Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 39

False or misleading information

S. 39(1) amended by No. 66/2014 s. 38.

    (1)     A person must not in, or in relation to, an application for the carrying out of a working with children check or in connection with a re‑assessment under Division 5 of Part 2 give information that is false or misleading in a material particular.

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 at which the offence is alleged to have been committed, the accused believed on reasonable grounds—

        (a)     in the case of false information—that the information was true; or

        (b)     in the case of misleading information—that the information was not misleading.

S. 39A inserted by No. 51/2010 s. 22.



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