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)…