Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 26

Jurisdiction of VCAT—general

    (1)     Subject to subsections (2) and (3), a person who has been given a negative notice

        (a)     on a category A application on the ground that he or she is a person referred to in paragraph (a), (b) or (c) of section 12(1); or

        (b)     on a category B application or a category C application; or

        (c)     because of a decision of the Secretary under  section 21C(1) to revoke an assessment notice following a category A re‑assessment required because of circumstances referred to in paragraph (a), (b) or (c) of section 21AB(1); or

        (d)     because of a decision of the Secretary under section 21C(1) to revoke an assessment notice following a category B re-assessment or a category C re-assessment—

may apply to VCAT for review of the decision to give the negative notice.

    (2)     A person who is given a negative notice in the circumstances described in subsection (1)(a) may only apply for review on the ground that he or she is not such a person.

    (3)     A person who is given a negative notice in the circumstances described in subsection (1)(c) may only apply for review on the ground that that the circumstances referred to in paragraph (a), (b) or (c) of section 21AB(1) did not occur.

    (4)     An application for review under subsection (1) must be made within 28 days after the later of—

        (a)     the day on which the decision of the Secretary to give the negative notice is made; and

        (b)     if, under the Victorian Civil and Administrative Tribunal Act 1998 , the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Note

VCAT may, on an application under subsection (1), affirm the decision to give a negative notice or set that decision aside and either give an assessment notice or send the matter back to the Secretary for re-consideration (see section 51 of the Victorian Civil and Administrative Tribunal Act 1998 ).

S. 26A inserted by No. 66/2014 s. 29.



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