Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 4

Meaning of finding of guilt

    (1)     For the purposes of this Act, a reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following—

        (a)     a court making a formal finding of guilt in relation to the offence;

        (b)     a court accepting a plea of guilty from the person in relation to the offence;

        (c)     a court accepting an admission made under and for the purposes of section 100 of the Sentencing Act 1991 , or under equivalent provisions of the laws of a jurisdiction other than Victoria;

S. 4(1)(d) amended by No. 55/2014 s. 154(1).

        (d)     a finding in relation to the offence under section 17(1)(b) or 17(1)(c) or under section 38X(1)(b) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or under section 17(1)(c) or 38X(1)(c) of that Act in relation to an offence available as an alternative or a finding under that Act of not guilty because of mental impairment, or a finding under equivalent provisions of the laws of a jurisdiction other than Victoria;

S. 4(1)(e) inserted by No. 55/2014 s. 154(2).

        (e)     a verdict of not guilty on account of insanity in relation to the offence returned under—

              (i)     section 420 of the Crimes Act 1958 (as then in force); or

              (ii)     an equivalent provision of the laws of a jurisdiction other than Victoria—

before the day on which Schedule 3 to the  Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation.

    (2)     A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.



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