(ii) an equivalent provision of the laws of a jurisdiction other than Victoria— before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation. (2) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court. 5 Meaning of charged with an offence For the purposes of this Act, a person is deemed to have been charged with an offence if— S. 5(a) amended by No. 68/2009 s. 97(Sch. item 136.1). (a) an indictment has been filed for the offence; or S. 5(b) amended by No. 68/2009 s. 97(Sch. item 136.2). (b) a charge-sheet charging the offence has been filed against the person, whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served. 6 When is a charge pending? S. 6(1) amended by No. 72/2016 s. 5. (1) Subject to any regulations made under subsection (2), for the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with, including in any of the following ways— (a) the charge is withdrawn or the person dies without the charge having been determined; (b) the charge is dismissed by a court; (c) the person is discharged by a court following a committal hearing;
S. 6(1)(d) amended by No. 51/2010 s. 3(1). (d) the person is acquitted or found guilty of the offence by a court; S. 6(1)(e) inserted by No. 51/2010 s. 3(2). (e) the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the Criminal Procedure Act 2009. (2) The regulations may prescribe circumstances in which a charge against a person for an offence is not to be taken to be pending for the purposes of this Act. S. 6(3) amended by No. 68/2009 s. 97(Sch. item 136.3). (3) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution. 7 Act to bind the Crown (1) This Act binds the Crown, not only in right of the State of , but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations. Pt 2 Div. 1 (Heading) inserted by No. 66/2014 s. 7. Division 1—Preliminary 8 Purpose of Part
S. 8(1) amended by No. 66/2014 s. 8(1). (1) The purpose of this Part is to establish a process to screen persons engaging or intending to engage in child-related work. (2) Nothing in this Act takes away from, or removes the need to comply with, any requirement imposed by or under any other Act with respect to child-related work. Note to s. 8 amended by No. 66/2014 s. 8(2). Note Child-related work includes voluntary work and practical training as well as paid employment (see the definition of work in section 3(1)). 9 What is child-related work? S. 9(1) amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 48.2), 79/2006 s. 62(1), 56/2007 s. 4(2), 65/2011 s. 107(Sch. item 16), substituted by No. 66/2014 s. 9(1) (as amended by No. 20/2015 s. 40). (1) For the purposes of this Act, child-related work is work— (a) at or for a service, body or place, or that involves an activity, specified in subsection (3); and S. 9(1)(b) amended by No. 72/2016 s. 6(1). (b) that usually involves direct contact with a child. Example to s. 9(1) substituted by No. 56/2007 s. 4(1), amended by No. 66/2014 s. 9(2). Example A is employed as a nurse in the Geriatric ward of a public hospital. One day, a nurse who usually works in the Paediatric ward is unwell and A works in that nurse's place for that day. A is not engaged in child-related work as A's work does not usually involve direct contact with children.
S. 13(1) amended by Nos 56/2007 s. 8, 68/2009 s. 97(Sch item 136.4), 91/2009 s. 219(Sch. 3 item 7.3), 61/2012 s. 4(1)(2), substituted by No. 66/2014 s. 12(2). (1) An application is a category B application for the purposes of this Act if it is in respect of a person— S. 13(1)(a) amended by Nos 74/2014 s. 36(1), 47/2016 s. 49(2), substituted by No. 72/2016 s. 8(1). (a) who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category B offence specified in clause 2, 8, 9 or 14A of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or S. 13(1)(b) amended by Nos 20/2015 s. 25, 47/2016 s. 49(2). (b) who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category B offence other than an offence specified in clause 2, 8, 9, 14A or 17 of Schedule 2; or S. 13(1)(c) substituted by No. 72/2016 s. 8(2). (c) who is charged with or has at any time (whether before, on or after the commencement of this section) been convicted or found guilty of a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was a child. S. 13(2) amended by No. 66/2014 s. 12(3). (2) The Secretary must refuse to give an assessment notice on a category B application unless satisfied that doing so would not pose an unjustifiable risk to the safety of children, having regard to—
S. 15(2) amended by No. 51/2010 s. 9(1). (2) The Secretary must treat an application as having been withdrawn if the applicant does not provide any information required under section 10 or further information required under section 11(1)(d) within the period required under that section. S. 15(2A) inserted by No. 51/2010 s. 9(2). (2A) Despite an application being withdrawn or treated as being withdrawn under this section, the Secretary may, if satisfied that the applicant wants to proceed with the application and has provided any information required under section 10 or any further information required under section 11(1)(d), reinstate the application as if it were an application under section 10. S. 15(3) amended by No. 51/2010 s. 9(3)(b). (3) If— (a) the Secretary is aware that the applicant 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; and S. 15(3)(b) amended by No. 51/2010 s. 9(3)(a). (b) the application is withdrawn or treated as withdrawn or reinstated under this section— the Secretary, if he or she is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the withdrawal or reinstatement. Note Listed with an agency is defined in section 3(2). 16 Submission sought from applicant before giving negative notice (1) If the Secretary proposes, or is required under section 17(3), to give a negative notice on an
(2) For the purposes of subsection (1) a relevant change in circumstances is— S. 20(2)(a) amended by No. 66/2014 s. 19(1). (a) the person being charged with a category A offence or a category B offence; or S. 20(2)(b) amended by No. 66/2014 s. 19(1). (b) the person being convicted or found guilty of a category A offence or a category B offence or the charge being otherwise finally dealt with; or (c) the person becoming subject to reporting obligations imposed on him or her by Part 3 of the Sex Offenders Registration Act 2004; or S. 20(2)(d) amended by No. 21/2008 s. 25(2)(a). (d) the person becoming subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005; or S. 20(2)(da) inserted by No. 91/2009 s. 219(Sch. 3 item 7.4). (da) the person becoming subject to a supervision order or a detention order; or (e) a relevant finding being made against the person. S. 20(3) amended by No. 68/2009 s. 97(Sch. item 136.6). (3) In a proceeding for an offence against subsection (1) constituted by not notifying the Secretary of how a charge for an offence was finally dealt with, it is a defence to the charge for the accused to prove that— S. 20(3)(a) amended by No. 68/2009 s. 97(Sch. item 136.7). (a) he or she notified the Secretary of the filing of the charge-sheet containing the charge in accordance with subsection (1); and
section 42(3)) or against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182 or 186). 7 An offence against section 271.4 (trafficking in children) or 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section. 8 An offence against section 21A of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 21A of that Act, in circumstances where the person against whom the offence is committed is a child. Sch. 2 cl. 9 amended by No. 47/2016 s. 49(6). 9 An offence against section 49N(1) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49N(1) of that Act. Sch. 2 cl. 9A inserted by No. 20/2015 s. 29, amended by No. 47/2016 s. 49(7). 9A An offence against section 49O(1) or 327 of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49O(1) or 327 of that Act. 10 An offence against Part 4 of this Act (other than section 37 or 40). 11 An offence— (a) against section 18 of the Crimes Act 1958; or (b) against section 19 or 37 of the Crimes Act 1958 if the offence was committed before the commencement of the Crimes (Amendment) Act 1985; or
section 19 of the Summary Offences Act 1966; or (e) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005, would have constituted an offence against section 17(1) of the Summary Offences Act 1966 constituted by indecent behaviour; or (f) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005, would have constituted an offence against section 7(1)(c) of the Vagrancy Act 1966. 13 An offence— (a) against any of the following sections of the Crimes Act 1958— (i) section 63 (child stealing); (ii) section 75A (armed robbery); or (b) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Crimes Act 1958 specified in paragraph (a). 14 An offence against Division 4A of Part I of the Summary Offences Act 1966 (upskirting offences) or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that Division.
Assent Date: 6.9.16 Commencement Date: S. 49 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Working with Children Act 2005 Working with Children Amendment Act 2016, No. 72/2016 Assent Date: 29.11.16 Commencement Date: Ss 22–27 on 1.5.17: Special Gazette (No. 111) 4.4.17 p. 2; ss 4–21, 28, 29 on 1.8.17: s. 2(2) Current State: This information relates only to the provision/s amending the Working with Children Act 2005 Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017 Assent Date: 28.2.17 Commencement Date: S. 11 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 Current State: This information relates only to the provision/s amending the Working with Children Act 2005 Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017 Assent Date: 20.6.17 Commencement Date: S. 58 on 1.3.18: s. 2(4) Current : This information relates only to the provision/s amending the Working with Children Act 2005 Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017 Assent Date: 29.8.17 Commencement Date: S. 97 on 30.8.17: s. 2(1) Current : This information relates only to the provision/s amending the Working with Children Act 2005 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details