Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 37

Using volunteer assessment notice for paid work

    (1)     A person is guilty of an offence if—

        (a)     he or she has a current assessment notice that was given to him or her on an application that did not specify an intention to engage in child-related work for profit or gain; and

        (b)     he or she engages in child-related work for profit or gain; and

        (c)     he or she knows that his or her current assessment notice was given on an application of a kind referred to in paragraph (a); and

        (d)     he or she knows that, or is reckless as to whether or not, the child-related work in which he or she is engaging is being engaged in for profit or gain.

Note to s. 37(1) inserted by No. 79/2006 s. 62(4), substituted by No. 66/2014 s. 37.

Note

See section 9(1) for the meaning of child-related work .

    (2)     A person is guilty of an offence if—

        (a)     the person engages, or continues to engage, another person (the worker) in child-related work, knowing that it is child-related work; and

        (b)     the person knows that the worker has a current assessment notice that was given to him or her on an application that did not specify an intention to engage in child‑related work for profit or gain; and

        (c)     the person engaging, or continuing to engage, the worker knows that, or is reckless as to whether or not, the child-related work in which the worker is engaging is being engaged in for profit or gain.

    (3)     A person who is guilty of an offence against subsection (1) or (2) is liable to a level 11 fine (5 penalty units maximum).

Note

A person who has been given an assessment notice on an application that did not specify an intention to engage in child-related work for profit or gain may apply under section 10 for an assessment notice that may be used in respect of child-related work engaged in for profit or gain.



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