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WORKING WITH CHILDREN ACT 2005 - SECT 21C

Revocation of assessment notice and surrender of document

    (1)     The Secretary may revoke an assessment notice following a re-assessment under Division 5 of the holder's eligibility to have the notice.

    (2)     If the Secretary revokes an assessment notice under this section, the Secretary must give a negative notice to the former holder of the assessment notice.

    (3)     If the Secretary gives a negative notice under subsection (2), the Secretary must give to the holder with that notice a written notice that—

        (a)     states the reasons for the decision to revoke the holder's assessment notice; and

        (b)     informs the holder that he or she may apply to VCAT to have the decision reviewed or, in the case of a category A re-assessment, to have VCAT consider whether an assessment notice is to be given; and

        (c)     explains how an application may be made to VCAT.

    (4)     The Secretary may give a notice to a person whose assessment notice is revoked or has expired requiring him or her to surrender to the Secretary in the manner specified in the notice and within the period for doing so specified in the notice—

        (a)     the assessment notice document; or

        (b)     a document in the prescribed form evidencing the giving of the assessment notice.

    (5)     A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice given by the Secretary under subsection (4).

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

    (6)     If the Secretary

        (a)     gives a notice under subsection (4) consequent on the expiry of an assessment notice; and

        (b)     is aware that the former holder of the notice is a person who—

              (i)     is, or is proposed to be, engaged in child-related work by another person; or

              (ii)     is listed with an agency

the Secretary, if he or she is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the expiry.

Note

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

Pt 2 Div. 7 (Heading) inserted by No. 66/2014 s. 27.

Division 7—General



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