Working with Children Regulations 2016 (Vic)

Version No. 002

Working with Children Regulations 2016

S.R. No. 9/2016

Version incorporating amendments as at

1 July 2017

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Application fees

7Secretary may reduce, waive or refund payment of fees

8Prescribed bodies

9Findings of a prescribed kind

10Prescribed persons

11Notification of change to personal particulars

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Working with Children Regulations 2016

S.R. No. 9/2016

Version incorporating amendments as at

1 July 2017

1Objectives

The objectives of these Regulations are—

(a)to prescribe application fees for a working with children check and to make provision for the waiver, reduction or refund of those fees; and

(b)to provide for offences relating to a failure by an applicant for or a holder of an assessment notice to notify the Secretary

of a change in the applicant's or holder's personal particulars; and

(c)to prescribe a body for the purposes of sections 10(3)(b), 11(1)(b), 14(1)(a), 21(1)(b), 21AA(1)(a) and 21AD(1)(a) of the Working with Children Act 2005; and

(d)to prescribe findings of a prescribed body for the purposes of sections 14(1)(a) and 21AD(1)(a) of the Working with Children Act 2005; and

(e)to prescribe persons for the purposes of section 43(b) of the Working with Children Act 2005.

2Authorising provision

These Regulations are made under section 49 of the Working with Children Act 2005.

3Commencement

These Regulations come into operation on 27 March 2016.

4Revocation

The following Regulations are revoked—

(a)the Working with Children Regulations 2006[1];

(b)the Working with Children (Amendment) Regulations 2007[2];

(c)the Working with Children Amendment Regulations 2008[3];

(d)the Working with Children Amendment Regulations 2010[4];

(e)the Working with Children Amendment Regulations 2012[5];

(f)the Working with Children Amendment (Fees) Regulations 2012[6].

5Definitions

In these Regulations—

Commission for Children and Young People means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

personal particulars means—

(a)a person's full name and any other name by which the person has been known; and

(b)a person's date of birth; and

(c)a person's residential address; and

(d)any telephone number provided as a person's telephone number in relation to the person's application for an assessment notice or current assessment notice;

Suitability Panel means the Suitability Panel established under Division 5 of Part 3.4 of the Children, Youth and Families Act 2005;

the Actmeans the Working with Children Act 2005;

Victorian Institute of Teaching means the Victorian Institute of Teaching continued in operation under Part 2.6 of the Education and Training Reform Act 2006.

6Application fees

The prescribed fee for an application under the Act referred to in column 2 of the Table is the fee opposite the application in column 3 of the Table.

Table

No.	Type of application	Fee
1	An application for a working with children check under section 10 of the Act for child-related work that is for profit or gain	8∙54 fee units
2	An application for a working with children check under section 10 of the Act, enabled by section 19(2) of the Act, for child-related work that is for profit or gain	6∙32 fee units
3	An application for the replacement of an assessment notice document for child-related work that is for profit or gain	$7.38

7Secretary may reduce, waive or refund payment of fees

The Secretary may, before or after an application referred to in column 2 of the Table in regulation 6, reduce, waive or refund (in whole or in part) the fee required under regulation 6 for that application.

8Prescribed bodies

For the purposes of sections 10(3)(b), 11(1)(b), 14(1)(a), 21(1)(b), 21AA(1)(a) and 21AD(1)(a) of the Act, the following bodies are prescribed—

(a)the Victorian Institute of Teaching;

(b)the Suitability Panel;

(c)the Commission for Children and Young People.

9Findings of a prescribed kind

For the purposes of sections 14(1)(a) and 21AD(1)(a) of the Act, the following are findings of a prescribed kind—

(a)a determination by a panel appointed under section 2.6.42(c) of the Education and Training Reform Act 2006 to do one or more of the following—

(i)impose conditions, limitations or restrictions on the registration of a teacher; or

(ii)suspend the registration of a teacher; or

(iii)cancel the registration of a teacher;

(b)a finding by the Suitability Panel under section 106 of the Children, Youth and Families Act 2005 that a person should be disqualified from registration under Part 3.4 of that Act;

(c)a finding that a person has committed reportable conduct within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005 that is referred under section 16ZD(1) of that Act.

10Prescribed persons

For the purposes of section 43(b) of the Act, a prescribed person is a person who is a police officer within the meaning of the Victoria Police Act 2013 and who has taken and subscribed the oath or affirmation of office referred to in section 50(1) of that Act (other than a member who is suspended from duty under that Act).

11Notification of change to personal particulars

(1)A person who has made an application for an assessment notice that is still pending must notify the Secretary of any change to the applicant's personal particulars within 21 days of becoming aware of the change.

Penalty:1 penalty unit.

(2)A person who holds a current assessment notice must notify the Secretary of any change to the holder's personal particulars within 21 days of becoming aware of the change.

Penalty:1 penalty unit.

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Endnotes

1   General information

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

The Working with Children Regulations 2016, S.R. No. 9/2016 were made on 1 March 2016 by the Governor in Council under section 49 of the Working with Children Act 2005, No. 57/2005 and came into operation on 27 March 2016: regulation 3.

The Working with Children Regulations 2016 will sunset 10 years after the day of making on 1 March 2026 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Working with Children Regulations 2016 by statutory rules, subordinate instruments and Acts.

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Working with Children Amendment (Reportable Conduct) Regulations 2017, S.R. No. 59/2017

Date of Making:	27.6.17
Date of Commencement:	1.7.17: reg. 3

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 29/2006. Reprint No. 1 as at 21 August 2008. Reprinted to S.R. No. 53/2008. Subsequently amended by S.R. Nos 119/2010, 98/2012 and 143/2012.

[2] Reg. 4(b): S.R. No. 59/2007.

[3] Reg. 4(c): S.R. No. 53/2008.

[4] Reg. 4(d): S.R. No. 119/2010.

[5] Reg. 4(e): S.R. No. 98/2012.

[6] Reg. 4(f): S.R. No. 143/2012.