Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 106

Finding in relation to disqualification

    (1)     If the Suitability Panel has made a finding of misconduct against a person, the Panel must then determine on the balance of probabilities whether or not the person poses an unacceptable risk of harm to children.

    (2)     In making the determination the Suitability Panel must consider any of the following factors that the Panel considers relevant, giving a factor the weighting that the Panel considers appropriate in the circumstances—

        (a)     the gravity of the misconduct;

        (b)     any previous findings of misconduct by the Suitability Panel in respect of the person;

        (c)     the likelihood of the person physically or sexually abusing a child in the future;

        (d)     the recency of the misconduct;

        (e)     the relevance of the misconduct to the role of the person as an out of home carer;

        (f)     the history of the person's work with the out of home care agency as an out of home carer.

    (3)     If the Suitability Panel finds that the person poses an unacceptable risk of harm to children, the Panel must find that the person should be disqualified from registration under this Part.

    (4)     If the Suitability Panel determines that the person does not pose an unacceptable risk of harm to children, the Panel must state that fact and that no finding of disqualification has been made against the person.

    (5)     If the Suitability Panel finds that the person should be disqualified from registration under this Part, the person is disqualified from registration under this Part.



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