Victorian Numbered Acts Victorian Numbered Acts(1) For the heading to section 14 of the Principal Act substitute —
(2) In section 14(1) of the Principal Act, for "category 3" substitute "category C".
(3) For section 14(1)(b) of the Principal Act substitute —
"(b) who, as a child, 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 or 9 of Schedule 2; or".
(4) Section 14(1)(ba) and (bb) of the Principal Act are repealed .
(5) For section 14(1)(c) of the Principal Act substitute —
"(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 an offence other than a category A offence or category B offence.".
(6) For section 14(2) of the Principal Act substitute —
"(2) The Secretary must give an assessment notice on a category C application unless—
(a) the Secretary is satisfied that giving the notice would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (3); or
(b) the Secretary is satisfied that—
(i) a reasonable person would not 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; or
(ii) the
applicant's engagement in any type of child-related work would pose an
unjustifiable risk to the safety of children.".
s. 13
(7) Section 14(2A) of the Principal Act is repealed .
(8) For section 14(3) of the Principal Act substitute —
"(3) For the purposes of subsection (2)(a), the Secretary must have regard to—
(a) the nature and gravity of the conduct and its relevance to child-related work; and
(b) the period of time since the applicant engaged, or allegedly engaged, in the conduct; and
(c) in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and
(d) in the case of an offence, the sentence imposed for it; and
(e) the ages of the applicant and of any victim at the time the applicant engaged, or allegedly engaged, in the conduct; and
(f) whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the applicant engaged, or allegedly engaged, in it; and
(g) the applicant's behaviour since he or she engaged, or allegedly engaged, in the conduct; 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.".