Victorian Numbered Acts

WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 78

    (1)     The Secretary must re-assess a person's eligibility to hold a WWC clearance if—

        (a)     notified by the person of a relevant change in circumstances under section 72; or

        (b)     notified of a relevant disciplinary or regulatory finding being made against the person; or

        (c)     notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or

        (d)     notified by a law enforcement agency of a charge or of how a charge has been finally dealt with; or

        (e)     notified by the ACC that the person has been excluded from child-related work under a corresponding working with children law; or

        (f)     the Secretary becomes aware that the person has been given an NDIS exclusion on an NDIS category C application or an NDIS category C re-assessment.

    (2)     The Secretary is not required to re-assess a person's eligibility to hold a WWC clearance on being notified of a charge for an offence being finally dealt with if—

        (a)     a re-assessment was carried out on the Secretary being notified of the filing of the charge-sheet containing the charge; and

        (b)     the clearance was not revoked following that re-assessment.

    (3)     For the purposes of Part 6.2 or 6.3, a person must be regarded as still holding a current WWC clearance if—

        (a)     an interim WWC exclusion has been given under section 88(1)(b); and

        (b)     the person's WWC clearance—

              (i)     has not been revoked under section 91 following the re-assessment; or

              (ii)     has not been surrendered under section 93; or

              (iii)     has not expired.