Victorian Current Acts Victorian Current Acts(1) In this Act—
"agency" means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring child-related work for persons seeking such work, whether or not the business includes procuring any other kind of work for those persons or other persons;
"assessment notice" means an assessment notice given by the Secretary to an applicant for a working with children check under Part 2;
S. 3(1) def. of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch. 2 item 112).
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S. 3(1) def. of carnal knowledge offence inserted by No. 56/2007 s. 3(2).
"carnal knowledge offence" means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991 ;
S. 3(1) def. of category A offence inserted by No. 66/2014 s. 6(4).
"category A offence" means an offence specified in Schedule 1;
S. 3(1) def. of category B offence inserted by No. 66/2014 s. 6(4).
"category B offence" means an offence specified in Schedule 2;
"child" means a person under 18 years of age;
S. 3(1) def. of child pornography offence amended by No. 42/2015 s. 30, substituted as child abuse material offence by No. 47/2016 s. 49(1).
"child abuse material offence" means—
(a) an offence against any of the following provisions of the Crimes Act 1958 —
(i) section 51B(1) (involving a child in the production of child abuse material);
(ii) section 51C(1) (producing child abuse material);
(iii) section 51D(1) (distributing child abuse material);
(iv) section 51E(1) (administering a website used to deal with child abuse material);
(v) section 51F(1) (encouraging use of a website to deal with child abuse material);
(vi) section 51G(1) (possession of child abuse material);
(vii) section 51H(1) (accessing child abuse material);
(viii) section 51I(1) (assisting a person to avoid apprehension); or
(b) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; or
(c) an offence referred to in paragraphs (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(ii), (iii), (iv), (v), (vi) or (vii), of clause 1 of Schedule 1 to the Sentencing Act 1991 ;
child-related work has the meaning given by section 9 ;
S. 3(1) def. of community or treatment
order
inserted by No. 66/2014 s. 6(4).
"community or treatment order" means—
(a) an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(b) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or
(c) a drug treatment order within the meaning of the Sentencing Act 1991 ; or
(d) a community correction order within the meaning of the Sentencing Act 1991 ; or
(e) a fine conversion order within the meaning of the Sentencing Act 1991 ;
(f) a fine default unpaid community work order within the meaning of the Sentencing Act 1991 ;
S. 3(1) def. of detention order inserted by No. 91/2009 s. 219(Sch. 3 item 7.1(b)), amended by No. 27/2018 s. 369(1)(a).
"detention order" means a detention order within the meaning of the Serious Offenders Act 2018 or an interim detention order under that Act;
S. 3(1) def. of direct contact amended by Nos 66/2014 s. 6(1), 72/2016 s. 4(1).
"direct contact" means any contact between a person and a child that involves—
(a) physical contact; or
(b) face to face contact; or
(c) contact by post or other written communication; or
(d) contact by telephone or other oral communication; or
(e) contact by email or other electronic communication;
S. 3(1) def. of educational institution substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 48.1), amended by No. 76/2013 s. 21.
"educational institution" means—
(a) any Government school or non‑Government school within the meaning of the Education and Training Reform Act 2006 ; or
(b) any of the following—
(i) a TAFE institute within the meaning of the Education and Training Reform Act 2006 ;
(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006 ;
(iii) a provider of adult, community and further education, within the meaning of the Education and Training Reform Act 2006 , that is eligible for funding under that Act;
(iv) an adult education institution within the meaning of the Education and Training Reform Act 2006 ;
(v) an education and training organisation registered on the State Register under the Education and Training Reform Act 2006 —
to the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children and that leads to the award of a Senior Secondary Certificate of Education that is recognised by the AQF within the meaning of the Education and Training Reform Act 2006 ; or
(c) any other institution that provides a program of study or training primarily for, or directed at, children—
but does not include—
(d) except to the extent provided by paragraph (b), a university within the meaning of the Education and Training Reform Act 2006 ; or
(e) except to the extent provided by paragraph (b), a TAFE institute or an adult education institution within the meaning of the Education and Training Reform Act 2006 —
even if that university, college or institution has a student under 18 years of age;
S. 3(1) def. of emergency detention order inserted by No. 27/2018 s. 369(1)(b).
"emergency detention order" means an emergency detention order within the meaning of the Serious Offenders Act 2018 ;
S. 3(1) def. of interim negative notice amended by No. 66/2014 s. 6(2).
"interim negative notice" means an interim negative notice given by the Secretary under section 16(1)(b) or 21AE(1)(b);
S. 3(1) def. of minister of
religion
inserted by No. 66/2014 s. 6(4).
"minister of religion" means—
(a) a person ordained or appointed as a recognised religious leader in an organised religious institution; or
(b) the appointed leader of a local religious congregation in an organised religious institution who has general authority over the operations of that congregation within the institution;
S. 3(1) def. of negative notice amended by No. 66/2014 s. 6(3).
"negative notice" means a negative notice given by the Secretary to an applicant for a working with children check under Part 2 or on revoking an assessment notice under section 21C;
"officer"—
(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;
S. 3(1) def. of parent amended by Nos 48/2006 s. 42(Sch. item 39.1), 56/2007 s. 3(1)(a).
"parent", in relation to a child, has the same meaning as in the Children, Youth and Families Act 2005 but does not include a foster carer;
"person" includes an unincorporated body or association and a partnership;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 187.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of registered medical practitioner inserted by No. 56/2007 s. 3(2), substituted by No. 13/2010 s. 51(Sch. item 61).
"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
"relevant finding" means a finding of a kind referred to in section 14(1)(a);
S. 3(1) def. of relevant offence amended by Nos 56/2007 s. 3(1)(b), 91/2009 s. 219(Sch. 3 item 7.1(a)), repealed by No. 66/2014 s. 6(5).
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S. 3(1) def. of Secretary amended by Nos 72/2016 s. 4(2), 30/2019 s. 30.
"Secretary" means Secretary to the Department of Justice and Community Safety;
S. 3(1) def. of supervision order inserted by No. 91/2009 s. 219(Sch. 3 item 7.1(b)), amended by No. 27/2018 s. 369(1)(c).
"supervision order" means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;
S. 3(1) def. of
work
inserted by No. 66/2014 s. 6(4).
"work" means—
(a) work engaged in—
(i) under a contract of employment or a contract for services (whether written or unwritten); or
(ii) as a minister of religion or as part of the duties of a religious vocation; or
(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or
(b) practical training undertaken as part of an educational or vocational course other than under an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006 ; or
(c) work engaged in as a volunteer, including engaging in unpaid community work under a community or treatment order—
but does not include unpaid work engaged in for a private or domestic purpose;
"working with children check" means the process under Part 2 for assessing or re‑assessing whether a person is suitable to work in child‑related work.
(2) For the purposes of this Act a person is listed with an agency if he or she has entered into an agreement with the agency for the agency to procure child-related work for him or her, whether or not the agreement extends to any other kind of work.
(3) For the purposes of this Act a person does not cease to be a volunteer merely because he or she has all or any of his or her out-of-pocket expenses reimbursed.