Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 13

Category B application

S. 13(1) amended by Nos 56/2007 s. 8, 68/2009 s. 97(Sch item 136.4), 91/2009 s. 219(Sch. 3 item 7.3), 61/2012 s. 4(1)(2), substituted by No. 66/2014 s. 12(2).

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

S. 13(1)(a) amended by Nos 74/2014 s. 36(1), 47/2016 s. 49(2), substituted by No. 72/2016 s. 8(1).

        (a)     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 B offence specified in clause 2, 8, 9 or 14A of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or

S. 13(1)(b) amended by Nos 20/2015 s. 25, 47/2016 s. 49(2).

        (b)     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 B offence other than an offence specified in clause 2, 8, 9, 14A or 17 of Schedule 2; or

S. 13(1)(c) substituted by No. 72/2016 s. 8(2).

        (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 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 a child.

S. 13(2) amended by No. 66/2014 s. 12(3).

    (2)     The Secretary must refuse to give an assessment notice on a category B application unless satisfied that doing so would not pose an unjustifiable risk to the safety of children, having regard to—

        (a)     the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

        (b)     the period of time since the applicant committed, or allegedly committed, the offence; and

        (c)     whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

        (d)     the sentence imposed for the offence; and

        (e)     the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence; and

        (f)     whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the applicant committed, or allegedly committed, the offence; and

        (g)     the applicant's behaviour since he or she committed, or allegedly committed, the offence; 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.

S. 13(3) inserted by No. 61/2012 s. 4(3).

    (3)     In satisfying himself or herself that giving an assessment notice would not pose an unjustifiable risk to the safety of children, the Secretary must be satisfied that—

S. 13(3)(a) amended by No. 72/2016 s. 8(3).

        (a)     a reasonable person would allow his or her child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and

        (b)     the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

S. 13(4) inserted by No. 72/2016 s. 8(4).

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



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