Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   1A.     Protection of children to be paramount  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of finding of guilt  
   5.      Meaning of charged with an offence  
   6.      When is a charge pending?  
   7.      Act to bind the Crown  

   PART 2--WORKING WITH CHILDREN CHECK

   8.      Purpose of Part  
   9.      What is child-related work?  
   10.     Application for working with children check  
   11.     Consideration of application  
   12.     Category A application  
   13.     Category B application  
   14.     Category C application  
   15.     Withdrawal of application  
   16.     Submission sought from applicant before giving negative notice  
   17.     Outcome of application  
   18.     Copy of notice to be given to employer or agency  
   19.     Duration of assessment notice  
   19A.    Further applications  
   19B.    Further application by holder of current volunteer assessment notice  
   20.     Holder of assessment notice to notify of relevant change in circumstances  
   20A.    Notification of change of employer etc.  
   21.     Re-assessment  
   21AA.   Consideration of re-assessment  
   21AB.   Determination of re-assessment—category A  
   21AC.   Determination of re-assessment—category B  
   21AD.   Determination of re-assessment—category C  
   21AE.   Submission sought from holder before determining to revoke assessment notice  
   21AF.   Copy of notice to be given to employer or agency  
   21A.    Revocation powers on failure to provide information  
   21B.    Suspension powers on re-assessment  
   21C.    Revocation of assessment notice and surrender of document  
   22.     Notification requirements of holder of assessment notice  
   24.     Surrender of assessment notice  
   25.     Restriction on right to re-apply for working with children check  
   26.     Jurisdiction of VCAT—general  
   26A.    Jurisdiction of VCAT—category A  
   26B.    Jurisdiction of VCAT—category B  
   26C.    Jurisdiction of VCAT—category C  

   PART 3--EXEMPTIONS FROM WORKING WITH CHILDREN CHECK

   27.     Volunteer whose child is participating or ordinarily participates in the relevant activity  
   28.     Person working with closely related child  
   29.     Children  
   30.     Teachers  
   31.     Police officers  
   31A.    Federal police officers  
   32.     Visiting workers  
   32A.    Exemptions subject to negative notice  

   PART 4--OFFENCES CONNECTED WITH CHILD‑RELATED WORK

   33.     Engaging in child-related work without an assessment notice  
   34.     Offence for holder of negative notice to apply for child-related work  
   35.     Offence to engage in child-related work a person who does not have an assessment notice  
   36.     Offence for agency to offer the services of a person who does not have an assessment notice  
   37.     Using volunteer assessment notice for paid work  
   38.     Offence to use false or other person's assessment notice  
   39.     False or misleading information  
   39A.    Sex offenders not to apply for assessment notice  
   40.     Confidentiality of information  
   41.     Duty on police to notify Secretary of certain matters  
   41A.    Secretary may require production of information  
   42.     Secretary may notify police of certain matters  
   42A.    Secretary may request information during review  
   42B.    Secretary may notify Department of Health and Human Services of certain matters  
   42C.    Disclosure of information by the Department of Health and Human Services to the Secretary  
   43.     Delegation  
   44.     Offences by bodies corporate  
   45.     Offences by unincorporated bodies, partnerships etc.  
   46.     Giving of notices  
   47.     Evidentiary provisions  
   48.     Immunity  
   49.     Regulations  

   PART 6--TRANSITIONAL PROVISIONS

   50.     Transitional provision—Justice Legislation (Further Amendment) Act 2006  
   51.     Transitional provision—Working with Children Amendment Act 2007  
   52.     Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009  
   53.     Transitional provision—Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014  
   54.     Transitional provision—Working with Children Amendment Act 2016  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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