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WORKING WITH CHILDREN ACT 2005 - SECT 21AD

Determination of re-assessment—category C

    (1)     A re-assessment is a category C re‑assessment if the Secretary re-assesses a person's eligibility to have an assessment notice because the Secretary is notified that—

        (a)     the person has become subject to—

S. 21AD(1)(a)(i) amended by No. 4/2017 s. 11(2).

              (i)     a finding of a prescribed kind made by, or on behalf of, or referred to the Secretary by, a prescribed body; or

              (ii)     a determination by VCAT under section 77(4)(g) or (h) or 77(5)(e) or (f) of the Health Professions Registration Act 2005 as in force immediately before its repeal; or

              (iii)     a determination under section 196(2)(d) or (e) or 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or by another responsible tribunal within the meaning of that Law; or

S. 21AD(1)(b) amended by Nos 20/2015 s. 27, 47/2016 s. 49(2), substituted by No. 72/2016 s. 12(1).

        (b)     the person has been charged with or 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 a child; or

S. 21AD(1)(c) amended by No. 72/2016 s. 29(1).

        (c)     the person has been charged with, convicted or found guilty of an offence other than a category A offence or category B offence; or

S. 21AD(1)(d) inserted by No. 72/2016 s. 29(2).

        (d)     the person has been charged with an offence specified in clause 2 of Schedule 3 and the charge has been finally dealt with other than by way of a conviction or a finding of guilt.

Note

For examples of the ways a charge may be finally dealt with, see section 6(1).

    (2)     The Secretary must determine not to revoke the assessment notice on a category C re‑assessment unless—

        (a)     the Secretary is satisfied that the person having the assessment notice would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (3); or

        (b)     the Secretary is satisfied that—

S. 21AD
(2)(b)(i) amended by No. 72/2016 s. 12(2).

              (i)     a reasonable person would not allow his or her child to have direct contact with the holder of the assessment notice while the holder was engaged in any type of child-related work; or

              (ii)     the holder's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.

    (3)     For the purposes of subsection (2)(a), the Secretary must have regard to—

        (a)     the nature and gravity of the conduct and its relevance to child-related work; and

        (b)     the period of time since the holder of the assessment notice engaged, or allegedly engaged, in the conduct; and

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

        (d)     in the case of an offence, the sentence imposed for it; and

        (e)     the ages of the holder and of any victim at the time the holder engaged, or allegedly engaged, in the conduct; and

        (f)     whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the holder engaged, or allegedly engaged, in it; and

        (g)     the holder's behaviour since he or she engaged, or allegedly engaged, in the conduct; and

        (h)     the likelihood of future threat to a child caused by the holder; and

              (i)     any information given by the holder in, or in relation to, the re-assessment; and

        (j)     any other matter that the Secretary considers relevant to the re-assessment.

S. 21AD(4) inserted by No. 72/2016 s. 12(3).

    (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. 21AE inserted by No. 66/2014 s. 23.



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