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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Working with Children Amendment Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--WORKING WITH CHILDREN ACT 2005 4
3 Category 1 application 4
4 Category 2 application 4
5 Category 3 application 5
6 Outcome of application 7
7 New section 19B inserted 8
19B Further application by holder of current volunteer
assessment notice 8
8 Re-assessment 9
9 Suspension powers on reassessment 9
10 New section 21B inserted 10
21B Suspension powers on re-assessment--charge or
conviction of relevant offence 10
11 Revocation of assessment notice and surrender of document 12
12 Jurisdiction of VCAT 12
13 Accredited drivers--initial arrangements 13
14 Engaging in child-related work without an assessment notice 14
15 Offence to engage in child-related work a person who does
not have an assessment notice 14
16 Offence for agency to offer the services of a person who
does not have an assessment notice 14
PART 3--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998 15
17 Review of category 2 application 15
18 Review of category 3 application 16
571051B.I-23/5/2012 i BILL LA INTRODUCTION 23/5/2012
Clause Page
PART 4--MISCELLANEOUS AND CONSEQUENTIAL
AMENDMENTS 17
19 Working with children check exemption notice 17
20 When licensing authority must notify that working with
children check exemption notice has ceased to have effect 17
PART 5--REPEAL OF AMENDING ACT 18
21 Repeal of amending Act 18
ENDNOTES 19
571051B.I-23/5/2012 ii BILL LA INTRODUCTION 23/5/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Working with Children Amendment
Bill 2012
A Bill for an Act to amend the Working with Children Act 2005 in
relation to the giving, suspension, re-assessment and review of
assessment notices, to amend the Victorian Civil and
Administrative Tribunal Act 1998 and the Transport (Compliance
and Miscellaneous) Act 1983 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Working with Children Act
5 2005 to--
(i) strengthen the tests that must be
satisfied before an assessment notice
may be given;
(ii) make murder a category 1 offence;
571051B.I-23/5/2012 1 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 1--Preliminary
s. 1
(iii) increase the range of offences to be
considered when assessing a person's
eligibility for an assessment notice;
(iv) ensure that, in relation to a
5 re-assessment of a person's eligibility,
the categorisation of the matter is not
determined by the offence considered
in the earlier determination of
eligibility;
10 (v) increase the range of circumstances in
which the Secretary may suspend an
assessment notice or revoke a
suspended assessment notice;
(vi) clarify provisions relating to
15 applications to VCAT by persons
subject to supervision or detention
orders under the Serious Sex
Offenders (Detention and
Supervision) Act 2009;
20 (vii) prevent a person working with children
while his or her application for an
assessment notice is being determined
if the application is a category 1 or 2
application;
25 (b) to amend the Victorian Civil and
Administrative Tribunal Act 1998 to
strengthen the tests that must be satisfied
before an assessment notice may be given
under the Working with Children Act
30 2005;
(c) to make consequential amendments to the
Transport (Compliance and
Miscellaneous) Act 1983.
571051B.I-23/5/2012 2 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 1--Preliminary
s. 2
2 Commencement
(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
5 operation before 31 December 2012, it comes into
operation on that day.
__________________
571051B.I-23/5/2012 3 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 3
PART 2--WORKING WITH CHILDREN ACT 2005
3 Category 1 application
See: (1) In section 12(1)(d) of the Working with
Act No.
57/2005. Children Act 2005, for "offence." substitute
5 Reprint No. 3
as at
"offence; or".
1 August 2011
and
(2) After section 12(1)(d) of the Working with
amending Children Act 2005, insert--
Act Nos
51/2010, "(e) who has at any time (whether before, on or
34/2011,
65/2011 and after the commencement of the Working
10 80/2011. with Children Amendment Act 2012) been
LawToday:
www. convicted or found guilty of an offence
legislation. specified in clause 2(a) of Schedule 1 to the
vic.gov.au
Sentencing Act 1991 (murder).".
4 Category 2 application
15 (1) In section 13(1)(b) of the Working with
Children Act 2005, after "(violent offences"
insert "other than murder".
(2) In section 13(1)(g) of the Working with
Children Act 2005, for "clause 1" substitute
20 "clause 1 or 2(a)".
(3) After section 13(2) of the Working with
Children Act 2005, insert--
"(3) In satisfying himself or herself that giving an
assessment notice would not pose an
25 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 that was not directly
30 supervised by another person while the
applicant was engaged in any type of
child-related work; and
571051B.I-23/5/2012 4 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 5
(b) the applicant's engagement in any type
of child-related work would not pose an
unjustifiable risk to the safety of
children.".
5 5 Category 3 application
(1) For section 14(1)(ba) of the Working with
Children Act 2005, substitute--
"(ba) who has at any time (whether before, on or
after the commencement of the Working
10 with Children Amendment Act 2012) been
convicted or found guilty of--
(i) an offence against section 18 of the
Crimes Act 1958; or
(ii) an offence against section 19 or 37 of
15 the Crimes Act 1958 if the offence was
committed before the commencement
of the Crimes (Amendment) Act
1985; or
(iii) an offence under a law of a jurisdiction
20 other than Victoria that, if it had been
committed in Victoria, would have
constituted an offence against
section 18 of the Crimes Act 1958; or
(iv) an offence under a law of a jurisdiction
25 other than Victoria that, if it had been
committed in Victoria before the
commencement of the Crimes
(Amendment) Act 1985, would have
constituted an offence against
30 section 19 or 37 of the Crimes Act
1958; or".
571051B.I-23/5/2012 5 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 5
(2) For section 14(1)(bb) of the Working with
Children Act 2005, substitute--
"(bb) who has at any time (whether before, on or
after the commencement of the Working
5 with Children Amendment Act 2012) been
convicted or found guilty of--
(i) an offence against section 19 of the
Summary Offences Act 1966; or
(ii) an offence against section 17(1) of the
10 Summary Offences Act 1966
constituted by indecent behaviour if the
offence was committed before the
commencement of the Vagrancy
(Repeal) and Summary Offences
15 (Amendment) Act 2005; or
(iii) an offence against section 7(1)(c) of the
Vagrancy Act 1966 if the offence was
committed before the commencement
of the Vagrancy (Repeal) and
20 Summary Offences (Amendment)
Act 2005; or
(iv) an offence under a law of a jurisdiction
other than Victoria that, if committed in
Victoria, would constitute an offence
25 against section 19 of the Summary
Offences Act 1966; or
(v) an offence under a law of a jurisdiction
other than Victoria that, if it had been
committed in Victoria before the
30 commencement of the Vagrancy
(Repeal) and Summary Offences
(Amendment) Act 2005, would have
constituted an offence against
section 17(1) of the Summary
35 Offences Act 1966 constituted by
indecent behaviour; or
571051B.I-23/5/2012 6 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 6
(vi) an offence under a law of a jurisdiction
other than Victoria that, if it had been
committed in Victoria before the
commencement of the Vagrancy
5 (Repeal) and Summary Offences
(Amendment) Act 2005, would have
constituted an offence against
section 7(1)(c) of the Vagrancy Act
1966; or".
10 (3) After section 14(2) of the Working with
Children Act 2005, insert--
"(2A) The Secretary must determine that it is
appropriate to refuse to give an assessment
notice on a category 3 application unless the
15 Secretary is satisfied that--
(a) a reasonable person would allow his or
her child to have direct contact with the
applicant that was not directly
supervised by another person while the
20 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
25 children.".
(4) In section 14(3) of the Working with Children
Act 2005, for "In considering whether" substitute
"Subject to subsection (2A), in considering
whether".
30 6 Outcome of application
(1) After section 17(1A) of the Working with
Children Act 2005, insert--
"(1AB) The Secretary must determine that it is
appropriate to refuse to give an assessment
35 notice in the circumstances referred to in
571051B.I-23/5/2012 7 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 7
subsection (1A) unless the Secretary is
satisfied that--
(a) a reasonable person would allow his or
her child to have direct contact with the
5 applicant that was not directly
supervised by another person while the
applicant was engaged in any type of
child-related work; and
(b) the applicant's engagement in any type
10 of child-related work would not pose an
unjustifiable risk to the safety of
children.".
(2) In section 17(1B) of the Working with
Children Act 2005, for "In considering
15 whether" substitute "Subject to subsection
(1AB), in considering whether".
7 New section 19B inserted
After section 19A of the Working with Children
Act 2005, insert--
20 "19B Further application by holder of current
volunteer assessment notice
(1) If--
(a) a person who has a current volunteer
assessment notice applies for the
25 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
30 gain; and
571051B.I-23/5/2012 8 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 8
(c) the Secretary has not been notified of
any relevant change in circumstances
under section 20(2)--
the Secretary may consider the application
5 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
10 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.".
8 Re-assessment
15 After section 21(3) of the Working with
Children Act 2005, insert--
"(3A) Sections 12 to 14 apply to a re-assessment as
if the circumstances described in subsection
(1) that give rise to the re-assessment are the
20 circumstances that determine whether an
application is to be treated as a category 1,
category 2 or category 3 application.
(3B) The Secretary may re-assess a person's
eligibility to have an assessment notice under
25 this section having regard to any offence or
conduct that was considered by the Secretary
in relation to the giving of the current
assessment notice.".
9 Suspension powers on reassessment
30 (1) For the heading to section 21A of the Working
with Children Act 2005, substitute--
"Suspension and revocation powers on failure
to provide information".
571051B.I-23/5/2012 9 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 10
(2) After section 21A(6) of the Working with
Children Act 2005, insert--
"(7) If, on the expiry of the period of the
suspension of the assessment notice, the
5 Secretary has not received the information
required, the Secretary may revoke the
assessment notice.
(8) The Secretary must notify the person whose
assessment notice has been revoked under
10 subsection (7) 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 (7) is a person who--
15 (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
20 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
25 holder of an assessment notice applying for
another assessment notice under this Act.".
10 New section 21B inserted
After section 21A of the Working with Children
Act 2005, insert--
30 "21B Suspension powers on re-assessment--
charge or conviction of relevant offence
(1) Despite section 21(6), if the Secretary
becomes aware that a person who has an
assessment notice has been charged with or
571051B.I-23/5/2012 10 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 10
been convicted or found guilty of a
category 1 or category 2 offence, the
Secretary must suspend the person's
assessment notice in accordance with this
5 section pending the carrying out and
completion of a re-assessment under
section 21.
(2) If the person is being re-assessed because the
Secretary was notified that the person has
10 been charged with a relevant offence, the
Secretary may reinstate that person's
assessment notice if, after the suspension of
the notice--
(a) the charge against the person is
15 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
20 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
25 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
30 is a person who--
(a) is, or is proposed to be, engaged in
child-related work by another person;
or
571051B.I-23/5/2012 11 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 11
(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
5 of the suspension of the person's notice.".
11 Revocation of assessment notice and surrender of
document
(1) After section 23(1) of the Working with
Children Act 2005, insert--
10 "(1AA) The Secretary must determine that it is
appropriate to revoke an assessment notice in
the circumstances referred to in subsection
(1)(b) unless the Secretary is satisfied that--
(a) a reasonable person would allow his or
15 her child to have direct contact with the
holder of the assessment notice that was
not directly supervised by another
person while the holder was engaged in
any type of child-related work; and
20 (b) the holder's engagement in any type of
child-related work would not pose an
unjustifiable risk to the safety of
children.".
(2) In section 23(1A) of the Working with Children
25 Act 2005, for "In considering whether" substitute
"Subject to subsection (1AA), in considering
whether".
(3) In section 23(2) of the Working with Children
Act 2005, after "an assessment notice" insert
30 "under this section".
12 Jurisdiction of VCAT
(1) In section 26(1) of the Working with Children
Act 2005, for "(a) or (b)" substitute "(a), (b)
or (ba)".
571051B.I-23/5/2012 12 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 13
(2) After section 26(2) of the Working with
Children Act 2005, insert--
"(2A) In satisfying itself that giving an assessment
notice would not pose an unjustifiable risk to
5 the safety of children, VCAT must be
satisfied that--
(a) a reasonable person would allow his or
her child to have direct contact with the
applicant that was not directly
10 supervised by another person 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
15 unjustifiable risk to the safety of
children.".
(3) For section 26(3) of the Working with Children
Act 2005, substitute--
"(3) If, in accordance with this section, VCAT is
20 satisfied that giving an assessment notice
would not pose an unjustifiable risk to the
safety of children, VCAT may by order
direct the Secretary to give the assessment
notice to the applicant if it is satisfied that, in
25 all the circumstances, it is in the public
interest to do so.".
(4) In section 26(5)(a) of the Working with Children
Act 2005, for "(a) or (b)" substitute "(a), (b)
or (ba)".
30 13 Accredited drivers--initial arrangements
After section 32A(1)(b) of the Working with
Children Act 2005, insert--
"(ba) the person is the holder of an assessment
notice that has been suspended under this
35 Act; or".
571051B.I-23/5/2012 13 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 2--Working with Children Act 2005
s. 14
14 Engaging in child-related work without an
assessment notice
After section 33(2)(a)(i) of the Working with
Children Act 2005, insert--
5 "(ia) if the application was a category 1 or
category 2 application, did not know that the
application was a category 1 or category 2
application and it was not reasonable for him
or her to have known that the application
10 was a category 1 or category 2 application;
and".
15 Offence to engage in child-related work a person
who does not have an assessment notice
In section 35(2)(a) of the Working with Children
15 Act 2005, after "decided or withdrawn" insert
", unless the accused knew or ought reasonably to
have known that the application was a category 1
or category 2 application".
16 Offence for agency to offer the services of a person
20 who does not have an assessment notice
In section 36(2)(a) of the Working with Children
Act 2005, after "decided or withdrawn" insert
", unless the accused knew or ought reasonably to
have known that the application was a category 1
25 or category 2 application".
__________________
571051B.I-23/5/2012 14 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 3--Victorian Civil and Administrative Tribunal Act 1998
s. 17
PART 3--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998
17 Review of category 2 application
(1) In clause 102 of Schedule 1 to the Victorian Civil See:
Act No.
5 and Administrative Tribunal Act 1998, for 53/1998.
paragraphs (a) and (b), substitute-- Reprint No. 7
as at
1 January
"(a) whether giving an assessment notice would 2011
not pose an unjustifiable risk to the safety of and
amending
children, having regard to any matter to Act Nos
10 which the Secretary may have regard under 11/2010,
16/2010,
section 13(2) of that Act; and 74/2010 and
6/2012.
(b) if the Tribunal is satisfied that giving the LawToday:
notice would not pose an unjustifiable risk to www.
legislation.
the safety of children, whether, in all the vic.gov.au
15 circumstances, it is in the public interest to
give the notice.".
(2) At the end of clause 102 of Schedule 1 to the
Victorian Civil and Administrative Tribunal
Act 1998, insert--
20 "(2) In satisfying itself that giving an assessment
notice would not pose an unjustifiable risk to
the safety of children, the Tribunal must be
satisfied that--
(a) a reasonable person would allow his or
25 her child to have direct contact with the
applicant that was not directly
supervised by another person while the
applicant was engaged in any type of
child-related work; and
30 (b) the applicant's engagement in any type
of child-related work would not pose an
unjustifiable risk to the safety of
children.".
571051B.I-23/5/2012 15 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 3--Victorian Civil and Administrative Tribunal Act 1998
s. 18
18 Review of category 3 application
(1) In clause 103 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998, for
paragraphs (a) and (b), substitute--
5 "(a) whether in the particular circumstances it
would be appropriate to refuse to give an
assessment notice, having regard to any
matter to which the Secretary may have
regard under section 14(3) of that Act; and
10 (b) if the Tribunal is satisfied it would be
appropriate to refuse to give an assessment
notice, whether, in all the circumstances, it is
in the public interest to give the notice.".
(2) At the end of clause 103 of Schedule 1 to the
15 Victorian Civil and Administrative Tribunal
Act 1998, insert--
"(2) The Tribunal must determine that it is
appropriate to refuse to give an assessment
notice unless the Tribunal is satisfied that--
20 (a) a reasonable person would allow his or
her child to have direct contact with the
applicant that was not directly
supervised by another person while the
applicant was engaged in any type of
25 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.".
__________________
571051B.I-23/5/2012 16 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 4--Miscellaneous and Consequential Amendments
s. 19
PART 4--MISCELLANEOUS AND CONSEQUENTIAL
AMENDMENTS
19 Working with children check exemption notice
After section 169DA(3)(b) of the Transport See:
Act No. 9921.
5 (Compliance and Miscellaneous) Act 1983, Reprint No. 16
insert-- as at
7 September
2011
"(ba) the person is the holder of an assessment and
notice under the Working with Children amending
Act Nos
Act 2005 that has been suspended; or". 65/2010,
79/2010,
34/2011,
43/2011,
49/2011,
61/2011 and
65/2011.
LawToday:
www.
legislation.
vic.gov.au
10 20 When licensing authority must notify that working
with children check exemption notice has ceased to
have effect
(1) In section 169DB(1)(b) of the Transport
(Compliance and Miscellaneous) Act 1983, for
15 "2005." substitute "2005; or".
(2) After section 169DB(1)(b) of the Transport
(Compliance and Miscellaneous) Act 1983,
insert--
"(c) the holder's assessment notice under the
20 Working with Children Act 2005 is
suspended.".
__________________
571051B.I-23/5/2012 17 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Part 5--Repeal of Amending Act
s. 21
PART 5--REPEAL OF AMENDING ACT
21 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
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).
571051B.I-23/5/2012 18 BILL LA INTRODUCTION 23/5/2012
Working with Children Amendment Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571051B.I-23/5/2012 19 BILL LA INTRODUCTION 23/5/2012
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