WORKER SCREENING ACT 2020 (NO. 34 OF 2020)

Victorian Numbered Acts

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WORKER SCREENING ACT 2020 (NO. 34 OF 2020)

TABLE OF PROVISIONS

PART 1.1--INTRODUCTION

1. Purposes
2. Commencement
3. Definitions
4. Meaning of finding of guilt
5. Meaning of charged with an offence
6. Pending charges
7. Child-related work
8. Act to bind the Crown
9. References to Parts

PART 1.2--PARAMOUNT CONSIDERATIONS

10. Paramount consideration—NDIS clearances and checks
11. Paramount consideration—WWC clearances and checks

PART 1.3--GENERAL PROVISIONS RELATING TO APPLICATIONS FOR SCREENING CHECKS

12. Secretary must approve identifying information to accompany application for screening check
13. Secretary must approve application form for screening check

PART 2.1--APPLICATIONS FOR NDIS CHECKS

Division 1--Making an application for an NDIS check

14. Who may apply for an NDIS check
15. How to apply for an NDIS check
16. Secretary may refuse to consider application for NDIS check
17. Application for NDIS check by applicant who has previously been given an NDIS exclusion

Division 2--Consideration of applications for NDIS checks

18. Consideration of application for NDIS check
19. Secretary must make enquiries of Secretary to the Department of Health and Human Services
20. Applicant for NDIS check must be verified by NDIS Commission
21. Applicant may withdraw application for NDIS check with permission
22. Secretary must treat application for NDIS check as withdrawn if applicant fails to provide information

Division 3--Determination of applications for NDIS checks

23. NDIS category A applications
24. Determination of NDIS category A application
25. NDIS category B applications
26. Determination of NDIS category B application
27. NDIS category C applications
28. Determination of NDIS category C application

Division 4--Intention to give NDIS exclusion on application for NDIS check

29. Secretary to notify applicant for NDIS check of intention to exclude
30. Secretary must give NDIS exclusion to applicant who fails to make submission within timeframe

Division 5--Outcome of application for NDIS check

31. Outcome of application for NDIS check
32. Notice to applicant for NDIS check of outcome of application

Division 6--Duration of NDIS clearances

33. Duration of NDIS clearance

PART 2.2--CHANGE IN CIRCUMSTANCES OF HOLDER OR APPLICANT

34. Holder of NDIS clearance or applicant for NDIS check must notify Secretary of relevant change in circumstances

PART 2.3--FURTHER APPLICATIONS FOR NDIS CHECKS

35. Time for application by holder of NDIS clearance or interstate NDIS clearance
36. Consideration of application for NDIS check made by holder of NDIS clearance
37. Restriction on right to make further application for an NDIS check—person given an NDIS exclusion

PART 2.4--RE-ASSESSMENT OF ELIGIBILITY TO HOLD NDIS CLEARANCE

Division 1--Re-assessment of eligibility to hold NDIS clearance

38. Re-assessment of eligibility to hold NDIS clearance
39. Suspension powers on re-assessment of NDIS clearance

Division 2--Consideration of re-assessment

40. Consideration of re-assessment—NDIS clearance

Division 3--Determination of re-assessments

41. NDIS category A re-assessments
42. Determination of NDIS category A re-assessment
43. NDIS category B re-assessments
44. Determination of NDIS category B re-assessment
45. NDIS category C re-assessments
46. Determination of NDIS category C re-assessment

Division 4--Intention to revoke NDIS clearance

47. Submission sought from holder before determining to revoke NDIS clearance
48. Person given interim NDIS exclusion on re-assessment taken not to hold an NDIS clearance

Division 5--Revocation of NDIS clearance

49. Revocation of NDIS clearance on failure to provide information during re-assessment
50. Revocation of NDIS clearance on failure to respond to notice
51. Revocation of NDIS clearance after completing re-assessment

PART 2.5--SURRENDER OF NDIS CLEARANCE

52. Holder of NDIS clearance may surrender clearance with approval of Secretary

PART 3.1--APPLICATIONS FOR WWC CHECKS

Division 1--Making an application for a WWC check

53. Who may apply for a WWC check
54. How to apply for a WWC check
55. Secretary may refuse to consider application for WWC check
56. Application for WWC check by applicant who has previously been given a WWC exclusion
57. Application for WWC check by exempt applicant

Division 2--Consideration of applications for WWC checks

58. Consideration of application for WWC check
59. Withdrawal of application for WWC check

Division 3--Determination of applications for WWC checks

60. WWC category A applications
61. Determination of WWC category A application
62. WWC category B applications
63. Determination of WWC category B application
64. WWC category C applications
65. Determination of WWC category C application

Division 4--Intention to give WWC exclusion on application for WWC check

66. Secretary to notify applicant for WWC check of intention to exclude
67. Secretary must give WWC exclusion to applicant who fails to make submission within timeframe

Division 5--Outcome of application for WWC check

68. Outcome of application for WWC check
69. Notice to applicant for WWC check of outcome of application
70. Copy of WWC clearance or WWC exclusion to be given to employer or agency

Division 6--Duration of a WWC clearance

71. Duration of a WWC clearance

PART 3.2--CHANGE TO EMPLOYER OR CIRCUMSTANCES OF HOLDER OR APPLICANT

72. Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances
73. Notification of change in employer of holder of WWC clearance or applicant for WWC check

PART 3.3--FURTHER APPLICATIONS FOR WWC CHECKS

74. Time for application for WWC check by holder of WWC clearance
75. Consideration of application for WWC check made by holder of WWC clearance
76. Further application for WWC check by holder of current WWC volunteer clearance
77. Restriction on right to make further application for WWC check—person given a WWC exclusion

PART 3.4--RE-ASSESSMENT OF ELIGIBILITY TO HOLD A WWC CLEARANCE

Division 1--Re-assessment of eligibility to hold WWC clearance

78. Re-assessment of eligibility to hold WWC clearance
79. Suspension powers on re-assessment of WWC clearance
80. Secretary must notify WWC clearance holder, employer and agency of suspension

Division 2--Consideration of re-assessment

81. Consideration of re-assessment—WWC clearance

Division 3--Determination of re-assessments

82. WWC category A re-assessments
83. Determination of WWC category A re-assessment
84. WWC category B re-assessments
85. Determination of WWC category B re-assessment
86. WWC category C re-assessments
87. Determination of WWC category C re-assessment

Division 4--Intention to revoke WWC clearance

88. Submission sought from holder before determining to revoke WWC clearance

Division 5--Revocation of WWC clearance

89. Revocation of WWC clearance on failure to provide information during re-assessment
90. Revocation of WWC clearance on failure to respond to notice
91. Revocation of WWC clearance after completing re-assessment and surrender of document
92. Secretary to give copy of WWC exclusion to employer or agency

PART 3.5--SURRENDER OF WWC CLEARANCE

93. Holder of WWC clearance may surrender clearance

PART 4.1--INTERNAL REVIEW OF DECISIONS RELATING TO NDIS CLEARANCES

94. Decisions for which internal review may be sought
95. Application for internal review
96. NDIS exclusion continues to apply until internal review decided
97. Applicant may provide further information
98. Time for conducting internal review
99. Outcome of internal review

PART 4.2--VCAT REVIEW OF DECISIONS RELATING TO NDIS CLEARANCES

100. Definitions
101. Jurisdiction of VCAT—NDIS
102. VCAT review of NDIS category B decisions
103. VCAT review of NDIS category C decisions
104. Secretary may request information for purposes of VCAT proceeding

PART 4.3--VCAT REVIEW OF DECISIONS RELATING TO WWC CLEARANCES

105. Jurisdiction of VCAT—working with children
106. Jurisdiction of VCAT—WWC category A
107. Jurisdiction of VCAT—WWC category B
108. Jurisdiction of VCAT—WWC category C
109. Secretary may request information for purposes of VCAT proceeding

PART 5.1--EXEMPTIONS FROM A WWC CHECK

110. Volunteer whose child is participating or ordinarily participates in the relevant activity
111. Person working with closely related child
112. Children
113. Teachers
114. Police officers and protective services officers
115. Federal police officers
116. Visiting workers
117. Exemptions subject to exclusion

PART 6.1--OFFENCES RELATING TO NDIS CLEARANCES

118. Engaging in risk assessed role without NDIS clearance or interstate NDIS clearance
119. Exception—engaging in risk assessed role on application or re-application
120. Exception—engaging in risk assessed role on work experience

PART 6.2--OFFENCES RELATED TO CHILD-RELATED WORK

121. Engaging in child-related work without a WWC clearance
122. Offence for person given WWC exclusion to apply for child-related work
123. Offence to engage a person who does not have a WWC clearance in child-related work
124. Offence for agency to offer the services of a person who does not have a WWC clearance
125. Using volunteer clearance for paid work
126. Offence to use false or other person's WWC clearance
127. Notification requirements of holder of WWC exclusion or interim WWC exclusion

PART 6.3--GENERAL

128. False or misleading information
129. Sex offenders and serious offenders must not apply for clearance
130. Confidentiality of information
131. Chief Commissioner of Police to notify Secretary of certain matters relating to current applicant or clearance holder
132. Chief Commissioner of Police to notify interstate screening units of how charges dealt with
133. Secretary may notify police of certain matters
134. Secretary may disclose information to NDIS worker screening units
135. Secretary may disclose information to working with children screening units
136. Notifications to the NDIS Commission
137. Disclosure of information about WWC exclusions by Secretary to ACC
138. Secretary may notify Department of Health and Human Services of certain matters relating to out of home carers
139. Secretary to Department of Health and Human Services may disclose information about out of home carers
140. Secretary may notify Department of Health and Human Services of certain matters relating to disability-related work
141. Secretary may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances
142. Secretary may require production of information
143. Person responding to enquiry or request from Secretary does not contravene duty of confidentiality

PART 8.1--OFFENCES COMMITTED BY BODIES CORPORATE OR UNINCORPORATED BODIES, ASSOCIATIONS AND PARTNERSHIPS

144. Offences by bodies corporate
145. Offences by unincorporated bodies, partnerships etc.

PART 8.2--MISCELLANEOUS

146. Delegation
147. Giving of notices
148. Evidentiary provisions
149. Immunity

PART 8.3--REGULATIONS

150. Regulations

PART 9.1--REPEAL OF WORKING WITH CHILDREN ACT 2005

151. Working with Children Act 2005 repealed

PART 9.2--TRANSITIONAL PROVISIONS

152. Definitions
153. Assessment notices taken to be WWC clearances
154. Negative notices taken to be WWC exclusions
155. Interim negative notices taken to be interim WWC exclusions
156. Pending applications—working with children checks
157. Pending re-assessments—working with children checks
158. Transitional provisions—VCAT
159. Transitional provisions—NDIS worker screening

PART 9.3--CONSEQUENTIAL AND OTHER AMENDMENTS

Division 1--Bus Safety Act 2009

160. Definitions
161. Accreditation application to be refused in certain circumstances
162. Mandatory cancellation

Division 2--Child Employment Act 2003

163. Purposes
164. Definitions
165. Supervision of children in employment
166. Heading to Division 2A of Part 2 substituted
167. Section 19A substituted
168. Exemptions from working with children check

Division 3--Child Wellbeing and Safety Act 2005

169. Definitions
170. Constitution of Board
171. Principles
172. Objectives of Commission under this Part
173. Functions of Commission under this Part
174. Disclosure of information to the Commission, the head of an entity, a regulator, Victoria Police and others
175. Commission to notify Secretary after finding of reportable conduct
176. Secretary may remove Child Link user access to the Register

Division 4--Children's Services Act 1996

177. Definitions
178. Offence relating to unauthorised persons on children's service premises
179. Offence to fail to notify certain circumstances to Regulatory Authority

Division 5--Children, Youth and Families Act 2005

180. Notice of Panel's findings and determinations
181. Notice of Panel's determination on application

Division 6--Commercial Passenger Vehicle Industry Act 2017

182. Matters to which regulator may have regard in considering application
183. Schedule 1—Categorised offences

Division 7--Commission for Children and Young People Act 2012

184. Definitions
185. Functions in relation to working with children
186. Review of administration of Working with Children Act 2005
187. Assistance to be provided
188. Access to records
189. Access to information
190. Disclosure of Working with Children information

Division 8--Corrections Act 1986

191. Definitions
192. Authorisation to use or disclose information

Division 9--Disability Act 2006

193. Definitions
194. Role and functions of the Secretary
195. Section 39A substituted
196. New Division 5 of Part 10 inserted

Division 10--Disability Service Safeguards Act 2018

197. Definitions
198. Investigation of complaints by Commission
199. Power of Commission to conduct a Commission initiated investigation
200. Grounds on which interim prohibition order may be made
201. Grounds on which prohibition order may be made
202. Registered disability worker or disability student to give Board notice of certain events
203. Board may ask registered disability worker for information
204. Disclosure of information to other relevant entities
205. Power to obtain criminal history report

Division 11--Education and Care Services National Law Act 2010

206. Working with children law

Division 12--Education and Training Reform Act 2006

207. Definitions
208. Meaning of category A offence
209. Meaning of category B offence
210. Meaning of category C conduct
211. Eligibility of person to be employed as a teacher or an early childhood teacher
212. Dismissal, suspension and termination of employment
213. Employment, dismissal and termination of holders of temporary approvals
214. Eligibility for employment
215. Saving of rights of persons holding Government office
216. Dismissal of disqualified and unregistered teachers
217. Application for registration
218. Registration as a teacher
219. Application for registration
220. Registration as an early childhood teacher
221. Application for permission to teach
222. Institute may disclose information about child-related work to Secretary
223. Institute may suspend registration under this Part
224. Submissions or information lodged with Institute
225. Notice of suspension of registration
226. Suspension remains in force
227. Institute must notify persons of interim suspension
228. Notice of revocation of interim suspension
229. Cancellation of registration held under this Part without inquiry
230. Notifications to Secretary
231. Notifications to Institute concerning conduct of, and actions against, registered teacher
232. Notifications
233. What the Register must contain
234. Review by VCAT
235. Application for a temporary approval to be employed or engaged as an early childhood teacher
236. Grant of temporary approval
237. Revocation of exemptions and temporary approvals

Division 13--Sentencing Act 1991

238. Sentencing guidelines

Division 14--Serious Offenders Act 2018

239. Sharing of information

Division 15--Service Victoria Act 2018

240. Definitions

Division 16--Sex Offenders Registration Act 2004

241. Access to the Register to be restricted

Division 17--Transport (Compliance and Miscellaneous) Act 1983

242. Definitions
243. Matters to be considered by the licensing authority when issuing or renewing an accreditation

Division 18--Victorian Civil and Administrative Tribunal Act 1998

244. Part 23 of Schedule 1 substituted

Division 19--Amendment of this Act

245. Definition of community or treatment order

Division 20--Repeal of this Part

246. Repeal of this Part
ENDNOTES

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