Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 26B

Jurisdiction of VCAT—category B

    (1)     In a review of a decision to give a negative notice on a category B application or in relation to a category B re-assessment, VCAT must determine that it is appropriate to refuse to give an assessment notice unless satisfied that giving the assessment notice would not pose an unjustifiable risk to the safety of children, having regard to any matters to which the Secretary must have regard under section 13(2).

    (2)     In satisfying itself that giving an assessment notice would not pose an unjustifiable risk to the safety of children, VCAT must be satisfied that—

S. 26B(2)(a) amended by No. 72/2016 s. 15.

        (a)     a reasonable person would allow his or her child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and

        (b)     the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

    (3)     Even if VCAT is satisfied under subsections (1) and (2) that giving an assessment notice would not pose an unjustifiable risk to the safety of children, VCAT must determine that it is appropriate to refuse to give the assessment notice unless it is satisfied that it is in the public interest to give the assessment notice.

S. 26C inserted by No. 66/2014 s. 29.



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