Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"ACC" means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;
"agency "means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring child-related work for persons seeking such work, whether or not the business includes procuring any other kind of work for those persons or other persons;
"approved application form" means an application form for a screening check approved by the Secretary under section 13;
"approved identifying information" means identifying information of a kind approved by the Secretary under section 12;
"authorised entity", in relation to NDIS worker screening, means—
(a) ACC; or
(b) Victoria Police; or
(c) a law enforcement agency; or
(d) the NDIS Commission; or
(e) the NDIS Commissioner; or
(f) an NDIS worker screening unit;
"banning order" means an order made under section 73ZN of the NDIS Act;
"carnal knowledge offence "means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991 ;
"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013 ;
"child "means a person under 18 years of age;
"child abuse material offence" means—
(a) an offence against any of the following provisions of the Crimes Act 1958 —
(i) section 51B(1) (involving a child in the production of child abuse material);
(ii) section 51C(1) (producing child abuse material);
(iii) section 51D(1) (distributing child abuse material);
(iv) section 51E(1) (administering a website used to deal with child abuse material);
(v) section 51F(1) (encouraging use of a website to deal with child abuse material);
(vi) section 51G(1) (possession of child abuse material);
(vii) section 51H(1) (accessing child abuse material);
(viii) section 51I(1) (assisting a person to avoid apprehension); or
(b) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; or
(c) an offence referred to in paragraph (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(iv), (v), (vi) or (vii) of clause 1 of Schedule 1 to the Sentencing Act 1991 ; or
(d) an offence against any of the following sections of the Criminal Code of the Commonwealth, repealed by clause 33 of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 of the Commonwealth—
(i) section 474.19 (using a carriage service for child pornography material);
(ii) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);
child-related work has the meaning given by section 7;
"clearance" means—
(a) an NDIS clearance; or
(b) a WWC clearance;
"community or treatment order" means—
(a) an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(b) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(c) a drug treatment order within the meaning of the Sentencing Act 1991 ; or
(d) a community correction order within the meaning of the Sentencing Act 1991 ; or
(e) a fine conversion order within the meaning of the Sentencing Act 1991 ; or
(f) a fine default unpaid community work order within the meaning of the Sentencing Act 1991 ;
"corresponding NDIS worker screening law" means a prescribed law of another State or a Territory that provides for screening of persons who are to be employed or engaged in risk assessed roles;
"corresponding working with children law" means a law of another State or a Territory that provides for screening of persons engaging in child-related work and that substantially corresponds with the relevant provisions of this Act;
"detention order "means a detention order within the meaning of the Serious Offenders Act 2018 or an interim detention order under that Act;
"direct contact", in relation to child-related work, means any contact between a person and a child that involves—
(a) physical contact; or
(b) face to face contact; or
(c) contact by post or other written communication; or
(d) contact by telephone or other oral communication; or
(e) contact by email or other electronic communication;
"Disability Worker Registration Board" means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018; " "
"disciplinary or regulatory entity" means a person or body that is prescribed to be a disciplinary or regulatory entity;
"educational institution" means—
(a) any Government school or non-Government school within the meaning of the Education and Training Reform Act 2006 ; or
(b) any of the following—
(i) a TAFE institute within the meaning of the Education and Training Reform Act 2006 ;
(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006 ;
(iii) a provider of adult, community and further education, within the meaning of the Education and Training Reform Act 2006 , that is eligible for funding under that Act;
(iv) an adult education institution within the meaning of the Education and Training Reform Act 2006 ;
(v) an education and training organisation registered on the State Register under the Education and Training Reform Act 2006 —
to the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children and that leads to the award of a senior secondary certificate of education that is recognised by the AQF within the meaning of the Education and Training Reform Act 2006 ; or
(c) any other institution that provides a program of study or training primarily for, or directed at, children—
but does not include—
(d) except to the extent provided by paragraph (b), a university within the meaning of the Education and Training Reform Act 2006 ; or
(e) except to the extent provided by paragraph (b), a TAFE institute or an adult education institution within the meaning of the Education and Training Reform Act 2006 —
even if that university, college or institution has a student under 18 years of age;
"emergency detention order "means an emergency detention order within the meaning of the Serious Offenders Act 2018 ;
excluded from child-related work under a corresponding working with children law , in relation to a person, means—
(a) a person who, under a corresponding working with children law, has been refused a clearance (however described) permitting the person to engage in child-related work; or
(b) a person whose clearance (however described) permitting the person to engage in child-related work has been revoked or cancelled under a corresponding working with children law; or
(c) a person who has been otherwise prohibited from engaging in child-related work under a corresponding working with children law;
"exclusion "means—
(a) an NDIS exclusion; or
(b) a WWC exclusion;
"interim exclusion "means—
(a) an interim NDIS exclusion; or
(b) an interim WWC exclusion;
"interim NDIS exclusion" means an interim exclusion given by the Secretary under section 29 or 47;
"interim WWC exclusion" means an interim exclusion given by the Secretary under section 66 or 88;
"interstate NDIS clearance" means a clearance (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS clearance;
"interstate NDIS exclusion "means an exclusion (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS exclusion;
"law enforcement agency" means—
(a) the Australian Federal Police; or
(b) the police force of another State or a Territory; or
(c) a prescribed person or body established under a law of the Commonwealth or of another State or a Territory;
"minister of religion" means—
(a) a person ordained or appointed as a recognised religious leader in an organised religious institution; or
(b) the appointed leader of a local religious congregation in an organised religious institution who has general authority over the operations of that congregation within the institution;
"NDIS Act "means the National Disability Insurance Scheme Act 2013 of the Commonwealth;
"NDIS category A offence" means an offence specified in Schedule 1;
"NDIS category B offence" means an offence specified in Schedule 3;
"NDIS check "means the process under Chapter 2 for assessing or re-assessing whether a person may be employed or engaged in a risk assessed role;
"NDIS clearance "means an NDIS clearance given to a person under section 31(1), 99(1)(a)(ii) or Part 4.2;
"NDIS Commission" means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;
"NDIS Commissioner" means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;
"NDIS exclusion "means an exclusion given to a person under section 30, 31(2), 49, 50, 51, 99(1)(a)(i) or (b)(i) or Part 4.2;
"NDIS participant "means a person who is a participant in the NDIS;
"NDIS worker screening database" means the NDIS worker screening database established under section 181Y of the NDIS Act;
"NDIS Worker Screening Rules" means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth;
"NDIS worker screening unit" means an entity that has functions or powers under a corresponding NDIS worker screening law that correspond with the functions or powers of the Secretary under this Act in relation to screening of persons who are to be employed or engaged in risk assessed roles;
"officer"—
(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;
"parent", in relation to a child, has the same meaning as in the Children, Youth and Families Act 2005 but does not include a foster carer;
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"protective services officer" has the same meaning as in the Victoria Police Act 2013 ;
"relevant disciplinary or regulatory finding" means—
(a) a determination by VCAT under section 77(4)(g) or (h) or 77(5)(e) or (f) of the Health Professions Registration Act 2005 as in force immediately before its repeal; or
(b) a determination under section 196(2)(d) or (e) or 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or another responsible tribunal within the meaning of that Law; or
(c) a finding of a prescribed kind made by or on behalf of, or referred to the Secretary by, a disciplinary or regulatory entity;
"risk assessed role" has the same meaning as it has in the NDIS Worker Screening Rules;
"screening check" means—
(a) an NDIS check; or
(b) a WWC check;
"Secretary "means Secretary to the Department of Justice and Community Safety;
"supervision order "means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;
"Victorian Disability Worker Commission" means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018 ;
"Victorian Disability Worker Commissioner "means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018 ;
"vulnerable person", in relation to an NDIS check , means an adult, who as a result of age, illness or disability is unable to take care of themselves or protect themselves from harm;
"work", in relation to child-related work, means—
(a) work engaged in—
(i) under a contract of employment or a contract for services (whether written or unwritten); or
(ii) as a minister of religion or as part of the duties of a religious vocation; or
(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or
(b) practical training undertaken as part of an educational or vocational course other than under an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006 ; or
(c) work engaged in as a volunteer, including engaging in unpaid community work under a community or treatment order—
but does not include unpaid work engaged in for a private or domestic purpose;
"working with children screening unit" means an entity that has functions or powers under a corresponding working with children law that correspond with the functions or powers of the Secretary under this Act in relation to screening of persons who are to be employed or engaged in child-related work;
"WWC category A offence" means an offence specified in Schedule 2;
"WWC category B offence" means an offence specified in Schedule 4;
"WWC check "means the process under Chapter 3 for assessing or re-assessing whether a person may engage in child-related work;
"WWC clearance "means a WWC clearance given to a person under section 68(1) or Part 4.3;
"WWC exclusion "means an exclusion given to a person under section 68(2), 89, 90, 91 or Part 4.3.
(2) For the purposes of this Act, a person is listed with an agency if the person has entered into an agreement with the agency for the agency to procure for that person child-related work, whether or not the agreement extends to any other kind of work.
(3) For the purposes of this Act, a person does not cease to be a volunteer merely because the person has all or any of the person's out-of-pocket expenses reimbursed.