Working with Children Act 2005 (Vic)
Version No. 063
Working with Children Act 2005
No. 57 of 2005
Version incorporating amendments as at
10 December 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
1AProtection of children to be paramount
2Commencement
3Definitions
4Meaning of finding of guilt
5Meaning of charged with an offence
6When is a charge pending?
7Act to bind the Crown
Part 2—Working with children check
Division 1—Preliminary
8Purpose of Part
9What is child-related work?
Division 2—Applications for working with children check
10Application for working with children check
11Consideration of application
12Category A application
13Category B application
14Category C application
15Withdrawal of application
16Submission sought from applicant before giving negative notice
Division 3—Outcome of application for working with children check
17Outcome of application
18Copy of notice to be given to employer or agency
19Duration of assessment notice
Division 4—Further applications for working with children check
19AFurther applications
19BFurther application by holder of current volunteer assessment notice
20Holder of assessment notice to notify of relevant change in circumstances
20ANotification of change of employer etc.
Division 5—Re-assessment
21Re-assessment
21AAConsideration of re-assessment
21ABDetermination of re-assessment—category A
21ACDetermination of re-assessment—category B
21ADDetermination of re-assessment—category C
21AESubmission sought from holder before determining to revoke assessment notice
21AFCopy of notice to be given to employer or agency
Division 6—Revocation and suspension of assessment notices
21ARevocation powers on failure to provide information
21BSuspension powers on re-assessment
21CRevocation of assessment notice and surrender of document
Division 7—General
22Notification requirements of holder of assessment notice
24Surrender of assessment notice
25Restriction on right to re-apply for working with children check
26Jurisdiction of VCAT—general
26AJurisdiction of VCAT—category A
26BJurisdiction of VCAT—category B
26CJurisdiction of VCAT—category C
Part 3—Exemptions from working with children check
27Volunteer whose child is participating or ordinarily participates in the relevant activity
28Person working with closely related child
29Children
30Teachers
31Police officers
31AFederal police officers
32Visiting workers
32AExemptions subject to negative notice
Part 4—Offences connected with child‑related work
33Engaging in child-related work without an assessment notice
34Offence for holder of negative notice to apply for child-related work
35Offence to engage in child-related work a person who does not have an assessment notice
36Offence for agency to offer the services of a person who does not have an assessment notice
37Using volunteer assessment notice for paid work
38Offence to use false or other person's assessment notice
39False or misleading information
39ASex offenders and serious offenders not to apply for assessment notice
40Confidentiality of information
Part 5—Miscellaneous
41Duty on police to notify Secretary of certain matters
41ASecretary may require production of information
42Secretary may notify police of certain matters
42ASecretary may request information during review
42BSecretary may notify Department of Health and Human Services of certain matters
42CDisclosure of information by the Department of Health and Human Services to the Secretary
43Delegation
44Offences by bodies corporate
45Offences by unincorporated bodies, partnerships etc.
46Giving of notices
47Evidentiary provisions
48Immunity
49Regulations
Part 6—Transitional provisions
50Transitional provision—Justice Legislation (Further Amendment) Act 2006
51Transitional provision—Working with Children Amendment Act 2007
52Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
53Transitional provision—Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014
54Transitional provision—Working with Children Amendment Act 2016
55Transitional provisions—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018
56Transitional provision—Children Legislation Amendment Act 2019
Schedules
Schedule 1—Category A offences
Schedule 2—Category B offences
Schedule 3—Obligations and orders and offences
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 063
Working with Children Act 2005
No. 57 of 2005
Version incorporating amendments as at
10 December 2019
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
(1)The main purpose of this Act is to assist in protecting children from sexual or physical harm by ensuring that people who work with, or care for, them are subject to a screening process.
(2)This Act amends the Sentencing Act 1991 to prevent sentencing courts from having regard to any consequences that may arise under this Act and amends Schedule 1 to that Act to broaden the range of sexual offences which may cause an offender to be treated as a serious sexual offender under that Act.
(3)This Act also makes minor amendments to—
(a)the Sex Offenders Registration Act 2004 consistent with provisions of this Act; and
(b)the Victorian Civil and Administrative Tribunal Act 1998 with respect to the procedure of VCAT on applications made to it under this Act; and
(c)the Victorian Institute of Teaching Act 2001 to make further provision for certain notification requirements for the purposes of this Act.
1AProtection of children to be paramount
When the Secretary or VCAT makes a decision or takes an action under this Act, the protection of children from sexual and physical harm must be the paramount consideration.
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 1 July 2006, it comes into operation on that day.
3Definitions
(1)In this Act—
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;
assessment notice means an assessment notice given by the Secretary to an applicant for a working with children check under Part 2;
* * * * *
carnal knowledge offence means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991;
category A offence means an offence specified in Schedule 1;
category B offence means an offence specified in Schedule 2;
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 paragraphs (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(ii), (iii), (iv), (v), (vi) or (vii), of clause 1 of Schedule 1 to the Sentencing Act 1991;
child-related work has the meaning given by section 9;
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 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;
(f)a fine default unpaid community work order within the meaning of the Sentencing Act 1991;
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 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;
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;
(iv)an adult education institution within the meaning of the Education and Training Reform Act 2006;
(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 or an adult education institution 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;
interim negative notice means an interim negative notice given by the Secretary under section 16(1)(b) or 21AE(1)(b);
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;
negative notice means a negative notice given by the Secretary to an applicant for a working with children check under Part 2 or on revoking an assessment notice under section 21C;
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;
person includes an unincorporated body or association and a partnership;
police officer has the same meaning as in the Victoria Police Act 2013;
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
relevant finding means a finding of a kind referred to in section 14(1)(a);
* * * * *
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;
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 check means the process under Part 2 for assessing or re‑assessing whether a person is suitable to work in child‑related work.
(2)For the purposes of this Act a person is listed with an agency if he or she has entered into an agreement with the agency for the agency to procure child-related work for him or her, 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 he or she has all or any of his or her 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 17(1)(c) or under section 38X(1)(b) or 38X(1)(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 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—
before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation.
(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 deemed 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—
(i)a summons to answer to the charge; or
(ii)a warrant to arrest the person—
has been issued and served.
6When is a charge pending?
(1)Subject to any regulations made under subsection (2), 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.
(2)The regulations may prescribe circumstances in which a charge against a person for an offence is not to be taken to be pending for the purposes of this Act.
(3)A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.
7Act to bind the Crown
(1)This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.
Part 2—Working with children check
Division 1—Preliminary
8Purpose of Part
(1)The purpose of this Part is to establish a process to screen persons engaging or intending to engage in child-related work.
(2)Nothing in this Act takes away from, or removes the need to comply with, any requirement imposed by or under any other Act with respect to child-related work.
Note
Child-related work includes voluntary work and practical training as well as paid employment (see the definition of work in section 3(1)).
9What is child-related work?
(1)For the purposes of this Act, child-related work is 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.
Example
A is employed as a nurse in the Geriatric ward of a public hospital. One day, a nurse who usually works in the Paediatric ward is unwell and A works in that nurse's place for that day. A is not engaged in child-related work as A's work does not usually involve direct contact with children.
Note
Direct contact is defined in section 3(1).
(1A)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)The services, bodies, places or activities referred to in subsection (1)(a) are—
(a)child protection services;
(b)child care services mentioned in section 194(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;
(c)children's services within the meaning of the Children's Services Act 1996;
(ca)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, youth supervision units 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;
(fa)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;
(g)paediatric wards of public hospitals within the meaning of the Health Services Act1988 or of denominational or private hospitals within the meaning of that Act;
(h)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;
(i)religious organisations;
(j)baby sitting or child minding services arranged by a commercial agency;
(k)fostering children;
(l)providing, on a publicly-funded or commercial basis, a transport service specifically for children;
(m)coaching or tuition services of any kind specifically for children;
(n)counselling or other support services for children;
(o)overnight camps for children regardless of the type of accommodation or of how many children are involved;
(p)school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;
(q)providing, on a commercial basis and not merely incidentally to or in support of other business activities, an entertainment or party service specifically for children;
(r)providing, on a commercial basis and not merely incidentally to or in support of other business activities, gym or play facilities specifically for children;
Example
The provision of play facilities for children by a fast‑food business may be merely incidental to the business of providing food.
(s)providing, on a commercial basis and not merely incidentally to or in support of other business activities, photography services specifically for children;
(t)talent or beauty competitions held for children on a commercial basis and not merely incidentally to or in support of other business activities.
* * * * *
(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; and
(b)the child is or has been 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 he or she 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 he or she—
(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.
The Child Employment Act 2003 applies to a child of or over 14 years of age and under 15 years of age undertaking a work experience arrangement referred to in section 5.4.11(4) of the Education and Training Reform Act 2006.
The operation of the Child Employment Act 2003 and its application to this Act has the effect that the supervision of the employment of a child undertaking that work experience arrangement is child-related work within the meaning of this
Act.
Section 19A of the Child Employment Act 2003 provides that this is the case despite the general exclusions in sections 9(1)(b) and 9(8)(b) of this Act for work experience arrangements.
Division 2—Applications for working with childrencheck
10Application for working with children check
(1)A person may apply to the Secretary for a working with children check to be carried out on him or her and an assessment notice to be given to him or her on completion of that check.
(2)An application must—
(a)be in the form approved by the Secretary; and
(b)be—
(i)signed by the applicant; or
(ii)if the applicant is not able to sign the application because of a disability within the meaning of the Equal Opportunity Act 2010, be accompanied by a statement from a registered medical practitioner certifying—
(A)that the person suffers from such a disability; and
(B)that the person is not able to sign the application because of that disability; and
(c)include any identifying information of a kind approved by the Secretary; and
(d)be accompanied by the prescribed application fee.
(2A)The approved form must provide for the following particulars—
(a)the full name of the applicant and any other names by which the applicant is or has been known; and
(b)the date and place of birth of the applicant; and
(c)the gender of the applicant; and
(d)the residential address and telephone number of the applicant; and
(e)the type of child-related work in which the applicant is engaged or intends to engage and whether it is for profit or gain; and
(f)the name, address and telephone number of each person with whom the applicant is engaged in child-related work; and
(g)any other information in relation to the applicant that the Secretary reasonably believes is appropriate.
(3)The approved form is to include provision for—
(a)authorising the conduct (in connection with the consideration of the application and, if an assessment notice is given, from time to time while that notice remains in force) of a police record check on the applicant; and
(b)consenting to enquiries being made about the applicant to any relevant prescribed body (in connection with the consideration of the application and, if an assessment notice is given, from time to time while that notice remains in force) and authorising the disclosure by that body of any relevant information.
(4)The Secretary may consider an application that does not include all the identifying information of the approved kind referred to in subsection (2)(c).
(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 that the Secretary determines.
(6)If an applicant has included identifying information of the approved kind to the Secretary for a previous application for a working with children check completed within 5 years and 3 months before the current application, the Secretary may exempt the applicant from the requirement to provide any identifying information under subsection (2)(c).
(7)The Secretary may approve any form of application and any kind of identifying information and must publish a copy of that form and that information on an Internet site maintained by the Secretary.
(8)If an application specifies that the applicant is engaged or intends to engage in child‑related work described in section 9(6), that application is taken not to specify an intention to engage in child-related work for profit or gain.
11Consideration of application
(1)In considering an application made under section 10, the Secretary—
(a)must arrange for the conduct of a police record check on the applicant; and
(b)may have regard to any notice given to the Secretary by, and make enquiries to, any relevant prescribed body; and
(c)may make any other enquiries to, or seek information on the application from, any person or source that the Secretary thinks fit, including the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and
(d)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.
(2)Despite subsection (1)(a), 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.
(3)A person in responding to an enquiry or a request for advice or information from the Secretary under subsection (1) does not contravene any duty of confidentiality imposed on the person by or under any Act (including the Judicial Proceedings Reports Act 1958) or agreement, despite anything to the contrary in that Act or agreement.
(4)If a person who has applied for an assessment notice makes a further application for another assessment notice, the Secretary may refuse to consider the first application for the assessment notice and that first application is to be treated as being withdrawn on the date of receipt of the further application.
(5)If a person who holds a current assessment notice applies for another assessment notice, the Secretary may refuse to consider the application for the further assessment notice until the holder surrenders to the Secretary the current assessment notice document that was given to him or her in respect of the first assessment notice.
(6)If a person who has been given a negative notice applies for an assessment notice, the Secretary must not consider the application further unless the Secretary has been notified in writing that there has been a change of circumstances within the meaning of section 25 relating to the issue of the negative notice.
(7)The Secretary may consider an application for a working with children check even though the applicant is exempt under this or any other Act from a working with children check.
(8)Nothing in subsection (7) requires the Secretary to consider an application for a working with children check from an applicant who is exempt under this or any other Act from a working with children check.
(9)If the Secretary refuses to consider an application on the basis that the person applying is exempt from the requirement to have a working with children check under this or any other Act, the application is to be treated as being withdrawn.
12Category A application
(1)An application is a category A application for the purposes of this Act if it is in respect of a person—
(a)who is subject to reporting obligations imposed on him or her by Part 3 of the Sex Offenders Registration Act 2004; or
(b)who is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005; or
(c)who is subject to a supervision order or a detention order; or
(ca)who is subject to an emergency detention order; or
(d)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or
(e)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category A offence other than an offence specified in clause 1 or 2 of Schedule 1.
(2)The Secretary must refuse to give an assessment notice on a category A application.
(3)Despite subsection (2), the Secretary may give an assessment notice on a category A application if—
(a)the application is in respect of a person who has at any time been given an assessment notice because of an order made by VCAT under section 26A(5); and
(b)a relevant change in circumstances (as defined in section 20(2)) has not occurred with respect to the person; and
(c)the Secretary is satisfied that exceptional circumstances do not exist with respect to the person that justify the refusal of the notice.
(4)For the purposes of this section, if the conduct constituting 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.
13Category B application
(1)An application is a category B application for the purposes of this Act if it is in respect of a person—
(a)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category B offence specified in clause 2, 8, 9 or 14A of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or
(b)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category B offence other than an offence specified in clause 2, 8, 9, 14A or 17 of Schedule 2; or
(c)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was a child.
(2)The Secretary must refuse to give an assessment notice on a category B application unless satisfied that doing so would not pose an unjustifiable risk to the safety of children, having regard to—
(a)the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and
(b)the period of time since the applicant committed, or allegedly committed, the offence; and
(c)whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and
(d)the sentence imposed for the offence; and
(e)the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence; and
(f)whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the applicant committed, or allegedly committed, the offence; and
(g)the applicant's behaviour since he or she committed, or allegedly committed, the offence; and
(h)the likelihood of future threat to a child caused by the applicant; and
(i)any information given by the applicant in, or in relation to, the application; and
(j)any other matter that the Secretary considers relevant to the application.
(3)In satisfying himself or herself that giving an assessment notice would not pose an unjustifiable risk to the safety of children, the Secretary must be satisfied that—
(a)a reasonable person would allow his or her child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and
(b)the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.
(4)For the purposes of this section, if the conduct constituting 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.
14Category C application
(1)An application is a category C application for the purposes of this Act if it is in respect of a person—
(a)who has at any time (whether before, on or after 3 April 2006) been subject to—
(i)a finding of a prescribed kind made by, or on behalf of, or referred to the Secretary by, a prescribed body; or
(ii)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
(iii)a determination under section 196(2)(d) or (e) or section 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or by another responsible tribunal within the meaning of that Law; or
(b)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category B offence specified in clause 2, 8, 9 or 14A of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or
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(c)who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of an offence other than a category A offence or category B offence; or
(d)who has at any time (whether before, on or after the commencement of this section) been charged with an offence specified in clause 2 of Schedule 3 if the charge has been finally dealt with other than by way of a conviction or a finding of guilt.
Note
For examples of the ways a charge may be finally dealt with, see section 6(1).
(2)The Secretary must give an assessment notice on a category C application unless—
(a)the Secretary is satisfied that giving the notice would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (3); or
(b)the Secretary is satisfied that—
(i)a reasonable person would not allow his or her child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; or
(ii)the applicant's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.
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(3)For the purposes of subsection (2)(a), the Secretary must have regard to—
(a)the nature and gravity of the conduct and its relevance to child-related work; and
(b)the period of time since the applicant engaged, or allegedly engaged, in the conduct; and
(c)in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and
(d)in the case of an offence, the sentence imposed for it; and
(e)the ages of the applicant and of any victim at the time the applicant engaged, or allegedly engaged, in the conduct; and
(f)whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the applicant engaged, or allegedly engaged, in it; and
(g)the applicant's behaviour since he or she engaged, or allegedly engaged, in the conduct; and
(h)the likelihood of future threat to a child caused by the applicant; and
(i)any information given by the applicant in, or in relation to, the application; and
(j)any other matter that the Secretary considers relevant to the application.
(4)For the purposes of this section, if the conduct constituting 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.
15Withdrawal of application
(1)An applicant for a working with children check may withdraw his or her application at any time before the first of the following to occur—
(a)the Secretary finally decides the application;
(b)the Secretary gives an interim negative notice under section 16(1)(b).
(2)The Secretary must treat an application as having been withdrawn if the applicant does not provide any information required under section 10 or further information required under section 11(1)(d) within the period required under that section.
(2A)Despite an application being withdrawn or treated as being withdrawn under this section, the Secretary may, if satisfied that the applicant wants to proceed with the application and has provided any information required under section 10 or any further information required under section 11(1)(d), reinstate the application as if it were an application under section 10.
(3)If—
(a)the Secretary is aware that the applicant is a person who—
(i)is, or is proposed to be, engaged in child-related work by another person; or
(ii)is listed with an agency; and
(b)the application is withdrawn or treated as withdrawn or reinstated under this section—
the Secretary, if he or she is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the withdrawal or reinstatement.
Note
Listed with an agency is defined in section 3(2).
16Submission sought from applicant before giving negative notice
(1)If the Secretary proposes, or is required under section 17(3), to give a negative notice on an application, the Secretary must before finally deciding the application—
(a)give a written notice to the applicant that—
(i)informs him or her of the proposal or requirement; and
(ii)states the information about him or her of which the Secretary is aware; and
(iii)invites him or her to make a submission to the Secretary, in writing or in another form approved by the Secretary, within the period specified in the notice about his or her eligibility to be given an assessment notice; and
(b)give an interim negative notice to the applicant.
(1A)The period specified in a notice under subsection (1) must be not less than—
(a)14 days in the case of a category A application unless the applicant satisfies the Secretary that it is appropriate to allow the applicant further time to make a submission; and
(b)28 days in the case of any other application.
(2)Before finally deciding the application the Secretary must consider any submission made by the applicant in response to a notice under subsection (1)(a) and within the period required under subsection (1A) unless the applicant notifies the Secretary that he or she does not want to make a submission.
(3)The Secretary must give a negative notice to the applicant if he or she does not make a submission in response to a notice under subsection (1)(a) within the period required under subsection (1A) unless the applicant notifies the Secretary that he or she does not want to make a submission.
(4)Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in—
(a)a criminal proceeding; or
(b)a proceeding for the imposition of a penalty—
other than—
(c)proceedings in respect of an offence against this Act; or
(d)a proceeding in respect of the falsity or misleading nature of the information.
Division 3—Outcome of application for working with children check
17Outcome of application
(1)Subject to sections 12(2) and (3), 13(2) and 14(2), the Secretary must give an assessment notice on an application.
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(2)An assessment notice must—
(a)state that the person in respect of whom it was issued has passed a working with children check; and
(b)if given on an application that did not specify an intention to engage in child-related work for profit or gain, state that the notice cannot be used in respect of child-related work engaged in for profit or gain.
(3)The Secretary must give a negative notice on an application that is a category A application or to an applicant who is otherwise refused an assessment notice.
(4)If the Secretary gives a negative notice to an applicant, he or she must give to the applicant with that notice a written notice that—
(a)states the reasons for the decision on the application; and
(b)informs the applicant that, in limited circumstances, he or she may apply to VCAT to have the decision reviewed or, in the case of a category A application, to have VCAT consider whether an assessment notice is to be given; and
(c)explains how an application may be made to VCAT.
18Copy of notice to be given to employer or agency
If the Secretary—
(a)gives an assessment notice, an interim negative notice or a negative notice to an applicant; and
(b)is aware that the applicant is a person who—
(i)is, or is proposed to be, engaged in child-related work by another person; or
(ii)is listed with an agency—
the Secretary, if he or she is aware of the identity of that other person or that agency, must also give a copy of that notice to that other person or that agency.
Note
Listed with an agency is defined in section 3(2).
19Duration of assessment notice
(1)An assessment notice remains in force for 5 years beginning on the date of the notice unless sooner revoked under section 21C or surrendered under section 24.
(2)A person who has a current assessment notice may apply for the carrying out of a working with children check and a new assessment notice at any time within the period beginning 6 months before, and ending 3 months after, the expiry of the notice.
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Division 4—Further applications for working with children check
19AFurther applications
If—
(a)a person who has a current assessment notice applies for the carrying out of a working with children check in accordance with section 19(2); and
(b)the Secretary has not been notified of any relevant change in circumstances under section 20(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 giving of the current assessment notice.
19BFurther application by holder of current volunteer assessment notice
(1)If—
(a)a person who has a current volunteer assessment notice applies for the carrying out of a working with children check; and
(b)the application specifies that the child-related work that the person engages in or intends to engage in is for profit or gain; and
(c)the Secretary has not been notified of any relevant change in circumstances under section 20(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 giving of the current volunteer assessment notice.
(2)In this section, volunteer assessment notice means an assessment notice, the application for which does not specify that the child-related work that the applicant engages in or intends to engage in is for profit or gain.
20Holder of assessment notice to notify of relevant change in circumstances
(1)If a relevant change in circumstances occurs with respect to a person who has a current assessment notice or who has applied for one and the application is still pending, that person must notify—
(a)the Secretary; and
(b)any person by whom he or she is engaged in child-related work; and
(c)any agency with which he or she is listed—
in writing of the change within 7 days after becoming aware of the change.
Penalty:Level 9 fine (60 penalty units maximum).
Note
Listed with an agency is defined in section 3(2).
(2)For the purposes of subsection (1) a relevant change in circumstances is—
(a)the person being charged with a category A offence or a category B offence; or
(b)the person being convicted or found guilty of a category A offence or a category B offence or the charge being otherwise finally dealt with; or
(c)the person becoming subject to reporting obligations imposed on him or her by
Part 3 of the Sex Offenders Registration Act 2004; or
(d)the person becoming subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005; or
(da)the person becoming subject to a supervision order or a detention order; or
(db)the person becoming subject to an emergency detention order; or
(e)a relevant finding being made against the person.
(3)In a proceeding for an offence against subsection (1) constituted by not notifying the Secretary of how a charge for an offence was finally dealt with, it is a defence to the charge for the accused to prove that—
(a)he or she 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 Division 5 his or her eligibility to have an assessment notice; and
(c)his or her assessment notice 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.
20ANotification of change of employer etc.
(1)This section applies if—
(a)a person has a current assessment notice or has applied for an assessment notice and the application is still pending; and
(b)there is a change in any person by whom he or she is engaged in child-related work or any agency with which he or she is listed.
(2)The holder of or applicant for the assessment notice must notify the Secretary of the change and the name, address and telephone number of each person with whom the holder or applicant will be engaged in child-related work within 21 days after becoming aware of the change.
Penalty:1 penalty unit.
(3)If a holder of, or applicant for, an assessment notice notifies the Secretary that he or she is not, or is no longer, engaged in child-related work with a person or listed with an agency, the Secretary may notify that person or agency in writing of the information in the notification.
Division 5—Re-assessment
21Re-assessment
(1)The Secretary must re-assess a person's eligibility to have an assessment notice—
(a)if notified of a relevant change in circumstances under section 20; or
(b)if notified by a prescribed body of a relevant finding being made against the person; or
(c)if notified by the Chief Commissioner of Police under section 41 of a charge or of how a charge has been finally dealt with; or
(d)if notified by any Commonwealth, State or Territory law enforcement agency (or other organisation acting on behalf of a Commonwealth, State or Territory law enforcement agency) of a charge or of how a charge has been finally dealt with.
(1A)For the purposes of subsection (1), State means a State of the Commonwealth.
(2)The Secretary is not required to re-assess a person's eligibility to have an assessment notice 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 assessment notice was not revoked following that re-assessment.
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* * * * *
* * * * *
(4)If an assessment notice is due to expire within 12 months after the date on which a re-assessment is required, the Secretary may invite the holder of the assessment notice to make a fresh application under section 10, despite section 19(2).
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(6)For the purposes of Part 4 a person must be regarded as still having a current assessment notice if—
(a)an interim negative notice has been given under section 21AE(1)(b); and
(b)his or her assessment notice—
(i)has not been revoked under section 21C following the re-assessment; or
(ii)has not been surrendered under section 24; or
(iii)has not expired.
21AAConsideration of re-assessment
(1)On a re-assessment of a person's eligibility to hold an assessment notice, the Secretary—
(a)may have regard to any notice given to the Secretary by, and make enquiries to, any relevant prescribed body; 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 the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and
(c)may require the holder of the assessment notice 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 assessment notice, 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 giving of the current assessment notice.
(3)A person in responding to an enquiry or a request for advice or information from the Secretary under subsection (1) does not contravene any duty of confidentiality imposed on the person by or under any Act (including the Judicial Proceedings Reports Act 1958) or agreement, despite anything to the contrary in that Act or agreement.
21ABDetermination of re-assessment—category A
(1)A re-assessment is a category A re‑assessment if the Secretary re-assesses a person's eligibility to have an assessment notice because the Secretary is notified that—
(a)the person has become subject to reporting obligations imposed on him or her by Part 3 of the Sex Offenders Registration Act 2004; or
(b)the person has become subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005; or
(c)the person has become subject to a supervision order or a detention order; or
(ca)the person has become subject to an emergency detention order; or
(d)the person has been charged with or convicted or found guilty of a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or
(e)the person has been charged with or convicted or found guilty of a category A offence other than an offence specified in clause 1 or 2 of Schedule 1.
(2)The Secretary must determine to revoke an assessment notice on a category A re‑assessment.
(3)For the purposes of this section, if the conduct constituting 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.
21ACDetermination of re-assessment—category B
(1)A re-assessment is a category B re‑assessment if the Secretary re-assesses a person's eligibility to have an assessment notice because the Secretary is notified that—
(a)the person has been charged with or convicted or found guilty of a category B offence specified in clause 2, 8, 9 or 14A of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or
(b)the person has been charged with or convicted or found guilty of a category B offence other than an offence specified in clause 2, 8, 9, 14A or 17 of Schedule 2; or
(c)the person has been charged with or convicted or found guilty of a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was a child.
(2)The Secretary must determine to revoke an assessment notice on a category B re‑assessment unless the Secretary is satisfied that the person having the notice would not pose an unjustifiable risk to the safety of children, having regard to—
(a)the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and
(b)the period of time since the holder of the assessment notice committed, or allegedly committed, the offence; and
(c)whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and
(d)the sentence imposed for the offence; and
(e)the ages of the holder and of any victim at the time the holder committed, or allegedly committed, the offence; and
(f)whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the holder committed, or allegedly committed, the offence; and
(g)the holder's behaviour since he or she committed, or allegedly committed, the offence; and
(h)the likelihood of future threat to a child caused by the holder; and
(i)any information given by the holder in, or in relation to, the re-assessment; and
(j)any other matter that the Secretary considers relevant to the re-assessment.
(3)In satisfying himself or herself that a person having an assessment notice would not pose an unjustifiable risk to the safety of children, the Secretary must be satisfied that—
(a)a reasonable person would allow his or her child to have direct contact with the holder of the assessment notice while the holder was engaged in any type of child‑related work; and
(b)the holder's engagement in any type of child‑related work would not pose an unjustifiable risk to the safety of children.
(4)For the purposes of this section, if the conduct constituting 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.
21ADDetermination of re-assessment—category C
(1)A re-assessment is a category C re‑assessment if the Secretary re-assesses a person's eligibility to have an assessment notice because the Secretary is notified that—
(a)the person has become subject to—
(i)a finding of a prescribed kind made by, or on behalf of, or referred to the Secretary by, a prescribed body; or
(ii)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
(iii)a determination under section 196(2)(d) or (e) or 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or by another responsible tribunal within the meaning of that Law; or
(b)the person has been charged with or convicted or found guilty of a category B offence specified in clause 2, 8, 9 or 14A of Schedule 2 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, convicted or found guilty of an offence other than a category A offence or category B offence; or
(d)the person has been charged with an offence specified in clause 2 of Schedule 3 and the charge has been finally dealt with other than by way of a conviction or a finding of guilt.
Note
For examples of the ways a charge may be finally dealt with, see section 6(1).
(2)The Secretary must determine not to revoke the assessment notice on a category C re‑assessment unless—
(a)the Secretary is satisfied that the person having the assessment notice would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (3); or
(b)the Secretary is satisfied that—
(i)a reasonable person would not allow his or her child to have direct contact with the holder of the assessment notice while the holder was engaged in any type of child-related work; or
(ii)the holder's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.
(3)For the purposes of subsection (2)(a), the Secretary must have regard to—
(a)the nature and gravity of the conduct and its relevance to child-related work; and
(b)the period of time since the holder of the assessment notice engaged, or allegedly engaged, in the conduct; and
(c)in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and
(d)in the case of an offence, the sentence imposed for it; and
(e)the ages of the holder and of any victim at the time the holder engaged, or allegedly engaged, in the conduct; and
(f)whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the holder engaged, or allegedly engaged, in it; and
(g)the holder's behaviour since he or she engaged, or allegedly engaged, in the conduct; and
(h)the likelihood of future threat to a child caused by the holder; and
(i)any information given by the holder in, or in relation to, the re-assessment; and
(j)any other matter that the Secretary considers relevant to the re-assessment.
(4)For the purposes of this section, if the conduct constituting 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.
21AESubmission sought from holder before determining to revoke assessment notice
(1)If the Secretary proposes or is required under this Division to determine to revoke an assessment notice, the Secretary must, before finally deciding the re-assessment—
(a)give a written notice to the holder of the assessment notice that—
(i)informs the holder of the proposal or requirement; and
(ii)states the information about the holder of which the Secretary is aware; and
(iii)invites the holder to make a submission to the Secretary, in writing or in another form approved by the Secretary, within the period specified in the notice about his or her eligibility to hold an assessment notice; and
(b)give an interim negative notice to the holder of the assessment notice.
(2)The period specified under subsection (1)(a)(iii) must be not less than—
(a)14 days in the case of a category A re‑assessment unless the holder of the assessment notice satisfies the Secretary that it is appropriate to allow the holder further time to make a submission; and
(b)28 days in the case of any other re‑assessment.
(3)Before finally determining whether to revoke an assessment notice the Secretary must consider any submission made by the holder in response to a notice under subsection (1)(a) and within the period specified under subsection (2) unless the holder notifies the Secretary that he or she does not want to make a submission.
(4)The Secretary must determine to revoke an assessment notice if the holder of that notice does not make a submission in response to an interim negative notice under subsection (1) within the period specified under subsection (2) unless the holder notifies the Secretary that he or she 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)a criminal proceeding; or
(b)a proceeding for the imposition of a penalty—
other than—
(c)proceedings in respect of an offence against this Act; or
(d)a proceeding in respect of the falsity or misleading nature of the information.
(6)If the Secretary—
(a)gives the holder of an assessment notice an interim negative notice under subsection (1)(b); and
(b)finally determines not to revoke that notice—
the Secretary must give notice in writing to the holder of the determination not to revoke the assessment notice.
21AFCopy of notice to be given to employer or agency
If the Secretary—
(a)gives the holder of an assessment notice a negative notice under section 21C or an interim negative notice under section 21AE; and
(b)is aware that the holder of the notice is a person who—
(i)is, or is proposed to be, engaged in child-related work by another person; or
(ii)is listed with an agency—
the Secretary, if he or she is aware of the identity of that other person or that agency, must also give a copy of that notice to that other person or that agency.
Note
Listed with an agency is defined in section 3(2).
Division 6—Revocation and suspension of assessment notices
21ARevocation powers on failure to provide information
(1)Despite section 21(6), if a person being re‑assessed under section 21 fails to provide information to the Secretary in accordance with section 21AA(1)(c), the Secretary may revoke the person's assessment notice in accordance with this section.
(2)The Secretary must notify the person referred to in subsection (1) of the Secretary's intention to revoke the person's assessment notice at least 28 days before the Secretary revokes the notice.
(3)The Secretary is not required to continue to carry out or complete the re-assessment of the person whose assessment notice has been revoked under subsection (1).
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(8)The Secretary must notify the person whose assessment notice has been revoked under subsection (1) as soon as possible after the revocation of the notice.
(9)If the Secretary is aware that the person whose assessment notice has been revoked under subsection (1) is a person who—
(a)is, or is proposed to be, engaged in child‑related work by another person; or
(b)is listed with an agency—
the Secretary, if he or she is aware of the identity of that other person or that agency, must notify the person or agency in writing of the revocation of the person's assessment notice.
(10)Nothing in this section prevents the former holder of an assessment notice applying for another assessment notice under this Act.
21BSuspension powers on re-assessment
(1)Despite section 21(6) and subject to subsection (1A), if the Secretary becomes aware that a person who has an assessment notice has become subject to an obligation or order specified in clause 1 of Schedule 3 or has been charged with or been convicted or found guilty of an offence specified in clause 2 of Schedule 3, the Secretary must suspend the person's assessment notice in accordance with this section pending the carrying out and completion of a re‑assessment under Division 5.
(1A)The Secretary is not required to suspend a person's assessment notice pending the carrying out and completion of a re-assessment of that person's eligibility to have an assessment notice 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.
(2)If the person is being re-assessed because the Secretary was notified that the person has been charged with an offence specified in clause 2 of Schedule 3, the Secretary may reinstate that person's assessment notice if, after the suspension of the notice—
(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.
(3)A person whose assessment notice has been suspended is to be treated for the purposes of this Act as not having a current assessment notice for the period of the suspension of his or her notice.
(4)The Secretary must notify the person whose assessment notice has been suspended under this section as soon as possible after the suspension of the notice.
(5)If the Secretary is aware that the person whose assessment notice has been suspended is a person who—
(a)is, or is proposed to be, engaged in child‑related work by another person; or
(b)is listed with an agency—
the Secretary, if he or she is aware of the identity of that other person or that agency, must notify the person or agency in writing of the suspension of the person's notice.
(6)If the Secretary—
(a)has notified a person or agency under subsection (5) that a person's assessment notice has been suspended; and
(b)finally determines not to revoke that assessment notice—
the Secretary must give notice in writing to that person or that agency of the determination not to revoke the assessment notice.
21CRevocation of assessment notice and surrender of document
(1)The Secretary may revoke an assessment notice following a re-assessment under Division 5 of the holder's eligibility to have the notice.
(2)If the Secretary revokes an assessment notice under this section, the Secretary must give a negative notice to the former holder of the assessment notice.
(3)If the Secretary gives a negative notice under subsection (2), the Secretary must give to the holder with that notice a written notice that—
(a)states the reasons for the decision to revoke the holder's assessment notice; and
(b)informs the holder that, in limited circumstances, he or she may apply to VCAT to have the decision reviewed or, in the case of a category A re-assessment, to have VCAT consider whether an assessment notice is to be given; and
(c)explains how an application may be made to VCAT.
(4)The Secretary may give a notice to a person whose assessment notice is revoked or has expired requiring him or her to surrender to the Secretary in the manner specified in the notice and within the period for doing so specified in the notice—
(a)the assessment notice document; or
(b)a document in the prescribed form evidencing the giving of the assessment notice.
(5)A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice given by the Secretary under subsection (4).
Penalty:Level 9 fine (60 penalty units maximum).
(6)If the Secretary—
(a)gives a notice under subsection (4) consequent on the expiry of an assessment notice; and
(b)is aware that the former holder of the notice is a person who—
(i)is, or is proposed to be, engaged in child-related work by another person; or
(ii)is listed with an agency—
the Secretary, if he or she is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the expiry.
Note
Listed with an agency is defined in section 3(2).
Division 7—General
22Notification requirements of holder of assessment notice
If a negative notice or an interim negative notice is given to a person, that person must notify—
(a)any person by whom he or she is engaged in child-related work; and
(b)any agency with which he or she is listed—
in writing of the giving of that notice within 7 days after being given it.
Penalty:Level 9 fine (60 penalty units maximum).
Note
Listed with an agency is defined in section 3(2).
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24Surrender of assessment notice
(1)The holder of a current assessment notice may at any time surrender the assessment notice document to the Secretary.
(2)For the purposes of this Act, a person who surrenders his or her only current assessment notice document is to be regarded as not having a current assessment notice.
(3)If the holder of a current assessment notice (the first assessment notice) applies for, and is given, another current assessment notice, the holder must not, without reasonable excuse, refuse or fail to surrender to the Secretary the current assessment notice document that was given to him or her in respect of the first assessment notice, within 7 days after being directed to do so by the Secretary.
Penalty:1 penalty unit.
(4)If—
(a)a person surrenders an assessment notice document to the Secretary under subsection (1); and
(b)the Secretary is aware that the former holder of the notice is a person who—
(i)is, or is proposed to be, engaged in child-related work by another person; or
(ii)is listed with an agency—
the Secretary, if he or she is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the surrender.
25Restriction on right to re-apply for working with children check
(1)A person who has been given a negative notice is not entitled to make a further application under section 10 until 5 years have elapsed after the date of that notice 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 notice 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 of the notice; or
(c)the person ceasing to be subject to reporting obligations imposed on him or her by Part 3 of the Sex Offenders Registration Act 2004; or
(d)the person being no longer subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act2005; or
(da)the person being no longer subject to a supervision order or detention order; or
(db)the person being no longer subject to an emergency detention order; or
(e)a relevant finding being quashed or set aside expressly or impliedly after the date of the notice.
(3)If a person who has been given a negative notice is subsequently given an assessment notice under a further application made under section 10, the negative notice is deemed to be void and of no effect from the date the assessment notice is given.
26Jurisdiction of VCAT—general
(1)Subject to subsections (2) and (3), a person who has been given a negative notice—
(a)on a category A application on the ground that he or she is a person referred to in paragraph (a), (b), (c) or (ca) of section 12(1); or
(b)on a category B application or a category C application; or
(c)because of a decision of the Secretary under section 21C(1) to revoke an assessment notice following a category A re‑assessment required because of circumstances referred to in paragraph (a), (b), (c) or (ca) of section 21AB(1); or
(d)because of a decision of the Secretary under section 21C(1) to revoke an assessment notice following a category B re-assessment or a category C re-assessment—
may apply to VCAT for review of the decision to give the negative notice.
(2)A person who is given a negative notice in the circumstances described in subsection (1)(a) may only apply for review on the ground that he or she is not such a person.
(3)A person who is given a negative notice in the circumstances described in subsection (1)(c) may only apply for review on the ground that that the circumstances referred to in paragraph (a), (b), (c) or (ca) of section 21AB(1) did not occur.
(4)An application for review under subsection (1) must be made within 28 days after the later of—
(a)the day on which the decision of the Secretary to give the negative notice is made; and
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Note
VCAT may, on an application under subsection (1), affirm the decision to give a negative notice or set that decision aside and either give an assessment notice or send the matter back to the Secretary for re-consideration (see section 51 of the Victorian Civil and Administrative Tribunal Act 1998).
26AJurisdiction of VCAT—category A
(1)Subject to subsection (1A), a person who has been given a negative notice—
(a)on a category A application (other than a person referred to in paragraph (a), (b), (c) or (ca) of section 12(1)); or
(b)because of a decision of the Secretary under section 21C(1) to revoke an assessment notice following a category A re‑assessment (other than on the ground that the circumstances that required the re‑assessment are those referred to in paragraph (a), (b), (c) or (ca) of section 21AB(1))—
may apply to VCAT for an assessment notice to be given to him or her.
(1A)Despite subsection (1), a person who has been given a negative notice referred to in that subsection may not apply to VCAT for an assessment notice to be given to the person if the person has at any time been charged with or convicted or found guilty of a category A offence and the person was an adult at the time of the commission or alleged commission of the offence.
1.2An extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005.
1.3A supervision order or a detention order.
1.4An 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.
2.1AA carnal knowledge offence where the conduct constituting the offence occurs when the person committing the offence is an adult.
2.2An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 (violent offences).
2.3An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 (drug offences).
2.4An offence—
(a)against section 71AB (trafficking in a drug of dependence to a child) or 71B (supply of adrug of dependence 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.
2.5An 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
(ca)against the Serious Offenders Act 2018 (other than section 277, 281 or 284); or
(d)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 or 284).
2.6An 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.
2.7An offence against section 21A of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had beencommitted in Victoria, would have constituted an offence against section 21A of thatAct, in circumstances where—
(a)the person against whom the offence is committed is a child; and
(b)the conduct constituting the offence occurred when the person committing the offence is an adult.
2.8An offence against section 49N(1) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had beencommitted in Victoria, would have constituted an offence against section 49N(1) of thatAct, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.
2.9An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.) inserted in the Crimes Act 1958 on 21 December 1993 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 section 60B(2), 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: 21 July 2005
Legislative Council: 16 August 2005
The long title for the Bill for this Act was "to assist in protecting children from sexual or physical harm by ensuring that people who work with, or care for, them have their suitability to do so checked by a government body, to amend the Sentencing Act 1991, the Sex Offenders Registration Act 2004, the Victorian Civil and Administrative Tribunal Act 1998 and the Victorian Institute of Teaching Act 2001 and for other purposes."
The Working with Children Act 2005 was assented to on 13 September 2005 and came into operation on 3 April 2006: Government Gazette 30 March 2006 page 615.
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 Working with Children Act 2005 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005
Assent Date: 29.11.05 Commencement Date: S. 16 on 30.11.05: s. 2(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Crimes (Sexual Offences) Act 2006, No. 2/2006
Assent Date: 7.3.06 Commencement Date: S. 47 on 1.12.06: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006
Assent Date: 11.4.06 Commencement Date: S. 28 on 12.4.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Education and Training Reform Act 2006, No. 24/2006
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 48) on 1.7.07: Government Gazette 28.6.07 p. 1304 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation (Further Miscellaneous Amendments) Act 2006, No. 27/2006
Assent Date: 6.6.06 Commencement Date: S. 23 on 30.6.06: s. 2 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 40) on 13.9.05: s. 2(2)(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 39) on 23.4.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
Assent Date: 10.10.06 Commencement Date: Ss 62, 63 on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Working with Children Amendment Act 2007, No. 56/2007
Assent Date: 7.11.07 Commencement Date: S. 4 on 3.4.06: s. 2(2); ss 3, 5–20 on 8.11.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Education and Training Reform Amendment Act 2008, No. 19/2008
Assent Date: 21.5.08 Commencement Date: S. 18 on 22.5.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation Amendment Act 2008, No. 21/2008
Assent Date: 2.6.08 Commencement Date: S. 25(2) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Family Violence Protection Act 2008, No. 52/2008
Assent Date: 23.9.08 Commencement Date: S. 270 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Transport Legislation Amendment (Driver and Industry Standards) Act 2008, No. 85/2008
Assent Date: 11.12.08 Commencement Date: S. 17 on 12.12.08: s. 2 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation Further Amendment Act 2009, No. 55/2009
Assent Date: 22.9.09 Commencement Date: S. 63 on 31.5.10: s. 2(4) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 136) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 68) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009
Assent Date: 1.12.09 Commencement Date: S. 20 on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009
Assent Date: 15.12.09 Commencement Date: S. 219(Sch. 3 item 7) on 1.1.10: Government Gazette 24.12.09 p. 3397 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 53) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 61) on 1.7.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Equal Opportunity Act 2010, No. 16/2010 (as amended by No. 26/2011)
Assent Date: 27.4.10 Commencement Date: S. 209(Sch. item 10) on 1.8.11: s. 2(4) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010
Assent Date: 18.5.10 Commencement Date: Ss 35, 36 on 1.7.11: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Child Employment Amendment Act 2010, No. 26/2010
Assent Date: 8.6.10 Commencement Date: S. 36 on 31.12.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Working with Children Amendment Act 2010, No. 51/2010
Assent Date: 24.8.10 Commencement Date: Ss 3–15, 17–24 on 25.8.10: s. 2(1); s. 16 on 8.11.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011
Assent Date: 5.7.11 Commencement Date: S. 104 on 1.8.11: Special Gazette (No. 236) 19.7.11 p. 1; s. 127 on 1.7.13: s. 2(3) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
Assent Date: 22.11.11 Commencement Date: S. 107(Sch. item 16) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Children's Services Amendment Act 2011, No. 80/2011
Assent Date: 21.12.11 Commencement Date: S. 79(Sch. item 9) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Health Professions Registration (Repeal) Act 2012, No. 27/2012
Assent Date: 29.5.12 Commencement Date: S. 29 on 1.7.12: s. 2 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Working with Children Amendment Act 2012, No. 61/2012
Assent Date: 23.10.12 Commencement Date: Ss 3–16 on 31.12.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013
Assent Date: 17.12.13 Commencement Date: S. 21 on 1.1.14: s. 2(4) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 112) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014, No. 19/2014
Assent Date: 1.4.14 Commencement Date: S. 92 on 30.9.15: Special Gazette (No. 278) 22.9.15 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Crimes Amendment (Protection of Children) Act 2014, No. 36/2014[3]
Assent Date: 3.6.14 Commencement Date: S. 6(1)(2) on 27.10.14: Special Gazette (No. 350) 7.10.14 p. 1 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 187) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
Assent Date: 26.8.14 Commencement Date: S. 154(2) on 27.8.14: s. 2(1); s. 154(1) on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, No. 66/2014 (as amended by No. 20/2015)
Assent Date: 9.9.14 Commencement Date: Ss 4–43 on 26.10.14: Special Gazette (No. 330) 23.9.14 p. 2 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014
Assent Date: 21.10.14 Commencement Date: S. 36 on 3.11.14: Special Gazette (No. 400) 29.10.14 p. 1 CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Education and Training Reform Amendment (Child Safe Schools) Act 2015, No. 7/2015
Assent Date: 21.4.15 Commencement Date: S. 14 on 22.4.15: s. 2(1) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation Amendment Act 2015, No. 20/2015
Assent Date: 16.6.15 Commencement Date: Ss 25–30 on 17.6.15: s. 2(3) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015
Assent Date: 22.9.15 Commencement Date: S. 30 on 1.12.15: s. 2(2) Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016, No. 9/2016
Assent Date: 15.3.16 Commencement Date: S. 13 on 16.3.16: s. 2(1) Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016
Assent Date: 6.9.16 Commencement Date: S. 49 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Working with Children Amendment Act 2016, No. 72/2016
Assent Date: 29.11.16 Commencement Date: Ss 22–27 on 1.5.17: Special Gazette (No. 111) 4.4.17 p. 2; ss 4–21, 28, 29 on 1.8.17: s. 2(2) Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017
Assent Date: 28.2.17 Commencement Date: S. 11 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017
Assent Date: 20.6.17 Commencement Date: S. 58 on 1.3.18: s. 2(4) Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
Assent Date: 29.8.17 Commencement Date: S. 97 on 30.8.17: s. 2(1) Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Serious Offenders Act 2018, No. 27/2018
Assent Date: 26.6.18 Commencement Date: S. 369 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018, No. 31/2018
Assent Date: 7.8.18 Commencement Date: Ss 66–69 on 1.9.19: s. 2(3) CurrentState: This information relates only to the provision/s amending the Working with Children Act 2005
Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019
Assent Date: 25.6.19 Commencement Date: S. 272 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005
Children Legislation Amendment Act 2019, No. 30/2019
Assent Date: 17.9.19 Commencement Date: Ss 20–30 on 10.12.19: Special Gazette (No. 496) 3.12.19 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1]
S. 30(1): The amendment proposed by section 6.1.2 (Schedule 7 item 48.3(a)) (repealed) of the Education and Training Reform Act 2006, No. 24/2006 is not included in this publication because the words
"section 11 of the Victorian Institute of Teaching Act 2001" do not
appear in section 30(1). Schedule 7 item 48.3(a) read as follows:
48.3In section 30—
(a)in subsection (1), for "section 11 of the Victorian Institute of Teaching Act 2001" substitute "section 2.6.9 of the Education and Training Reform Act 2006";
[2] S. 51: The amendment proposed by section 47 of the Crimes (Sexual Offences) Act 2006, No. 2/2006 (repealed) is not included in this publication due to the earlier repeal of section 51 by section 63 of the Justice Legislation (Further Amendment) Act 2006, No. 79/2006 (repealed).
[3] Table of Amendments: The amendments proposed by section 6(1)(2) of the Crimes Amendment (Protection of Children) Act 2014, No. 36/2014 (repealed) are not included in this publication due to the earlier repeal of section 13(1)(fb)(g) by section 12(2) of the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, No. 66/2014 (repealed).
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0
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