Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 20

Holder of assessment notice to notify of relevant change in circumstances

    (1)     If a relevant change in circumstances occurs with respect to a person who has a current assessment notice or who has applied for one and the application is still pending, that person must notify—

        (a)     the Secretary; and

        (b)     any person by whom he or she is engaged in child-related work; and

        (c)     any agency with which he or she is listed—

in writing of the change within 7 days after becoming aware of the change.

Penalty:     Level 9 fine (60 penalty units maximum).

Note

Listed with an agency is defined in section 3(2).

    (2)     For the purposes of subsection (1) a relevant change in circumstances is—

S. 20(2)(a) amended by No. 66/2014 s. 19(1).

        (a)     the person being charged with a category A offence or a category B offence; or

S. 20(2)(b) amended by No. 66/2014 s. 19(1).

        (b)     the person being convicted or found guilty of a category A offence or a category B offence or the charge being otherwise finally dealt with; or

        (c)     the person becoming subject to reporting obligations imposed on him or her by
Part 3 of the Sex Offenders Registration Act 2004 ; or

S. 20(2)(d) amended by No. 21/2008 s. 25(2)(a).

        (d)     the person becoming subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 ; or

S. 20(2)(da) inserted by No. 91/2009 s. 219(Sch. 3 item 7.4).

        (da)     the person becoming subject to a supervision order or a detention order; or

        (e)     a relevant finding being made against the person.

S. 20(3) amended by No. 68/2009 s. 97(Sch. item 136.6).

    (3)     In a proceeding for an offence against subsection (1) constituted by not notifying the Secretary of how a charge for an offence was finally dealt with, it is a defence to the charge for the accused to prove that—

S. 20(3)(a) amended by No. 68/2009 s. 97(Sch. item 136.7).

        (a)     he or she notified the Secretary of the filing of the charge-sheet containing the charge in accordance with subsection (1); and

S. 20(3)(b) amended by No. 66/2014 s. 19(2).

        (b)     the Secretary re-assessed under Division 5 his or her eligibility to have an assessment notice; and

        (c)     his or her assessment notice was not revoked following the re-assessment; and

S. 20(3)(d) substituted by No. 51/2010 s. 14.

        (d)     the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.

S. 20A inserted by No. 51/2010 s. 15.



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