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WORKING WITH CHILDREN ACT 2005 - NOTES

Version No. 055

No. 57 of 2005

Version incorporating amendments as at
30 August 2017

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Version No. 055

Working with Children Act 2005

No. 57 of 2005

Version incorporating amendments as at
30 August 2017

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 July 2005

Legislative Council: 16 August 2005

The long title for the Bill for this Act was "to assist in protecting children from sexual or physical harm by ensuring that people who work with, or care for, them have their suitability to do so checked by a government body, to amend the Sentencing Act 1991, the Sex Offenders Registration Act 2004, the Victorian Civil and Administrative Tribunal Act 1998 and the Victorian Institute of Teaching Act 2001 and for other purposes."

The Working with Children Act 2005 was assented to on 13 September 2005 and came into operation on 3 April 2006: Government Gazette 30 March 2006 page 615.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Working with Children Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005

Assent Date:

29.11.05

Commencement Date:

S. 16 on 30.11.05: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Crimes (Sexual Offences) Act 2006, No. 2/2006

Assent Date:

7.3.06

Commencement Date:

S. 47 on 1.12.06: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006

Assent Date:

11.4.06

Commencement Date:

S. 28 on 12.4.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Education and Training Reform Act 2006, No. 24/2006

Assent Date:

16.5.06

Commencement Date:

S. 6.1.2(Sch. 7 item 48) on 1.7.07: Government Gazette 28.6.07 p. 1304

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Justice Legislation (Further Miscellaneous Amendments) Act 2006, No. 27/2006

Assent Date:

6.6.06

Commencement Date:

S. 23 on 30.6.06: s. 2

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:

6.6.06

Commencement Date:

S. 3(Sch. 1 item 40) on 13.9.05: s. 2(2)(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:

15.8.06

Commencement Date:

S. 42(Sch. item 39) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date:

10.10.06

Commencement Date:

Ss 62, 63 on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Working with Children Amendment Act 2007, No. 56/2007

Assent Date:

7.11.07

Commencement Date:

S. 4 on 3.4.06: s. 2(2); ss 3, 520 on 8.11.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Education and Training Reform Amendment Act 2008, No. 19/2008

Assent Date:

21.5.08

Commencement Date:

S. 18 on 22.5.08: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Justice Legislation Amendment Act 2008, No. 21/2008

Assent Date:

2.6.08

Commencement Date:

S. 25(2) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Family Violence Protection Act 2008, No. 52/2008

Assent Date:

23.9.08

Commencement Date:

S. 270 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Transport Legislation Amendment (Driver and Industry Standards) Act 2008, No. 85/2008

Assent Date:

11.12.08

Commencement Date:

S. 17 on 12.12.08: s. 2

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Justice Legislation Further Amendment Act 2009, No. 55/2009

Assent Date:

22.9.09

Commencement Date:

S. 63 on 31.5.10: s. 2(4)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 136) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 1 item 68) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009

Assent Date:

1.12.09

Commencement Date:

S. 20 on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009

Assent Date:

15.12.09

Commencement Date:

S. 219(Sch. 3 item 7) on 1.1.10: Government Gazette 24.12.09 p. 3397

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:

2.3.10

Commencement Date:

S. 203(1)(Sch. 6 item 53) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:

30.3.10

Commencement Date:

S. 51(Sch. item 61) on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Equal Opportunity Act 2010, No. 16/2010 (as amended by No. 26/2011)

Assent Date:

27.4.10

Commencement Date:

S. 209(Sch. item 10) on 1.8.11: s. 2(4)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Assent Date:

18.5.10

Commencement Date:

Ss 35, 36 on 1.7.11: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Child Employment Amendment Act 2010, No. 26/2010

Assent Date:

8.6.10

Commencement Date:

S. 36 on 31.12.10: 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 2010, No. 51/2010

Assent Date:

24.8.10

Commencement Date:

Ss 315, 1724 on 25.8.10: s. 2(1); s. 16 on 8.11.12: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011

Assent Date:

5.7.11

Commencement Date:

S. 104 on 1.8.11: Special Gazette (No. 236) 19.7.11 p. 1; s. 127 on 1.7.13: s. 2(3)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date:

22.11.11

Commencement Date:

S. 107(Sch. item 16) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Children's Services Amendment Act 2011, No. 80/2011

Assent Date:

21.12.11

Commencement Date:

S. 79(Sch. item 9) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date:

29.5.12

Commencement Date:

S. 29 on 1.7.12: s. 2

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Working with Children Amendment Act 2012, No. 61/2012

Assent Date:

23.10.12

Commencement Date:

Ss 316 on 31.12.12: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013

Assent Date:

17.12.13

Commencement Date:

S. 21 on 1.1.14: s. 2(4)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 112) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014, No. 19/2014

Assent Date:

1.4.14

Commencement Date:

S. 92 on 30.9.15: Special Gazette (No. 278) 22.9.15 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Crimes Amendment (Protection of Children) Act 2014, No. 36/2014[3]

Assent Date:

3.6.14

Commencement Date:

S. 6(1)(2) on 27.10.14: Special Gazette (No. 350) 7.10.14 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 187) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:

26.8.14

Commencement Date:

S. 154(2) on 27.8.14: s. 2(1); s. 154(1) on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, No. 66/2014 (as amended by No. 20/2015)

Assent Date:

9.9.14

Commencement Date:

Ss 443 on 26.10.14: Special Gazette (No. 330) 23.9.14 p. 2

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014

Assent Date:

21.10.14

Commencement Date:

S. 36 on 3.11.14: Special Gazette (No. 400) 29.10.14 p. 1

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Education and Training Reform Amendment (Child Safe Schools) Act 2015, No. 7/2015

Assent Date:

21.4.15

Commencement Date:

S. 14 on 22.4.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:

16.6.15

Commencement Date:

Ss 2530 on 17.6.15: s. 2(3)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015

Assent Date:

22.9.15

Commencement Date:

S. 30 on 1.12.15: s. 2(2)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016, No. 9/2016

Assent Date:

15.3.16

Commencement Date:

S. 13 on 16.3.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

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 2227 on 1.5.17: Special Gazette (No. 111) 4.4.17 p. 2; ss 421, 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

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 State:

This information relates only to the provision/s amending the Working with Children Act 2005

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This publication does not include amendments made to the Working with Children Act 2005 by the following Act/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017

Assent Date:

20.6.17

Commencement Date:

S. 58 not yet proclaimed

Current State:

This information relates only to the provision/s amending the Working with Children Act 2005

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Working with Children Act 2005 were Not in Operation:

Amending Act/s:

Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017

        58     Sex offenders not to apply for assessment notice

For section 39A(a) of the Working with Children Act 2005 substitute

    "(a)     a registrable offender within the meaning of section 3 of the Sex Offenders Registration Act 2004; or".


    4     Explanatory details


[1] S. 30(1): The amendment proposed by section 6.1.2 (Schedule 7 item 48.3(a)) of the Education and Training Reform Act 2006, No. 24/2006 is not included in this publication because the words
"section 11 of the Victorian Institute of Teaching Act 2001" do not
appear in section 30(1). Schedule 7 item 48.3(a) reads as follows:

    48.3     In section 30

        (a)     in subsection (1), for "section 11 of the Victorian Institute of Teaching Act 2001" substitute "section 2.6.9 of the Education and Training Reform Act 2006";

[2] S. 51 (repealed): The amendment proposed by section 47 of the Crimes (Sexual Offences) Act 2006, No. 2/2006 is not included in this publication due to the earlier repeal of section 51 by section 63 of the Justice Legislation (Further Amendment) Act 2006, No. 79/2006.

[3] Table of Amendments: The amendments proposed by section 6(1)(2) of the Crimes Amendment (Protection of Children) Act 2014, No. 36/2014 are not included in this publication due to the earlier repeal of section 13(1)(fb)(g) by section 12(2) of the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, No. 66/2014.



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