Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 34

Offence for holder of negative notice to apply for child-related work

    (1)     A person who has at any time been given a negative notice and does not have a current assessment notice must not apply for, or engage in, work that is child-related work.

Penalty:     Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

    (2)     In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that, at the time the offence is alleged to have been committed, he or she did not know that the work was child-related work.

S. 34(2A) inserted by No. 56/2007 s. 16.

    (2A)     A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed, he or she had been given a negative notice by the Secretary and had applied to VCAT—

S. 34(2A)(a) amended by No. 66/2014 s. 34(1).

        (a)     under section 26A(1) for an assessment notice to be given to him or her; or

S. 34(2A)(b) substituted by No. 66/2014 s. 34(2).

        (b)     under section 26(1) for review of a decision of the Secretary to give him or her a negative notice

and the decision of the Secretary was the subject of an order by VCAT staying the operation of the decision.

S. 34(3) substituted by No. 66/2014 s. 34(3), repealed by No. 72/2016 s. 17.

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