registration Act 2004 or against Part 5 of that Act (other than section 70); or

(b)against the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3); or

(c)against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or

(d)against the Serious Offenders Act 2018 (other than section 277, 281, 284, 284A or 289A); or

(e)under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against—

(i)section 46 or 47 of the Sex Offenders Registration Act 2004 or Part 5 of that Act (other than section 70); or

(ii)the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or

(iii)the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or

(iv)the Serious Offenders Act 2018 (other than section 277, 281, 284, 284A or 289A).

2.7An offence against section 271.4 (trafficking in children) or 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth, other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.

2.8An offence against section 21A (stalking) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 21A of that Act, in circumstances where the person against whom the offence is committed is a child.

2.9An offence against section 49N(1) (loitering near schools etc. by sexual offender) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49N(1) of that Act, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.

2.10An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.), inserted in the Crimes Act 1958 by section 10 of the Crimes (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that section 60B(2) of the Crimes Act 1958, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 September 2020

Legislative Council: 15 October 2020

The long title for the Bill for this Act was "A Bill for an Act to provide for the screening of persons working with or caring for children or providing supports or services to persons with a disability under the National Disability Insurance Scheme, to repeal the Working with Children Act 2005 and for other purposes."

The Worker Screening Act 2020 was assented to on 4 November 2020 and came into operation as follows:

Sections 1–244, 246 on 1 February 2021: Special Gazette (No. 647) 8 December 2020 page 1.

Section 245 on 15 September 2021: s. 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Worker Screening Act 2020 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	S. 246 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1; s. 245 on 15.9.21: s. 2(2)
Note:	S. 246 repealed Pt 9.3 (ss 160–246) on 15.9.22
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	S. 82 on 1.12.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022

Assent Date:	23.8.22
Commencement Date:	S. 66 on 24.5.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date:	6.9.22
Commencement Date:	Ss 36, 37 on 30.7.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	S. 267 on 20.9.23: Special Gazette (No. 483) 12.9.23 p. 1
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024

Assent Date:	20.2.24
Commencement Date:	Ss 61, 62 on 21.2.24: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Worker Screening Act 2020

Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025

Assent Date:	18.6.25
Commencement Date:	Ss 14–16 on 19.6.25: s. 2
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Corrections Legislation Amendment Act 2025, No. 28/2025

Assent Date:	19.8.25
Commencement Date:	Ss 56, 57 on 20.8.25: s. 2(1); ss 43–53 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025, No. 33/2025

Assent Date:	27.8.25
Commencement Date:	Ss 3–18 on 28.8.25: s. 2
Current State:	This information relates only to the provision/s amending the Worker Screening Act 2020

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3   Explanatory details

No entries at date of publication.