(1) In a review of a decision to give a negative notice on a category C application or in relation to a category C re-assessment, VCAT must determine whether in the particular circumstances it would be appropriate to refuse to give an assessment notice, having regard to any matters to which the Secretary must have regard under section 14(3).
(2) VCAT must determine that it is appropriate to refuse to give an assessment notice unless VCAT is satisfied that—
S. 26C(2)(a) amended by No. 72/2016 s. 16.
(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; or
(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 does not determine under
subsection (1) or (2) that it would be appropriate to refuse to give an
assessment notice, 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.
Part 3—Exemptions from working with children check