Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 11

Consideration of application

    (1)     In considering an application made under section 10, the Secretary

        (a)     must arrange for the conduct of a police record check on the applicant; and

        (b)     may have regard to any notice given to the Secretary by, and make enquiries to, any relevant prescribed body; and

S. 11(1)(c) substituted by No. 51/2010 s. 6.

        (c)     may make any other enquiries to, or seek information on the application from, any person or source that the Secretary thinks fit, including the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004 ; and

        (d)     may require the applicant to provide any further information that the Secretary thinks fit in the manner required by the Secretary within 28 days or any longer period that the Secretary determines.

    (2)     Despite subsection (1)(a), the Secretary is not required to arrange for the conduct of a police record check on an applicant if—

        (a)     a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

        (b)     notice of the result of that check has been provided to the Secretary in accordance with the regulations.

S. 11(3) amended by No. 56/2007 s. 6.

    (3)     A person in responding to an enquiry or a request for advice or information from the Secretary under subsection (1) does not contravene any duty of confidentiality imposed on the person by or under any Act (including the Judicial Proceedings Reports Act 1958 ) or agreement, despite anything to the contrary in that Act or agreement.

S. 11(4) inserted by No. 51/2010 s. 7.

    (4)     If a person who has applied for an assessment notice makes a further application for another assessment notice, the Secretary may refuse to consider the first application for the assessment notice and that first application is to be treated as being withdrawn on the date of receipt of the further application.

S. 11(5) inserted by No. 51/2010 s. 7.

    (5)     If a person who holds a current assessment notice applies for another assessment notice, the Secretary may refuse to consider the application for the further assessment notice until the holder surrenders to the Secretary the current assessment notice document that was given to him or her in respect of the first assessment notice.

S. 11(6) inserted by No. 51/2010 s. 7.

    (6)     If a person who has been given a negative notice applies for an assessment notice, the Secretary must not consider the application further unless the Secretary has been notified in writing that there has been a change of circumstances within the meaning of section 25 relating to the issue of the negative notice.

S. 11(7) inserted by No. 51/2010 s. 7.

    (7)     The Secretary may consider an application for a working with children check even though the applicant is exempt under this or any other Act from a working with children check.

S. 11(8) inserted by No. 51/2010 s. 7.

    (8)     Nothing in subsection (7) requires the Secretary to consider an application for a working with children check from an applicant who is exempt under this or any other Act from a working with children check.

S. 11(9) inserted by No. 51/2010 s. 7.

    (9)     If the Secretary refuses to consider an application on the basis that the person applying is exempt from the requirement to have a working with children check under this or any other Act, the application is to be treated as being withdrawn.

S. 12 (Heading) substituted by No. 66/2014 s. 11(1).



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