Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 47

Evidentiary provisions

    (1)     A document purporting to be given by the Secretary or a delegate of the Secretary certifying as to—

        (a)     whether an application by a specified person for a working with children check was pending under Part 2 as at a specified date; or

        (b)     whether an interim negative notice was given to a specified person on a specified date; or

        (c)     whether a negative notice was given to a specified person on a specified date; or

        (d)     whether an assessment notice was given to a specified person on a specified date; or

        (e)     whether a copy of an assessment notice, an interim negative notice or a negative notice was given to a specified person on a specified date; or

        (f)     any other matter that appears in, or that can be determined from, the records kept by the Secretary under this Act—

is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the document.

    (2)     A document purporting to be given by the Secretary or a delegate of the Secretary under subsection (1) must be presumed in any proceedings, in the absence of evidence to the contrary, to have been given by the Secretary or a person who was, at that time, a delegate of the Secretary, as the case requires.

S. 47(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 68.1).

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