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PARLIAMENT OF VICTORIA
Working with Children Amendment Bill 2010
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Diversion orders 2
4 Child-related work 2
5 Applications 3
6 Enquiries about applications 4
7 Consideration of further applications 4
8 Category 3 applications 5
9 Deemed withdrawal of application 6
10 Submissions before negative notice 6
11 Refusal to give assessment notice 7
12 Ongoing monitoring 7
13 New section 19A inserted 8
19A Further applications 8
14 Consequential amendment 8
15 New section 20A inserted 8
20A Notification of change of employer etc. 8
16 Powers on re-assessment 9
17 New section 21A inserted 9
21A Suspension powers on reassessment 9
18 Revocation of assessment notice 10
19 Notification of surrender of assessment notice 11
20 Negative notices 11
21 New section 31A inserted 12
31A Federal police officers 12
22 New section 39A inserted 13
39A Sex offenders not to apply for assessment notice 13
23 Giving information to other bodies 13
24 Notification by police 14
25 Child Employment Act 2003 14
26 Repeal of Act 15
ENDNOTES 16
561472B.I-8/6/2010 i BILL LA INTRODUCTION 8/6/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Working with Children Amendment
Bill 2010
A Bill for an Act to amend the Working with Children Act 2005
and the Child Employment Act 2003 and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The main purposes of this Act are--
(a) to amend the Working with Children Act
2005 to make further provision for--
5 (i) applications for working with children
checks; and
(ii) the issue, suspension and revocation of
assessment notices; and
(iii) offences under the Act;
10 (b) to make consequential amendments to the
Child Employment Act 2003.
561472B.I-8/6/2010 1 BILL LA INTRODUCTION 8/6/2010
Working with Children Amendment Bill 2010
s. 2
2 Commencement
(1) This Act, except sections 16 and 25, comes into
operation on the day after the day on which it
receives the Royal Assent.
5 (2) Section 16 comes into operation on 8 November
2012.
(3) Subject to subsection (4), section 25 comes into
operation on a day to be proclaimed.
(4) If section 25 does not come into operation before
10 31 December 2010, it comes into operation on that
day.
3 Diversion orders
See: (1) In section 6(1)(d) of the Working with Children
Act No.
57/2005. Act 2005 for "court." substitute "court;".
Reprint No. 2
15 as at (2) After section 6(1)(d) of the Working with
22/5/2008
and
Children Act 2005 insert--
amending
Act Nos "(e) the person is discharged by the Magistrates'
52/2008, Court after completing a diversion program
85/2008,
55/2009, under section 59 of the Criminal Procedure
20 68/2009, Act 2009.".
69/2009,
74/2009,
91/2009,
6/2010,
13/2010,
16/2010 and
19/2010.
LawToday:
www.
legislation.
vic.gov.au
4 Child-related work
(1) In the example at the foot of section 9(2) of the
Working with Children Act 2005 after "worker"
where first occurring insert "(whether paid or a
25 volunteer)".
561472B.I-8/6/2010 2 BILL LA INTRODUCTION 8/6/2010
Working with Children Amendment Bill 2010
s. 5
(2) In section 9(3) of the Working with Children
Act 2005--
(a) in paragraph (e) for "community services"
substitute "out of home care services";
5 (b) in paragraph (g) after "or of" insert
"denominational or".
(3) In the example at the foot of section 9(8)(a) of the
Working with Children Act 2005 after "cricket
team" insert "whether on a professional or
10 amateur basis".
5 Applications
(1) In section 10(2)(c) of the Working with Children
Act 2005 for "prescribed kind" substitute "kind
approved by the Secretary".
15 (2) After section 10(3) of the Working with
Children Act 2005 insert--
"(4) The Secretary may consider an application
that does not include all the identifying
information of the approved kind referred to
20 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
25 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
30 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
561472B.I-8/6/2010 3 BILL LA INTRODUCTION 8/6/2010
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s. 6
provide any identifying information under
subsection (2)(c).
(7) The Secretary may approve any form of
application and any kind of identifying
5 information and must publish a copy of that
form and that information on an Internet site
maintained by the Secretary.".
6 Enquiries about applications
For section 11(1)(c) of the Working with
10 Children Act 2005 substitute--
"(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
15 and any employee within the meaning of the
Public Administration Act 2004; and".
7 Consideration of further applications
After section 11(3) of the Working with
Children Act 2005 insert--
20 "(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
25 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,
30 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
35 assessment notice.
561472B.I-8/6/2010 4 BILL LA INTRODUCTION 8/6/2010
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s. 8
(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
5 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
10 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
15 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.
20 (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
25 treated as being withdrawn.".
8 Category 3 applications
For section 14(1)(a) of the Working with
Children Act 2005 substitute--
"(a) who has at any time (whether before, on or
30 after 3 April 2006) been subject to--
(i) a finding of a prescribed kind made by,
or on behalf of, a prescribed body; or
(ii) a determination by VCAT under
section 77(4)(g) or (h) or 77(5)(e) or (f)
35 of the Health Professions Registration
Act 2005; or".
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s. 9
9 Deemed withdrawal of application
(1) In section 15(2) of the Working with Children
Act 2005 for "further information required under
section 11(1)(d)" substitute "information required
5 under section 10 or further information required
under section 11(1)(d)".
(2) After section 15(2) of the Working with
Children Act 2005 insert--
"(2A) Despite an application being withdrawn or
10 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
15 information required under section 11(1)(d),
reinstate the application as if it were an
application under section 10.".
(3) In section 15(3) of the Working with Children
Act 2005--
20 (a) after "withdrawn" where secondly occurring
insert "or reinstated".
(b) after "withdrawal" insert "or reinstatement".
10 Submissions before negative notice
(1) In section 16(1)(a)(iii) of the Working with
25 Children Act 2005 omit "(not being less than
28 days after the date of the notice)".
(2) After section 16(1) of the Working with
Children Act 2005 insert--
"(1A) The period specified in a notice under
30 subsection (1) must be not less than--
(a) 14 days in the case of a category 1
application unless the applicant satisfies
the Secretary that it is appropriate to
561472B.I-8/6/2010 6 BILL LA INTRODUCTION 8/6/2010
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s. 11
allow the applicant further time to make
a submission; and
(b) 28 days in the case of any other
application.".
5 (3) In section 16 (2) and 16(3) of the Working with
Children Act 2005 for "that subsection"
substitute "subsection (1A) unless the applicant
notifies the Secretary that he or she does not want
to make a submission".
10 11 Refusal to give assessment notice
In section 17 of the Working with Children Act
2005--
(a) in subsection (1A)(a) omit "or has had a
charge for an offence (other than a relevant
15 offence) finally dealt with (other than by the
applicant being found not guilty of the
offence)";
(b) in subsection (1A)(b)(ii) for "conviction,
finding of guilt or final dealing" substitute
20 "conviction or finding of guilt";
(c) in subsection (1B)(a) for "conviction, finding
of guilt or final dealing" substitute
"conviction or finding of guilt";
(d) in subsection (1B)(b) omit "or has had more
25 than one offence of that kind finally dealt
with".
12 Ongoing monitoring
In section 19(3) of the Working with Children
Act 2005 after "Part 4 "insert "or Part 5".
561472B.I-8/6/2010 7 BILL LA INTRODUCTION 8/6/2010
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s. 13
13 New section 19A inserted
After section 19 of the Working with Children
Act 2005 insert--
"19A Further applications
5 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
10 (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
15 conduct that was considered by the Secretary
in relation to the giving of the current
assessment notice.".
14 Consequential amendment
For section 20(3)(d) of the Working with
20 Children Act 2005 substitute--
"(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.".
15 New section 20A inserted
25 After section 20 of the Working with Children
Act 2005 insert--
"20A Notification of change of employer etc.
(1) This section applies if--
(a) a person has a current assessment
30 notice or has applied for an assessment
notice and the application is still
pending; and
561472B.I-8/6/2010 8 BILL LA INTRODUCTION 8/6/2010
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s. 16
(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.
5 (2) The person referred to in subsection (1)(a)
must notify the Secretary of the change and
the name, address and telephone number of
each person with whom the person will be
engaged in child-related work within 21 days
10 after becoming aware of the change.
Penalty: 1 penalty unit.".
16 Powers on re-assessment
Section 21(2A) of the Working with Children
Act 2005 is repealed.
15 17 New section 21A inserted
After section 21 of Working with Children Act
2005 insert--
"21A Suspension powers on reassessment
(1) Despite section 21(6), if a person being
20 reassessed under section 21 fails to
provide information to the Secretary in
accordance with section 11(1)(d) (as applied
by section 21) the Secretary may suspend the
person's assessment notice in accordance
25 with this section.
(2) The Secretary must notify the person
referred to in subsection (1) of the
Secretary's intention to suspend the person's
assessment notice at least 28 days before the
30 Secretary suspends the notice.
(3) The Secretary may suspend the person's
assessment notice for the period not
exceeding 6 months specified by the
Secretary in the notice of suspension.
561472B.I-8/6/2010 9 BILL LA INTRODUCTION 8/6/2010
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s. 18
(4) The Secretary may reinstate an assessment
notice if he or she receives the information
required after the suspension of the
assessment notice.
5 (5) 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 the
notice.
10 (6) If the Secretary is aware that the person
whose notice has been suspended is a person
who--
(a) is, or is proposed to be, engaged in
child-related work by another person;
15 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
20 of the suspension of the person's assessment
notice.".
18 Revocation of assessment notice
(1) In section 23 of the Working with Children Act
2005--
25 (a) in subsection (1)(b)(i) omit "or has had a
charge for an offence (other than a relevant
offence) finally dealt with (other than by the
holder of the notice being found not guilty of
the offence)";
30 (b) in subsection (1)(b)(ii)(B) for "conviction,
finding of guilt or final dealing" substitute
"conviction or finding of guilt";
(c) in subsection (1A)(a) for "conviction, finding
of guilt or final dealing" substitute
35 "conviction or finding of guilt";
561472B.I-8/6/2010 10 BILL LA INTRODUCTION 8/6/2010
Working with Children Amendment Bill 2010
s. 19
(d) in subsection (1A)(b) omit "or has had more
than one offence of that kind finally dealt
with".
(2) After section 23(1A) of the Working with
5 Children Act 2005 insert--
"(1B) In considering whether it is appropriate to
revoke an assessment notice in the
circumstances referred to in subsection
(1)(b), the Secretary may do anything that he
10 or she has power to do under section 11 in
considering an application but is not required
to consider any matter other than the matter
that has given rise to the revocation.".
19 Notification of surrender of assessment notice
15 After section 24(3) of the Working with
Children Act 2005 insert--
"(4) If--
(a) a person surrenders an assessment
notice document to the Secretary under
20 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
25 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
30 in writing of the surrender.".
20 Negative notices
(1) In section 25(2)(e) of the Working with Children
Act 2005 after "set aside" insert "expressly or
impliedly".
561472B.I-8/6/2010 11 BILL LA INTRODUCTION 8/6/2010
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s. 21
(2) After section 25(2) of the Working with
Children Act 2005 insert--
"(3) If a person who has been given a negative
notice is subsequently given an assessment
5 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.".
21 New section 31A inserted
10 After section 31 of the Working with Children
Act 2005 insert--
"31A Federal police officers
(1) A person who is a member of the Australian
Federal Police within the meaning of the
15 Australian Federal Police Act 1979 of the
Commonwealth (other than a member who is
suspended from duty under that Act) is
exempt from a working with children check.
(2) A person referred to in subsection (1) who
20 engages in child-related work (other than as
a member of the Australian Federal Police)
and who relies on an exemption under
subsection (1) in respect of that work must
notify in writing--
25 (a) any person by whom he or she is
engaged in that child-related work; and
(b) any agency with which he or she is
listed for child-related work--
of the suspension or termination of the
30 employment of the person as a member of
the Australian Federal Police within 7 days
after receiving notice of the suspension or
termination.
Penalty: Level 9 fine (60 penalty units
35 maximum).".
561472B.I-8/6/2010 12 BILL LA INTRODUCTION 8/6/2010
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s. 22
22 New section 39A inserted
After section 39 of the Working with Children
Act 2005 insert--
"39A Sex offenders not to apply for assessment
5 notice
A person who is any of the following must
not apply for a working with children check
under this Act--
(a) a registered sex offender within the
10 meaning of section 67 of the Sex
Offenders Registration Act 2004; or
(b) a person subject to an extended
supervision order or interim extended
supervision order under the Serious
15 Sex Offenders Monitoring Act 2005;
or
(c) a person subject to a detention order or
a supervision order.
Penalty: 240 penalty units or imprisonment
20 for 2 years.".
23 Giving information to other bodies
After section 40(2)(e) of the Working with
Children Act 2005 insert--
"(ea) to a person or body established under a law
25 of the Commonwealth or another State or
Territory with functions or powers that
correspond with the functions or powers of
the Secretary or the Chief Commissioner of
Police under this Act; or".
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s. 24
24 Notification by police
In section 41(1) of the Working with Children
Act 2005 after "offence" insert "or any other
offence of a type that the Secretary has notified to
5 the Chief Commissioner of Police to be an offence
with a significant link to a risk to the safety of
children".
25 Child Employment Act 2003
(1) After section 19A(2)(d) of the Child
10 Employment Act 2003 insert--
'(da) section 21A applies with the expression
"Despite section 21(6)," omitted;'.
(2) After section 19B(1)(c) of the Child
Employment Act 2003 insert--
15 "(ca) a person who is a member of the Australian
Federal Police within the meaning of the
Australian Federal Police Act 1979 of the
Commonwealth (other than a member who is
suspended from duty under that Act);".
20 (3) After section 19B(4) of the Child Employment
Act 2003 insert--
"(5) A person referred to in subsection (1)(ca)
who supervises a child in employment (other
than as a member of the Australian Federal
25 Police) and who relies on an exemption
under subsection (1)(ca) in respect of that
supervision must notify any person by whom
he or she is employed in that supervision in
writing of the suspension or termination of
30 the employment of the person as a member
of the Australian Federal Police within
7 days after receiving notice of the
suspension or termination.
Penalty: 60 penalty units.".
561472B.I-8/6/2010 14 BILL LA INTRODUCTION 8/6/2010
Working with Children Amendment Bill 2010
s. 26
26 Repeal of Act
This Act is repealed on the first anniversary of the
first day on which all of its provisions are in
operation.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561472B.I-8/6/2010 15 BILL LA INTRODUCTION 8/6/2010
Working with Children Amendment Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561472B.I-8/6/2010 16 BILL LA INTRODUCTION 8/6/2010
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