Working with Children Act 2005 (Vic)

Legislation au Victorian Legislation - Acts (VICLegAct) V I C T O R I A N L E G I S L A T I O N

Legislation content

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)…

Continue reading Working with Children Act 2005 (Vic)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.