Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 12

Category A application

S. 12(1) amended by Nos 56/2007 s. 7(1), 21/2008 s. 25(2)(a), 91/2009 s. 219(Sch. 3 item 7.2), 61/2012 s. 3, substituted by No. 66/2014 s. 11(2).

    (1)     An application is a category A application for the purposes of this Act if it is in respect of a person

        (a)     who is subject to reporting obligations imposed on him or her by Part 3 of the Sex Offenders Registration Act 2004 ; or

        (b)     who is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 ; or

        (c)     who is subject to a supervision order or a detention order; or

S. 12(1)(d) substituted by No. 72/2016 s. 7(1).

        (d)     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 a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or

        (e)     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 a category A offence other than an offence specified in clause 1 or 2 of Schedule 1.

S. 12(2) amended by No. 66/2014 s. 11(3).

    (2)     The Secretary must refuse to give an assessment notice on a category A application.

S. 12(3) inserted by No. 56/2007 s. 7(2), amended by No. 66/2014 s. 11(4)(a).

    (3)     Despite subsection (2), the Secretary may give an assessment notice on a category A application if—

S. 12(3)(a) amended by No. 66/2014 s. 11(4)(b).

        (a)     the application is in respect of a person who has at any time been given an assessment notice because of an order made by VCAT under section 26A(5) ; and

        (b)     a relevant change in circumstances (as defined in section 20(2)) has not occurred with respect to the person; and

        (c)     the Secretary is satisfied that exceptional circumstances do not exist with respect to the person that justify the refusal of the notice.

S. 12(4) inserted by No. 72/2016 s. 7(2).

    (4)     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.

S. 13 (Heading) substituted by No. 66/2014 s. 12(1).



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