Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 21AE

Submission sought from holder before determining to revoke assessment notice

    (1)     If the Secretary proposes or is required under this Division to determine to revoke an assessment notice, the Secretary must, before finally deciding the re-assessment—

        (a)     give a written notice to the holder of the assessment notice that—

              (i)     informs the holder of the proposal or requirement; and

              (ii)     states the information about the holder of which the Secretary is aware; and

              (iii)     invites the holder to make a submission to the Secretary, in writing or in another form approved by the Secretary, within the period specified in the notice about his or her eligibility to hold an assessment notice; and

        (b)     give an interim negative notice to the holder of the assessment notice.

    (2)     The period specified under subsection (1)(a)(iii) must be not less than—

        (a)     14 days in the case of a category A re‑assessment unless the holder of the assessment notice satisfies the Secretary that it is appropriate to allow the holder further time to make a submission; and

        (b)     28 days in the case of any other re‑assessment.

    (3)     Before finally determining whether to revoke an assessment notice the Secretary must consider any submission made by the holder in response to a notice under subsection (1)(a) and within the period specified under subsection (2) unless the holder notifies the Secretary that he or she does not want to make a submission.

    (4)     The Secretary must determine to revoke an assessment notice if the holder of that notice does not make a submission in response to an interim negative notice under subsection (1) within the

period specified under subsection (2) unless the holder notifies the Secretary that he or she does not want to make a submission.

    (5)     Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in—

        (a)     a criminal proceeding; or

        (b)     a proceeding for the imposition of a penalty—

other than—

        (c)     proceedings in respect of an offence against this Act; or

        (d)     a proceeding in respect of the falsity or misleading nature of the information.

    (6)     If the Secretary

        (a)     gives the holder of an assessment notice an interim negative notice under subsection (1)(b); and

        (b)     finally determines not to revoke that notice—

the Secretary must give notice in writing to the holder of the determination not to revoke the assessment notice.

S. 21AF inserted by No. 66/2014 s. 23.



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