Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 1.1.3C

Meaning of category C conduct

    (1)     "Category C conduct" means any of the following—

        (a)     a conviction or finding of guilt of an indictable offence, whether committed in Victoria or elsewhere (other than a category A offence or a category B offence), the necessary elements of which consist of elements that constitute the indictable offence;

S. 1.1.3C(1)(b) amended by No. 34/2020 s. 210.

        (b)     a conviction or finding of guilt of an offence specified in clause 2, 8, 9 or 15 of Schedule 4 to the Worker Screening Act 2020 if the conduct constituting that offence occurred when the person was a child;

        (c)     a conviction or finding of guilt of an offence against section 23 or 24 of the Summary Offences Act 1966 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 23 or 24 of the Summary Offences Act 1966 ;

        (d)     conduct that forms the basis of a non‑conviction charge;

        (e)     conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer that is notified by the employer to the Institute under section 2.6.31;

        (f)     conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer), of which the Institute becomes aware under the reportable conduct scheme in Part 5A of the Child Wellbeing and Safety Act 2005 ;

        (g)     conduct that forms the basis of a finding by a Suitability Panel under Division 5 of Part 3.4 of the Children, Youth and Families Act 2005 that a person should be disqualified from registration under Part 3.4 of that Act;

        (h)     conduct that forms the basis of a prescribed kind of disciplinary action taken against a person.

    (2)     For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.



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