Victorian Numbered Acts

WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 66

    (1)     If the Secretary is required to refuse or proposes to refuse to give a WWC clearance under section 61, 63 or 65, the Secretary must before finally deciding the application for a WWC check—

        (a)     give a written notice to the applicant that—

              (i)     informs the applicant of the proposal or requirement; and

              (ii)     states the information about the applicant of which the Secretary is aware; and

              (iii)     invites the applicant to make a submission to the Secretary in writing or in another form approved by the Secretary within the timeframe specified in the notice; and

        (b)     give the applicant an interim WWC exclusion.

    (2)     The period specified in the notice under subsection (1) must not be less than—

        (a)     in the case of a WWC category A application, 14 days; or

        (b)     in the case of a WWC category B application or a WWC category C application, 28 days.

    (3)     The Secretary may extend the period specified in a notice for a WWC category A application if the applicant satisfies the Secretary that it is appropriate to allow the applicant further time to make a submission.

    (4)     Before finally deciding the application the Secretary must consider any submission made by the applicant in response to a notice under subsection (1) within the specified period, unless the applicant notifies the Secretary that the applicant does not want to make a submission.

    (5)         Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—

        (a)     a proceeding in respect of an offence against this Act; or

        (b)     a proceeding in respect of the falsity or misleading nature of the information.