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WORKING WITH CHILDREN ACT 2005 - SCHEDULE 2

Schedule 2—Category B offences

Section 3(1)

Sch. 2 cl. 1 amended by No. 47/2016 s. 49(5).

    1     An offence (other than a child abuse material offence, a carnal knowledge offence or an offence specified in clause 4, 5, 6, 7, 8 or 9 of Schedule 1) specified in clause 1 of Schedule 1 to the Sentencing Act 1991 (sexual offences) in circumstances where the person against whom the offence is committed is not a child.

    2     A carnal knowledge offence.

    3     An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 (violent offences) other than murder or attempted murder.

    4     An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 (drug offences).

    5     An offence against section 71AB (trafficking in a drug of dependence to a child) or 71B (supply of a drug of dependence to a child) of the Drugs, Poisons and Controlled Substances Act 1981 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 71AB or 71B of that Act.

    6     An offence—

        (a)     against section 46 or 47 of the Sex Offenders Registration Act 2004 or against Part 5 of that Act (other than section 70); or

        (b)     against the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or

        (c)     against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182 or 186); or

        (d)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 46 or 47 of the Sex Offenders Registration Act 2004 or against Part 5 of that Act (other than section 70) or against the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)) or against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182 or 186).

    7     An offence against section 271.4 (trafficking in children) or 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.

    8     An offence against section 21A of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 21A of that Act, in circumstances where the person against whom the offence is committed is a child.

Sch. 2 cl. 9 amended by No. 47/2016 s. 49(6).

    9     An offence against section 49N(1) of the Crimes Act   1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49N(1) of that Act.

Sch. 2 cl. 9A inserted by No. 20/2015 s. 29, amended by No. 47/2016 s. 49(7).

    9A     An offence against section 49O(1) or 327 of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49O(1) or 327 of that Act.

    10     An offence against Part 4 of this Act (other than section 37 or 40).

    11     An offence—

        (a)     against section 18 of the Crimes Act 1958 ; or

        (b)     against section 19 or 37 of the Crimes Act   1958 if the offence was committed before the commencement of the Crimes (Amendment) Act 1985 ; or

        (c)     an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 18 of the Crimes Act 1958 ; or

        (d)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Crimes (Amendment) Act 1985 , would have constituted an offence against section 19 or 37 of the Crimes Act 1958 .

    12     An offence—

        (a)     against section 19 of the Summary Offences Act 1966 ; or

Sch. 2 cl. 12(ab) inserted by No. 47/2016 s. 49(8).

        (ab)     against section 19 of the Summary Offences Act 1966 if the offence was committed before the commencement of section 25 of the Crimes Amendment (Sexual Offences) Act 2016 ; or

        (b)     against section 17(1) of the Summary Offences Act 1966 constituted by indecent behaviour if the offence was committed before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 ; or

        (c)     against section 7(1)(c) of the Vagrancy Act   1966 if the offence was committed before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 ; or

        (d)     under a law of a jurisdiction other than Victoria that, if committed in Victoria, would constitute an offence against section 19 of the Summary Offences Act   1966 ; or

        (e)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 , would have constituted an offence against section 17(1) of the Summary Offences Act   1966 constituted by indecent behaviour; or

        (f)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria before the commencement of the  Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 , would have constituted an offence against section 7(1)(c) of the Vagrancy Act 1966 .

    13     An offence—

        (a)     against any of the following sections of the Crimes Act 1958

              (i)     section 63 (child stealing);

              (ii)     section 75A (armed robbery); or

        (b)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Crimes Act 1958 specified in paragraph (a).

    14     An offence against Division 4A of Part I of the Summary Offences Act 1966 (upskirting offences) or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that Division.

Sch. 2 cl. 14A inserted by No. 74/2014 s. 36(3), amended by No. 20/2015 s. 30.

    14A     An offence against section 41DA or 41DB of the Summary Offences Act 1966 or   an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 41DA or 41DB of that Act.

    15     An offence—

        (a)     against any of the following sections of the Children, Youth and Families Act 2005

              (i)     section 493 (failing to protect a child from harm);

              (ii)     section 494 (leaving a child unattended); or

        (b)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Children, Youth and Families Act 2005 specified in paragraph (a).

    16     An offence—

        (a)     against the following sections of the Surveillance Devices Act 1999

              (i)     section 7 (installing, using or maintaining a device to record or observe a private activity);

              (ii)     section 9B (employer installing, using or maintaining a device to record or observe a private activity of a worker); or

        (b)     under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against a section of the Surveillance Devices Act 1999 specified in paragraph (a).

Sch. 2 cl. 17 inserted by No. 47/2016 s. 49(9).

    17     An offence against section 49C(2) of the Crimes Act 1958 (failure by person in authority to protect child from sexual offence) inserted in the Crimes Act 1958 on 1 July 2015 by section 3 of the Crimes Amendment (Protection of Children) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49C(2) of the Crimes Act 1958 .

Sch. 2 cl. 18 inserted by No. 47/2016 s. 49(9).

    18     An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.) inserted in the Crimes Act 1958 on 21 December 1993 by section 10 of the Crimes (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 60B(2) of the Crimes Act 1958 .


Sch. 3 inserted by No. 66/2014 s. 43.



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