Victorian Numbered Acts

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WORKING WITH CHILDREN ACT 2005 (NO 57 OF 2005) - SECT 23

Revocation of assessment notice and surrender of document

    (1)     The Secretary may at any time revoke an assessment notice following a re-assessment of the person's eligibility to have the notice.

    (2)     If the Secretary revokes an assessment notice, the Secretary must give a negative notice to the former holder of the assessment notice.

    (3)     The Secretary may give a notice to a person whose assessment notice is revoked or has been expired for more than 3 months requiring him or her to surrender to the Secretary in the manner specified in the notice and within the period for doing so specified in the notice—

        (a)     the assessment notice document; or

        (b)     a document in the prescribed form evidencing the giving of the assessment notice.

    (4)     A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice given by the Secretary under sub-section (3).

Penalty:     Level 9 fine (60 penalty units maximum).

    (5)     If the Secretary

        (a)     gives a notice under sub-section (3) consequent on the expiry of an assessment notice; and

        (b)     is aware that the former holder of the notice is a person who—

              (i)     is, or is proposed to be, engaged in child-related work by another person; or

              (ii)     is listed with an agency

the Secretary, if he or she is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the expiry.

    Note:     "Listed with an agency" is defined in section 3(2).



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