notice and that first application is to be treated as being withdrawn on the date of receipt of the further application. S. 11(5) inserted by No. 51/2010 s. 7. (5) If a person who holds a current assessment notice applies for another assessment notice, the Secretary may refuse to consider the application for the further assessment notice until the holder surrenders to the Secretary the current assessment notice document that was given to him or her in respect of the first assessment notice. S. 11(6) inserted by No. 51/2010 s. 7. (6) If a person who has been given a negative notice applies for an assessment notice, the Secretary must not consider the application further unless the Secretary has been notified in writing that there has been a change of circumstances within the meaning of section 25 relating to the issue of the negative notice. S. 11(7) inserted by No. 51/2010 s. 7. (7) The Secretary may consider an application for a working with children check even though the applicant is exempt under this or any other Act from a working with children check. S. 11(8) inserted by No. 51/2010 s. 7. (8) Nothing in subsection (7) requires the Secretary to consider an application for a working with children check from an applicant who is exempt under this or any other Act from a working with children check. S. 11(9) inserted by No. 51/2010 s. 7. (9) If the Secretary refuses to consider an application on the basis that the person applying is exempt from the requirement to have a working with children check under this or any other Act, the application is to be treated as being withdrawn. S. 12 (Heading) substituted by No. 66/2014 s. 11(1). 12 Category A application
(g) the applicant's behaviour since he or she committed, or allegedly committed, the offence; and (h) the likelihood of future threat to a child caused by the applicant; and (i) any information given by the applicant in, or in relation to, the application; and (j) any other matter that the Secretary considers relevant to the application. S. 13(3) inserted by No. 61/2012 s. 4(3). (3) In satisfying himself or herself that giving an assessment notice would not pose an unjustifiable risk to the safety of children, the Secretary must be satisfied that— (a) a reasonable person would allow his or her child to have direct contact with the applicant that was not directly supervised by another person while the applicant was engaged in any type of child-related work; and (b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children. S. 14 (Heading) substituted by No. 66/2014 s. 13(1). 14 Category C application S. 14(1) amended by No. 66/2014 s. 13(2). (1) An application is a category C application for the purposes of this Act if it is in respect of a person— S. 14(1)(a) substituted by No. 51/2010 s. 8. (a) who has at any time (whether before, on or after 3 April 2006) been subject to— (i) a finding of a prescribed kind made by, or on behalf of, a prescribed body; or
the Secretary that he or she does not want to make a submission. S. 16(3) amended by No. 51/2010 s. 10(3). (3) The Secretary must give a negative notice to the applicant if he or she does not make a submission in response to a notice under subsection (1)(a) within the period required under subsection (1A) unless the applicant notifies the Secretary that he or she does not want to make a submission. S. 16(4) amended by No. 66/2014 s. 14(2). (4) Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in— (a) a criminal proceeding; or (b) a proceeding for the imposition of a penalty— other than— (c) proceedings in respect of an offence against this Act; or (d) a proceeding in respect of the falsity or misleading nature of the information. Pt 2 Div. 3 (Heading) inserted by No. 66/2014 s. 15. Division 3—Outcome of application for working with children check 17 Outcome of application S. 17(1) amended by Nos 56/2007 s. 10(1), 66/2014 s. 16(1). (1) Subject to sections 12(2) and (3), 13(2) and 14(2), the Secretary must give an assessment notice on an application. Note to s. 17(1) repealed by No. 56/2007 s. 10(2). * * * * *
19 Duration of assessment notice S. 19(1) amended by No. 66/2014 s. 17(1). (1) An assessment notice remains in force for 5 years beginning on the date of the notice unless sooner revoked under section 21C or surrendered under section 24. (2) A person who has a current assessment notice may apply for the carrying out of a working with children check and a new assessment notice at any time within the period beginning 6 months before, and ending 3 months after, the expiry of the notice. S. 19(3) amended by No. 51/2010 s. 12, repealed by No. 66/2014 s. 17(2). * * * * * Pt 2 Div. 4 (Heading) inserted by No. 66/2014 s. 18. Division 4—Further applications for working with children check S. 19A inserted by No. 51/2010 s. 13. 19A Further applications If— (a) a person who has a current assessment notice applies for the carrying out of a working with children check in accordance with section 19(2); and (b) the Secretary has not been notified of any relevant change in circumstances under section 20(2)— the Secretary may consider the application without having regard to any offence or conduct that was considered by the Secretary in relation to the giving of the current assessment notice.
S. 21AF inserted by No. 66/2014 s. 23. 21AF Copy of notice to be given to employer or agency If the Secretary— (a) gives the holder of an assessment notice a negative notice under section 21C or an interim negative notice under section 21AE; and (b) is aware that the holder of the notice is a person who— (i) is, or is proposed to be, engaged in child-related work by another person; or (ii) is listed with an agency— the Secretary, if he or she is aware of the identity of that other person or that agency, must also give a copy of that notice to that other person or that agency. Note Listed with an agency is defined in section 3(2). Pt 2 Div. 6 (Heading) inserted by No. 66/2014 s. 24. Division 6—Revocation and suspension of assessment notices S. 21A (Heading) substituted by No. 61/2012 s. 9(1), amended by No. 66/2014 s. 25(1). S. 21A inserted by No. 51/2010 s. 17. 21A Revocation powers on failure to provide information S. 21A(1) amended by Nos 66/2014 s. 25(2), 20/2015 s. 28. (1) Despite section 21(6), if a person being reassessed under section 21 fails to provide information to the Secretary in accordance with section 21AA(1)(c), the Secretary may revoke the
(a) the person engages, or continues to engage, another person (the worker) in child-related work, knowing that it is child-related work; and (b) the person knows that the worker has a current assessment notice that was given to him or her on an application that did not specify an intention to engage in childrelated work for profit or gain; and (c) the person engaging, or continuing to engage, the worker knows that, or is reckless as to whether or not, the child-related work in which the worker is engaging is being engaged in for profit or gain. (3) A person who is guilty of an offence against subsection (1) or (2) is liable to a level 11 fine (5 penalty units maximum). Note A person who has been given an assessment notice on an application that did not specify an intention to engage in child-related work for profit or gain may apply under section 10 for an assessment notice that may be used in respect of child-related work engaged in for profit or gain. 38 Offence to use false or other person's assessment notice A person must not use in connection with his or her work, or an application for work— (a) a document purporting to be an assessment notice knowing that the document is false within the meaning of section 83A(6) of the Crimes Act 1958; or