{"id":"worker-screening-act-2020","name":"Worker Screening Act 2020","slug":"worker-screening-act-2020","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":192766,"registerId":"vic-worker-screening-act-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 15 September 2021, it comes into operation on that day.\n\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***ACC*** means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;\n\n***agency*** means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring child-related work for persons seeking such work, whether or not the business includes procuring any other kind of work for those persons or other persons;\n\nS. 3(1) def. of *approved application form* amended by No. 58/2025 s. 125(Sch. 2 item 1.1(a)).\n\n***approved application form*** means an application form for a screening check approved by the Regulator under section 13;\n\nS. 3(1) def. of *approved identifying information* amended by No. 58/2025 s. 125(Sch. 2 item 1.1(b)).\n\n***approved identifying information*** means identifying information of a kind approved by the Regulator under section 12;\n\n***authorised entity***, in relation to NDIS worker screening, means—\n\n(a) ACC; or\n\n(b) Victoria Police; or\n\n(c) a law enforcement agency; or\n\n(d) the NDIS Commission; or\n\n(e) the NDIS Commissioner; or\n\n(f) an NDIS worker screening unit;\n\n***banning order*** means an order made under section 73ZN of the NDIS Act;\n\n***carnal knowledge offence*** means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the **Sentencing Act 1991**;\n\n***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\n***child*** means a person under 18 years of age;\n\n***child abuse material offence*** means—\n\n(a) an offence against any of the following provisions of the **Crimes Act 1958**—\n\n(i) section 51B(1) (involving a child in the production of child abuse material);\n\n(ii) section 51C(1) (producing child abuse material);\n\n(iii) section 51D(1) (distributing child abuse material);\n\n(iv) section 51E(1) (administering a website used to deal with child abuse material);\n\n(v) section 51F(1) (encouraging use of a website to deal with child abuse material);\n\n(vi) section 51G(1) (possession of child abuse material);\n\n(vii) section 51H(1) (accessing child abuse material);\n\n(viii) section 51I(1) (assisting a person to avoid apprehension); or\n\n(b) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; or\n\n(c) an offence referred to in paragraph (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(iv), (v), (vi) or (vii) of clause 1 of Schedule 1 to the **Sentencing Act 1991**; or\n\n(d) an offence against any of the following sections of the Criminal Code of the Commonwealth, repealed by clause 33 of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 of the Commonwealth—\n\n(i) section 474.19 (using a carriage service for child pornography material);\n\n(ii) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);\n\n***child-related work*** has the meaning given by section 7;\n\n***clearance*** means—\n\n(a) an NDIS clearance; or\n\n(b) a WWC clearance;\n\nS. 3(1) def. of *community or treatment order* amended by No. 34/2020 s. 245.\n\n***community or treatment order*** means—\n\n(a) an old community-based order within the meaning of clause 1 of Schedule 3 to the **Sentencing Act 1991**; or\n\n(b) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the **Sentencing Act 1991**; or\n\n(c) a drug and alcohol treatment order within the meaning of the **Sentencing Act 1991**; or\n\n(d) a community correction order within the meaning of the **Sentencing Act 1991**; or\n\n(e) a fine conversion order within the meaning of the **Sentencing Act 1991**; or\n\n(f) a fine default unpaid community work order within the meaning of the **Sentencing Act 1991**;\n\n***corresponding NDIS worker screening law*** means a prescribed law of another State or a Territory that provides for screening of persons who are to be employed or engaged in risk assessed roles;\n\nS. 3(1) def. of *corresponding reportable conduct law* inserted by No. 58/2025 s. 26(a).\n\n***corresponding reportable conduct law*** means a law of another State or a Territory that substantially corresponds to Part 5A of the **Child Wellbeing and Safety Act 2005**;\n\nS. 3(1) def. of *corresponding reportable conduct regulator* inserted by No. 58/2025 s. 26(a), amended by No. 58/2025 s. 125(Sch. 2 item 1.1(c)).\n\n***corresponding reportable conduct regulator*** means an entity (however described) that has functions and powers under a corresponding reportable conduct law which substantially correspond to the functions and powers conferred on the Regulator by Part 5A of the **Child Wellbeing and Safety Act 2005**;\n\n***corresponding working with children law*** means a law of another State or a Territory that provides for screening of persons engaging in child-related work and that substantially corresponds with the relevant provisions of this Act;\n\n***detention order*** means a detention order within the meaning of the **Serious Offenders Act 2018** or an interim detention order under that Act;\n\n***direct contact***, in relation to child-related work,  means any contact between a person and a child that involves—\n\n(a) physical contact; or\n\n(b) face to face contact; or\n\n(c) contact by post or other written communication; or\n\n(d) contact by telephone or other oral communication; or\n\n(e) contact by email or other electronic communication;\n\n***Disability Worker Registration Board***  means the Disability Worker Registration Board of Victoria established under section 8 of the **Disability Service Safeguards Act 2018**;\n\n***disciplinary or regulatory entity*** means a person or body that is prescribed to be a disciplinary or regulatory entity;\n\nS. 3(1) def. of *educational institution* amended by No. 32/2022 s. 66.\n\n***educational institution*** means—\n\n(a) any Government school or non‑Government school within the meaning of the **Education and Training Reform Act 2006**; or\n\n(b) any of the following—\n\n(i) a TAFE institute within the meaning of the **Education and Training Reform Act 2006**;\n\n(ii) a dual sector university within the meaning of the **Education and Training Reform Act 2006**;\n\n(iii) a provider of adult, community and further education, within the meaning of the **Education and Training Reform Act 2006**, that is eligible for funding under that Act;\n\n(v) an education and training organisation registered on the State Register under the **Education and Training Reform Act 2006**—\n\nto the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children and that leads to the award of a senior secondary certificate of education that is recognised by the AQF within the meaning of the **Education and Training Reform Act 2006**; or\n\n(c) any other institution that provides a program of study or training primarily for, or directed at, children—\n\nbut does not include—\n\n(d) except to the extent provided by paragraph (b), a university within the meaning of the **Education and Training Reform Act 2006**; or\n\n(e) except to the extent provided by paragraph (b), a TAFE institute within the meaning of the **Education and Training Reform Act 2006**—\n\neven if that university, college or institution has a student under 18 years of age;\n\n***emergency detention order*** means an emergency detention order within the meaning of the **Serious Offenders Act 2018**;\n\n***excluded from child-related work under a corresponding working with children law***, in relation to a person, means—\n\n(a) a person who, under a corresponding working with children law, has been refused a clearance (however described) permitting the person to engage in child-related work; or\n\n(b) a person whose clearance (however described) permitting the person to engage in child-related work has been revoked or cancelled under a corresponding working with children law; or\n\n(c) a person who has been otherwise prohibited from engaging in child‑related work under a corresponding working with children law;\n\n***exclusion*** means—\n\n(a) an NDIS exclusion; or\n\n(b) a WWC exclusion;\n\n***interim exclusion*** means—\n\n(a) an interim NDIS exclusion; or\n\n(b) an interim WWC exclusion;\n\nS. 3(1) def. of *interim NDIS exclusion* amended by No. 58/2025 s. 125(Sch. 2 item 1.1(d)).\n\n***interim NDIS exclusion*** means an interim exclusion given by the Regulator under section 29 or 47;\n\nS. 3(1) def. of *interim WWC exclusion* amended by No. 58/2025 s. 125(Sch. 2 item 1.1(e)).\n\n***interim WWC exclusion*** means an interim exclusion given by the Regulator under section 66 or 88;\n\n***interstate NDIS clearance*** means a clearance (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS clearance;\n\n***interstate NDIS exclusion*** means an exclusion (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS exclusion;\n\n***law enforcement agency*** means—\n\n(a) the Australian Federal Police; or\n\n(b) the police force of another State or a Territory; or\n\n(c) a prescribed person or body established under a law of the Commonwealth or of another State or a Territory;\n\n***minister of religion*** means—\n\n(a) a person ordained or appointed as a recognised religious leader in an organised religious institution; or\n\n(b) the appointed leader of a local religious congregation in an organised religious institution who has general authority over the operations of that congregation within the institution;\n\n***NDIS Act*** means the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\n***NDIS category A offence*** means an offence specified in Schedule 1;\n\n***NDIS category B offence*** means an offence specified in Schedule 3;\n\n***NDIS check*** means the process under Chapter 2 for assessing or re‑assessing whether a person may be employed or engaged in a risk assessed role;\n\n***NDIS clearance*** means an NDIS clearance given to a person under section 31(1), 99(1)(a)(ii) or Part 4.2;\n\n***NDIS Commission*** means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;\n\n***NDIS Commissioner*** means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;\n\n***NDIS exclusion*** means an exclusion given to a person under section 30, 31(2), 49, 50, 51, 99(1)(a)(i) or (b)(i) or Part 4.2;\n\n***NDIS participant*** means a person who is a participant in the NDIS;\n\n***NDIS worker screening database*** means the NDIS worker screening database established under section 181Y of the NDIS Act;\n\n***NDIS Worker Screening Rules*** means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth;\n\nS. 3(1) def. of *NDIS worker screening unit* amended by No. 58/2025 s. 125(Sch. 2 item 1.1(f)).\n\n***NDIS worker screening unit*** means an entity that has functions or powers under a corresponding NDIS worker screening law that correspond with the functions or powers of the Regulator under this Act in relation to screening of persons who are to be employed or engaged in risk assessed roles;\n\n***officer***—\n\n(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and\n\n(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;\n\n***parent***, in relation to a child, has the same meaning as in the **Children, Youth and Families Act 2005** but does not include a foster carer;\n\nS. 3(1) def. of *police custody officer* inserted by No. 2/2024 s. 61.\n\n***police custody officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *police custody officer supervisor* inserted by No. 2/2024 s. 61.\n\n***police custody officer supervisor*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***police officer***  has the same meaning as in the **Victoria Police Act 2013**;\n\n***protective services officer***  has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Regulator* inserted by No. 58/2025 s. 115.\n\n***Regulator***  has the same meaning as it has in the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *relevant disciplinary or regulatory finding* amended by No. 58/2025 ss 26(b), 125(Sch. 2 item 1.1(g)).\n\n***relevant disciplinary or regulatory finding*** means—\n\n(a) a determination by VCAT under section 77(4)(g) or (h) or 77(5)(e) or (f) of the **Health Professions Registration Act 2005** as in force immediately before its repeal; or\n\n(b) a determination under section 196(2)(d) or (e) or 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or another responsible tribunal within the meaning of that Law; or\n\n(ba) a finding of reportable conduct made under a corresponding reportable conduct law by a corresponding reportable conduct regulator or another entity responsible for investigating reportable allegations under that law; or\n\n(c) a finding of a prescribed kind made by or on behalf of, or referred to the Regulator by, a disciplinary or regulatory entity;\n\nS. 3(1) def. of *relevant offence* inserted by No. 33/2025 s. 3, amended by No. 58/2025 s. 125(Sch. 2 item 1.1(h)).\n\n***relevant offence*** means—\n\n(a) in relation to an applicant for a WWC check or a person who holds a WWC clearance—\n\n(i) a WWC category A offence or a WWC category B offence; or\n\n(ii) any other offence of a type of which the Regulator has requested to be notified by the Chief Commissioner of Police for the purposes of WWC clearances; and\n\n(b) in relation to an applicant for an NDIS check or a person who holds an NDIS clearance—\n\n(i) an NDIS category A offence or an NDIS category B offence; or\n\n(ii) any other offence of a type of which the Regulator has requested to be notified by the Chief Commissioner of Police for the purposes of NDIS clearances;\n\n***risk assessed role*** has the same meaning as it has in the NDIS Worker Screening Rules;\n\n***screening check*** means—\n\n(a) an NDIS check; or\n\n(b) a WWC check;\n\nS. 3(1) def. of *Secretary* repealed by No. 58/2025 s. 125(Sch. 2 item 1.2).\n\n***supervision order*** means a supervision order within the meaning of the **Serious Offenders Act 2018** or an interim supervision order under that Act;\n\n***Victorian Disability Worker Commission*** means the Victorian Disability Worker Commission established under section 21 of the **Disability Service Safeguards Act 2018**;\n\n***Victorian Disability Worker Commissioner*** means the Victorian Disability Worker Commissioner appointed under section 26 of the **Disability Service Safeguards Act 2018**;\n\n***vulnerable person***, in relation to an NDIS check*,* means an adult, who as a result of age, illness or disability is unable to take care of themselves or protect themselves from harm;\n\n***work***, in relation to child-related work,  means—\n\n(a) work engaged in—\n\n(i) under a contract of employment or a contract for services (whether written or unwritten); or\n\n(ii) as a minister of religion or as part of the duties of a religious vocation; or\n\n(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or\n\n(b) practical training undertaken as part of an educational or vocational course other than under an arrangement or agreement under Part 5.4 of the **Education and Training Reform Act 2006**; or\n\n(c) work engaged in as a volunteer, including engaging in unpaid community work under a community or treatment order—\n\nbut does not include unpaid work engaged in for a private or domestic purpose;\n\nS. 3(1) def. of *working with children screening unit* amended by No. 58/2025 s. 125(Sch. 2 item 1.1(i)).\n\n***working with children screening unit*** means an entity that has functions or powers under a corresponding working with children law that correspond with the functions or powers of the Regulator under this Act in relation to screening of persons who are to be employed or engaged in child-related work;\n\n***WWC category A offence*** means an offence specified in Schedule 2;\n\n***WWC category B offence*** means an offence specified in Schedule 4;\n\n***WWC check*** means the process under Chapter 3 for assessing or re‑assessing whether a person may engage in child-related work;\n\n***WWC clearance*** means a WWC clearance given to a person under section 68(1) or Part 4.3;\n\n***WWC exclusion*** means an exclusion given to a person under section 68(2), 89, 90, 91 or Part 4.3.\n\n(2) For the purposes of this Act, a person is ***listed with an agency*** if the person has entered into an agreement with the agency for the agency to procure for that person child-related work, whether or not the agreement extends to any other kind of work.\n\n(3) For the purposes of this Act, a person does not cease to be a volunteer merely because the person has all or any of the person's out-of-pocket expenses reimbursed.\n\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of finding of guilt","content":"\t4 Meaning of finding of guilt\n\n(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—\n\n(a) a court making a formal finding of guilt in relation to the offence;\n\n(b) a court accepting a plea of guilty from the person in relation to the offence;\n\n(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;\n\n(d) a finding in relation to the offence under section 17(1)(b) or (c) or 38X(1)(b) or (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;\n\n(e) a verdict of not guilty on account of insanity before the day on which Schedule 3 to the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** came into operation in relation to the offence returned under—\n\n(i) section 420 of the **Crimes Act 1958** (as then in force); or\n\n(ii) an equivalent provision of the laws of a jurisdiction other than Victoria.\n\n(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.\n\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of charged with an offence","content":"\t5 Meaning of charged with an offence\n\nFor the purposes of this Act, a person is taken to have been charged with an offence if—\n\n(a) an indictment has been filed for the offence; or\n\n(b) a charge-sheet charging the offence has been filed against the person, whether or not one of the following has been issued or served—\n\n(i) a summons to answer to the charge;\n\n(ii) a warrant to arrest the person.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Pending charges","content":"\t6 Pending charges\n\n(1) For the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with, including in any of the following ways—\n\n(a) the charge is withdrawn or the person dies without the charge having been determined;\n\n(b) the charge is dismissed by a court;\n\nS. 6(1)(c) amended by No. 5/2025 s. 48.\n\n(c) the person is discharged by a court following a committal proceeding;\n\n(d) the person is acquitted or found guilty of the offence by a court;\n\n(e) the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the **Criminal Procedure Act 2009**;\n\n(f) the person is discharged by the Children's Court after completing a diversion program under section 356D of the **Children, Youth and Families Act 2005**.\n\n(2) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Child-related work","content":"\t7 Child-related work\n\n(1) Subject to subsection (2), in this Act, ***child-related work*** means work—\n\n(a) at or for a service, body or place, or that involves an activity, specified in subsection (3); and\n\n(b) that usually involves direct contact with a child.\n\n(2) For the purposes of this Act, work is not child‑related work by reason only of occasional direct contact with children that is incidental to the work.\n\n(3) For the purposes of subsection (1)(a), the following services, bodies, places or activities are specified—\n\n(a) child protection services;\n\n(b) children's services within the meaning of the **Children's Services Act 1996**;\n\n(c) education and care services within the meaning of the Education and Care Services National Law (Victoria);\n\n(d) educational institutions;\n\n(e) out of home care services, remand centres, youth residential centres or youth justice centres within the meaning of the **Children, Youth and Families Act 2005** or probation services under that Act;\n\n(f) refuges or other residential facilities used by children;\n\n(g) accommodation services specifically provided for students in connection with the operation of a student exchange program under Part 4.5A of the **Education and Training Reform Act 2006**, including the provision by a person of accommodation in the person's home;\n\n(h) paediatric wards of public hospitals within the meaning of the **Health Services Act 1988** or of denominational or private hospitals within the meaning of that Act;\n\n(i) clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;\n\n(j) religious organisations;\n\n(k) baby sitting or child minding services arranged by a commercial agency;\n\n(l) fostering children;\n\n(m) providing, on a publicly-funded or commercial basis, a transport service specifically for children;\n\n(n) coaching or tuition services of any kind specifically for children;\n\n(o) counselling or other support services for children;\n\n(p) overnight camps for children regardless of the type of accommodation or of how many children are involved;\n\n(q) school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;\n\n(r) providing, on a commercial basis and not merely incidentally to or in support of other business activities—\n\n(i) entertainment or party services specifically for children; or\n\n(ii) gym or play facilities specifically for children; or\n\n(iii) photography services specifically for children; or\n\n(iv) talent or beauty competitions for children;\n\n(s) providing, on a publicly-funded or commercial basis, an in home care service for children.\n\n(4) Subject to subsection (5) but despite any other provision of this section, for the purposes of this Act, work engaged in as a minister of religion is child-related work unless any direct contact with children during the work engaged in as a minister of religion is only occasional direct contact that is incidental to that work.\n\n(5) Despite any other provision of this section, if a minister of religion is the appointed leader of a local religious congregation in an organised religious institution and the congregation contains any children, work engaged in as a minister of religion is child-related work.\n\n(6) Despite any other provision of this section, a person is engaged in child-related work if—\n\n(a) the person is a family member or other person of significance to a child other than a parent; and\n\n(b) the child is placed in the out of home care of that person under the **Children, Youth and Families Act 2005**.\n\n(7) For the purposes of this Act, a person is engaged in child-related work if the person is employed under Part 3 of the **Public Administration Act 2004** in the administration of this Act.\n\n(8) For the purposes of this Act, a person is not engaged in child-related work merely because the person—\n\n(a) is participating in an activity with a child on the same basis as the child; or\n\n**Example**\n\nAn adult playing in a cricket team whether on a professional or amateur basis alongside a child is not engaging in child-related work.\n\n(b) is supervising a child undertaking practical training as part of an arrangement or agreement under Part 5.4 of the **Education and Training Reform Act 2006**.\n\n(9) In this section—\n\n***out of home care*** means care of a child by a person other than a parent of the child.\n\nSection 19A of the **Child Employment Act 2003** extends the application of this Act to the supervision of a child in employment that requires a permit under that Act as if the supervision were child-related work under this Act.\n\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Act to bind the Crown","content":"\t8 Act to bind the Crown\n\n(1) This Act binds the Crown—\n\n(a) in right of the State of Victoria; and\n\n(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.\n\n(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the Regulations.\n\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"References to Parts","content":"\t9 References to Parts\n\nUnless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number of this Act.\n\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"2—Paramount considerations","content":"Part 1.2—Paramount considerations\n\nS. 10 amended by No. 58/2025 s. 125(Sch. 2 item 1.3).\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Paramount consideration—NDIS clearances and checks","content":"\t10 Paramount consideration—NDIS clearances and checks\n\nWhen the Regulator or VCAT makes a decision or takes an action under this Act in relation to an applicant for an NDIS check or a holder of an NDIS clearance*,* the health, safety and well-being of persons with a disability and in particular, the protection of persons with a disability from abuse, violence, neglect and exploitation must be the paramount consideration.\n\nS. 11 amended by No. 58/2025 s. 125(Sch. 2 item 1.4).\n\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Paramount consideration—WWC clearances and checks","content":"\t11 Paramount consideration—WWC clearances and checks\n\nWhen the Regulator or VCAT makes a decision or takes an action under this Act in relation to an applicant for a WWC check or the holder of a WWC clearance, the protection of children from sexual or physical harm must be the paramount consideration.\n\nPart 1.3—General provisions relating to applications for screening checks\n\nS. 12 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.5).\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Regulator must approve identifying information to accompany application for screening check","content":"\t12 Regulator must approve identifying information to accompany application for screening check\n\nS. 12(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.6).\n\n(1) The Regulator must approve the identifying information that is to accompany an application for a screening check.\n\nS. 12(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.7).\n\n(2) The Regulator may approve any kind of identifying information.\n\nS. 12(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.8).\n\n(3) The Regulator must publish a description of the approved identifying information on a website maintained by the Regulator.\n\nS. 13 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.9).\n\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Regulator must approve application form for screening check","content":"\t13 Regulator must approve application form for screening check\n\nS. 13(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.10).\n\n(1) The Regulator must approve the form in which an application for a screening check is to be made.\n\n(2) Without limiting section 15 or 54, an approved application form must include the following particulars—\n\n(a) the full name of the applicant and any other names by which the applicant is or has been known;\n\n(b) the date and place of birth of the applicant;\n\n(c) the gender of the applicant;\n\n(d) the residential address and telephone number of the applicant;\n\nS. 13(2)(e) amended by No. 58/2025 s. 125(Sch. 2 item 1.11).\n\n(e) any other information relating to the applicant that the Regulator reasonably believes is appropriate.\n\nS. 13(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.12).\n\n(3) The Regulator must publish a copy of an application form approved under this section on a website maintained by the Regulator.\n\nChapter 2—NDIS worker screening\n\nPart 2.1—Applications for NDIS checks\n\nDivision 1—Making an application for an NDIS check\n\n\t14 Who may apply for an NDIS check\n\nS. 14(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.13).\n\n(1) A person may apply to the Regulator for an NDIS check to be carried out on the person and an NDIS clearance to be given on completion of that check if the person—\n\n(a) ordinarily resides or works in Victoria; and\n\n(b) has been or will be employed or engaged in a risk assessed role.\n\nS. 14(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.13).\n\n(2) Despite subsection (1)(a), the Regulator may consider an application for an NDIS check made by a person who does not ordinarily reside or work in Victoria if the person intends to work in Victoria in a risk assessed role.\n\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"How to apply for an NDIS check","content":"\t15 How to apply for an NDIS check\n\n(1) An application for an NDIS check must—\n\n(a) be in the approved application form for an NDIS check; and\n\n(b) subject to subsection (3), be signed by the applicant; and\n\n(c) be accompanied by the approved identifying information; and\n\n(d) include the authorisations and consents referred to in subsection (2); and\n\n(e) be accompanied by the prescribed application fee; and\n\n(f) include any prescribed information.\n\n(2) An applicant for an NDIS check must—\n\n(a) authorise the conduct of a police record check on the applicant in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and\n\n(b) consent to enquiries being made about the applicant to any authorised entity or any disciplinary or regulatory entity in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and\n\n(c) authorise the disclosure of any relevant information by an authorised entity or a disciplinary or regulatory entity for the purposes of the enquiries described in paragraph (b); and\n\nS. 15(2)(d) amended by No. 58/2025 s. 125(Sch. 2 item 1.14).\n\n(d) consent to enquiries being made about the applicant in connection with the consideration of the application to the Secretary to the Department of Families, Fairness and Housing in relation to whether the applicant has been assessed as posing an unacceptable risk to persons with a disability or NDIS participants; and\n\n(e) authorise the disclosure of the outcome of the application to the NDIS Commission.\n\nS. 15(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.15).\n\n(3) The Regulator must enable reasonable modifications to be made in relation to the requirement set out in subsection (1)(b) if the applicant has a disability that prevents the applicant signing an application.\n\nS. 15(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.15).\n\n(4) Despite subsection (1)(c), the Regulator may consider an application that does not include all the approved identifying information.\n\nS. 15(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.16).\n\n(5) If the Regulator receives an application that does not include all the information required by this section, the Regulator may require the applicant to provide the information, in the manner required by the Regulator, within 28 days or any longer period determined by the Regulator.\n\nS. 15(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.17).\n\n(6) If an applicant has included approved identifying information for a previous application for an NDIS check completed within 5 years and 3 months before the current application, the Regulator may exempt the applicant from the requirement to provide approved identifying information under subsection (1)(c).\n\nS. 16 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.18).\n\nS. 16 amended by No. 58/2025 s. 125(Sch. 2 item 1.19).\n\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Regulator may refuse to consider application for NDIS check","content":"\t16 Regulator may refuse to consider application for NDIS check\n\nIf a person who has applied for an NDIS check makes a further application for another NDIS check, the Regulator may refuse to consider the first application for the NDIS check and that first application is to be treated as being withdrawn on the date of receipt of the further application.\n\nS. 17 amended by Nos 20/2025 s. 14, 58/2025 s. 125(Sch. 2 item 1.20).\n\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Application for NDIS check by applicant who has previously been given an NDIS exclusion","content":"\t17 Application for NDIS check by applicant who has previously been given an NDIS exclusion\n\nIf a person who has been given an NDIS exclusion applies for an NDIS check within 5 years after being given the NDIS exclusion, the Regulator must not consider the application further unless the Regulator has been notified in writing that there has been a relevant change in circumstances within the meaning of section 37 relating to the giving of the exclusion.\n\n","sortOrder":15},{"sectionNumber":"Div 2","sectionType":"division","heading":"Consideration of applications for NDIS checks","content":"Division 2—Consideration of applications for NDIS checks\n\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Consideration of application for NDIS check","content":"\t18 Consideration of application for NDIS check\n\nS. 18(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.21).\n\n(1) The Regulator must—\n\n(a) arrange for a police record check to be conducted on an applicant for an NDIS check; and\n\n(b) arrange for a check of the NDIS worker screening database to be conducted in relation to the applicant.\n\nS. 18(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).\n\n(2) In considering an application for an NDIS check, the Regulator may—\n\nS. 18(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).\n\n(a) have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and\n\nS. 18(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).\n\n(b) make any other enquiries to, or seek information on the application from, any person or source that the Regulator thinks fit, including but not limited to—\n\n(i) the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**; and\n\n(ii) any authorised entity; and\n\n(iii) the Disability Worker Registration Board; and\n\n(iv) the Victorian Disability Worker Commission; and\n\n(v) the Victorian Disability Worker Commissioner.\n\nS. 18(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).\n\n(3) The Regulator may require the applicant to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.\n\nS. 18(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(b)).\n\n(4) Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—\n\n(a) a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and\n\nS. 18(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(b)).\n\n(b) notice of the result of that check has been provided to the Regulator in accordance with the regulations.\n\nS. 19 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.23).\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Regulator must make enquiries of Secretary to the Department of Families, Fairness and Housing","content":"\t19 Regulator must make enquiries of Secretary to the Department of Families, Fairness and Housing\n\nS. 19(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.24(a)).\n\n(1) In considering an application for an NDIS check, the Regulator must—\n\nS. 19(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.24).\n\n(a) check information held by the Regulator as to whether the applicant was assessed by the Secretary to the Department of Families, Fairness and Housing as posing an unacceptable risk to persons with a disability or NDIS participants; and\n\nS. 19(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.24(b)).\n\n(b) if the applicant was so assessed, request the Secretary to the Department of Families, Fairness and Housing provide information relating to that assessment held by the Secretary to the Department of Families, Fairness and Housing.\n\nS. 19(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.24(b)).\n\n(2) The Secretary to the Department of Families, Fairness and Housing must provide information requested under subsection (1)(b).\n\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Applicant for NDIS check must be verified by NDIS Commission","content":"\t20 Applicant for NDIS check must be verified by NDIS Commission\n\nS. 20(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.25).\n\n(1) The Regulator must not consider an application for an NDIS check unless the NDIS Commission verifies that the applicant has been or will be employed or engaged in a risk assessed role, and notifies the Regulator.\n\nS. 20(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.26).\n\n(2) If the NDIS Commission does not provide a notification under subsection (1), the Regulator must not consider the application further and must treat the application as withdrawn*.*\n\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Applicant may withdraw application for NDIS check with permission","content":"\t21 Applicant may withdraw application for NDIS check with permission\n\nS. 21(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.27).\n\n(1) An applicant for an NDIS check may request, in writing, that the Regulator permit the applicant to withdraw the application.\n\n(2) A request under subsection (1) may be made at any time before the first of the following occurs—\n\nS. 21(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.28).\n\n(a) the Regulator gives the applicant an interim NDIS exclusion under section 29(1)(b);\n\nS. 21(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.28).\n\n(b) the Regulator finally decides the application.\n\nS. 21(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.29).\n\n(3) In deciding whether to allow the application to be withdrawn, the Regulator may make enquiries about the applicant to any of the following—\n\n(a) the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**;\n\n(b) any authorised entity;\n\n(c) the Disability Worker Registration Board;\n\n(d) the Victorian Disability Worker Commission;\n\n(e) the Victorian Disability Worker Commissioner;\n\n(f) any disciplinary or regulatory entity.\n\nS. 22 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.30).\n\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Regulator must treat application for NDIS check as withdrawn if applicant fails to provide information","content":"\t22 Regulator must treat application for NDIS check as withdrawn if applicant fails to provide information\n\nS. 22(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.31).\n\n(1) The Regulator must treat an application for an NDIS check as having been withdrawn if the applicant does not provide any information required under section 15(5) or 18(3) within the period required under that section.\n\nS. 22(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.31).\n\n(2) Despite an application being treated as withdrawn under this section, the Regulator may, if the information referred to in subsection (1) is provided, reinstate the application as if it were an application under section 15.\n\n","sortOrder":21},{"sectionNumber":"Div 3","sectionType":"division","heading":"Determination of applications for NDIS checks","content":"Division 3—Determination of applications for NDIS checks\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"NDIS category A applications","content":"\t23 NDIS category A applications\n\n(1) An application for an NDIS check is an NDIS category A application if it is in respect of a person—\n\nS. 23(1)(a) amended by No. 28/2025 s. 43.\n\n(a) who is subject to reporting obligations imposed by the **Sex Offenders Registration Act 2004**; or\n\n(b) who is subject to a supervision order, a detention order or an emergency detention order; or\n\n(c) who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 1 to 58 of Schedule 1 if the conduct constituting that offence occurred when the person was an adult; or\n\n(d) subject to section 25(2), who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if the conduct constituting the offence occurred when the person was an adult.\n\n(2) For the purposes of this section, if the conduct constituting an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 24 amended by No. 58/2025 s. 125(Sch. 2 item 1.32).\n\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Determination of NDIS category A application","content":"\t24 Determination of NDIS category A application\n\nThe Regulator must refuse to give an NDIS clearance on an NDIS category A application.\n\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"NDIS category B applications","content":"\t25 NDIS category B applications\n\n(1) An application for an NDIS check is an NDIS category B application if it is in respect of a person—\n\n(a) who is charged with an NDIS category A offence, if the conduct alleged to constitute that offence occurred when the person was an adult; or\n\n(b) who is charged with or has at any time been convicted or found guilty of an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was an adult.\n\n(2) An application for an NDIS check is an NDIS category B application if it is in respect of a person who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if—\n\n(a) the conduct constituting that offence occurred when the person was an adult; and\n\n(b) the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and\n\n(c) the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and\n\n(d) the commission of the offence did not involve violence or coercion.\n\n(3) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 26 amended by No. 58/2025 s. 125(Sch. 2 item 1.33).\n\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Determination of NDIS category B application","content":"\t26 Determination of NDIS category B application\n\nThe Regulator must refuse to give an NDIS clearance on an NDIS category B application, unless satisfied that there are exceptional circumstances having regard to the following—\n\n(d) the applicant's relationship to the victim at the time the offence or alleged offence  was committed;\n\n(e) whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence  was committed;\n\n(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence;\n\n(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.\n\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"NDIS category C applications","content":"\t27 NDIS category C applications\n\n(1) An application for an NDIS check is an NDIS category C application if it is in respect of a person—\n\n(a) who is charged with or has at any time been convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or\n\n(b) who is charged with or has at any time been convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or\n\n(c) who has at any time been charged with an NDIS category A offence or an NDIS category B offence if the charge has been finally dealt with other than by way of conviction or finding of guilt; or\n\n(d) who has at any time been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or\n\n(e) who has at any time been subject to a relevant disciplinary or regulatory finding; or\n\nS. 27(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.34).\n\n(f) who has been assessed by the Secretary to the Department of Families, Fairness and Housing as posing an unacceptable risk to persons with a disability or NDIS participants; or\n\n(g) who has been the subject of any relevant civil penalty imposed under the NDIS Act; or\n\n(h) who, not more than 5 years before the application was made, was given a WWC exclusion on a WWC category C application or WWC category C re‑assessment.\n\n(2) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 28 amended by No. 58/2025 s. 125(Sch. 2 item 1.35).\n\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Determination of NDIS category C application","content":"\t28 Determination of NDIS category C application\n\nThe Regulator must give an NDIS clearance on an NDIS category C application if the Regulator is satisfied that the applicant does not pose an unacceptable risk of harm to persons with a disability, having regard to the following—\n\n(a) the nature, gravity and circumstances of the conduct;\n\n(b) the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;\n\n(c) the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;\n\n(d) the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;\n\n(e) whether the applicant had a position of authority in relation to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;\n\n(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;\n\n(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.\n\n","sortOrder":28},{"sectionNumber":"Div 4","sectionType":"division","heading":"Intention to give NDIS exclusion on application for NDIS check","content":"Division 4—Intention to give NDIS exclusion on application for NDIS check\n\nS. 29 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.36).\n\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Regulator to notify applicant for NDIS check of intention to exclude","content":"\t29 Regulator to notify applicant for NDIS check of intention to exclude\n\nS. 29(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).\n\n(1) If the Regulator is required to refuse or proposes to refuse to give an NDIS clearance under section 24, 26 or 28, the Regulator must before finally deciding the application—\n\n(a) give a written notice to the applicant that—\n\n(i) informs the applicant of the proposal or requirement; and\n\nS. 29(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).\n\n(ii) states the information about the applicant of which the Regulator is aware; and\n\nS. 29(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).\n\n(iii) invites the applicant to make a submission to the Regulator in writing or in another form approved by the Regulator within the timeframe specified in the notice; and\n\n(b) give an interim NDIS exclusion to the applicant.\n\nAn applicant who is given an interim NDIS exclusion on an application for a new NDIS check is not permitted to engage in work in a risk assessed role while that application is being determined—see sections 118 and 119.\n\n(a) in the case of an NDIS category A application, 14 days; or\n\n(b) in the case of an NDIS category B application or an NDIS category C application, 28 days.\n\nS. 29(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.38).\n\n(3) The Regulator may extend the period specified in a notice for an NDIS category A application if the applicant satisfies the Regulator that it is appropriate to allow the applicant further time to make a submission.\n\nS. 29(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.38).\n\n(4) Before finally deciding the application the Regulator must consider any submission made by the applicant in response to a notice under subsection (1) within the specified period, unless the applicant notifies the Regulator that the applicant does not want to make a submission.\n\n(5) Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—\n\nS. 30 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.39).\n\nS. 30 amended by No. 58/2025 s. 125(Sch. 2 item 1.40).\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Regulator must give NDIS exclusion to applicant who fails to make submission within timeframe","content":"\t30 Regulator must give NDIS exclusion to applicant who fails to make submission within timeframe\n\nThe Regulator must give an NDIS exclusion to an applicant for an NDIS check if, before the end of the period specified under section 29(2) or (3), the applicant—\n\n(a) does not make a submission in response to the notice under section 29(1); or\n\nS. 30(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.40).\n\n(b) notifies the Regulator that the applicant does not want to make a submission.\n\n","sortOrder":31},{"sectionNumber":"Div 5","sectionType":"division","heading":"Outcome of application for NDIS check","content":"Division 5—Outcome of application for NDIS check\n\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Outcome of application for NDIS check","content":"\t31 Outcome of application for NDIS check\n\nS. 31(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.41).\n\n(1) Subject to subsection (2), the Regulator must give an NDIS clearance on an application for an NDIS check.\n\nS. 31(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.41).\n\n(2) The Regulator must give an NDIS exclusion to an applicant for an NDIS check who is refused an NDIS clearance under section 24, 26 or 28.\n\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Notice to applicant for NDIS check of outcome of application","content":"\t32 Notice to applicant for NDIS check of outcome of application\n\nS. 32(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.42).\n\n(1) The Regulator must notify an applicant for an NDIS check in writing whether the applicant has been given an NDIS clearance or an NDIS exclusion.\n\nS. 32(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.42).\n\n(2) If the Regulator has given an NDIS exclusion to the applicant, the notice under subsection (1) must—\n\n(a) state the reasons for the decision to give the NDIS exclusion on the application; and\n\n(b) inform the applicant that the applicant may apply for internal review of the decision to give the NDIS exclusion and that, following internal review, the applicant may apply to VCAT.\n\n","sortOrder":34},{"sectionNumber":"Div 6","sectionType":"division","heading":"Duration of NDIS clearances","content":"Division 6—Duration of NDIS clearances\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Duration of NDIS clearance","content":"\t33 Duration of NDIS clearance\n\nAn NDIS clearance remains in force for 5 years beginning on the date on which the NDIS clearance was given unless it is sooner revoked under Division 5 of Part 2.4 or surrendered under Part 2.5.\n\n","sortOrder":36},{"sectionNumber":"Part 2","sectionType":"part","heading":"2—Change in circumstances of holder or applicant","content":"Part 2.2—Change in circumstances of holder or applicant\n\nS. 34 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.43).\n\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Holder of NDIS clearance or applicant for NDIS check must notify Regulator of relevant change in circumstances","content":"\t34 Holder of NDIS clearance or applicant for NDIS check must notify Regulator of relevant change in circumstances\n\nS. 34(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.44).\n\n(1) If a relevant change in circumstances occurs with respect to a person who holds an NDIS clearance or who has applied for an NDIS check and the application is still pending, that person must notify the Regulator in writing of the change within 7 days after becoming aware of the change.\n\n(2) For the purposes of subsection (1), each of the following is a relevant change in circumstances—\n\n(a) the person being charged with an NDIS category A offence or an NDIS category B offence;\n\n(b) the person being convicted or found guilty of an NDIS category A offence or an NDIS category B offence or the charge otherwise being finally dealt with;\n\nS. 34(2)(c) amended by No. 28/2025 s. 44.\n\n(c) the person becoming subject to reporting obligations imposed on the person by the **Sex Offenders Registration Act 2004**;\n\n(d) the person becoming subject to a supervision order, a detention order or an emergency detention order;\n\n(e) a relevant disciplinary or regulatory finding being made in relation to the person;\n\n(f) the person being given a WWC exclusion.\n\nS. 34(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).\n\n(3) It is a defence to a charge for an offence against subsection (1) constituted by not notifying the Regulator of how a charge for an offence was finally dealt with if—\n\nS. 34(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).\n\n(a) the accused notified the Regulator of the filing of the charge-sheet containing the charge in accordance with subsection (1); and\n\nS. 34(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).\n\n(b) the Regulator re‑assessed under Part 2.4 the accused's eligibility to hold an NDIS clearance; and\n\n(c) the accused's NDIS clearance was not revoked following the re‑assessment; and\n\n(d) the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.\n\nPart 2.3—Further applications for NDIS checks\n\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Time for application by holder of NDIS clearance or interstate NDIS clearance","content":"\t35 Time for application by holder of NDIS clearance or interstate NDIS clearance\n\nA person who holds an NDIS clearance or an interstate NDIS clearance may apply for the carrying out of an NDIS check and a new NDIS clearance at any time within 3 months before the expiry of the person's NDIS clearance or interstate NDIS clearance.\n\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Consideration of application for NDIS check made by holder of NDIS clearance","content":"\t36 Consideration of application for NDIS check made by holder of NDIS clearance\n\nS. 36(1)(a) amended by No. 20/2025 s. 15.\n\n(a) a person who holds an NDIS clearance applies in accordance with section 35 for the carrying out of an NDIS check; and\n\nS. 36(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.46).\n\n(b) the Regulator has not been notified of any relevant change in circumstances set out in section 34(2).\n\nS. 36(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.47).\n\n(2) The Regulator may consider the application without having regard to any offence or conduct that was considered by the Regulator in relation to the decision to give the current NDIS clearance.\n\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Restriction on right to make further application for an NDIS check—person given an NDIS exclusion","content":"\t37 Restriction on right to make further application for an NDIS check—person given an NDIS exclusion\n\n(1) A person who has been given an NDIS exclusion is not entitled to make a further application under section 15 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.\n\n(2) For the purposes of subsection (1) a relevant change in circumstances is—\n\n(a) a charge that was pending at the date of the NDIS exclusion being finally dealt with without the person being found guilty of the offence; or\n\n(b) a finding of guilt being quashed or set aside by a court after the date on which the NDIS exclusion was given; or\n\nS. 37(2)(c) amended by No. 28/2025 s. 45.\n\n(c) the person ceasing to be subject to reporting obligations imposed under the **Sex Offenders Registration Act 2004**; or\n\n(d) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or\n\n(e) a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the NDIS exclusion was given; or\n\n(f) the person's WWC exclusion being deemed void under section 77 or being set aside, rendered inoperative or otherwise invalidated.\n\n(3) If a person who has been given an NDIS exclusion is subsequently given an NDIS clearance under a further application made under section 15(1), the NDIS exclusion is deemed to be void and of no effect from the date the NDIS clearance is given.\n\nPart 2.4—Re‑assessment of eligibility to hold NDIS clearance\n\nDivision 1—Re‑assessment of eligibility to hold NDIS clearance\n\n\t38 Re‑assessment of eligibility to hold NDIS clearance\n\nS. 38(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).\n\n(1) The Regulator must re‑assess a person's eligibility to hold an NDIS clearance if—\n\n(a) notified by the person of a relevant change in circumstances under section 34; or\n\nS. 38(1)(b) amended by No. 58/2025 s. 75.\n\n(b) the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or\n\n(c) notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or\n\n(d) notified by a law enforcement agency of a charge or how a charge has been finally dealt with; or\n\n(e) notified by an NDIS worker screening unit of a charge or how a charge has been finally dealt with in another State or a Territory; or\n\nS. 38(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).\n\n(f) the Regulator becomes aware that the person has been given a WWC exclusion on a WWC category C application or a WWC category C re‑assessment.\n\nS. 38(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).\n\n(2) The Regulator is not required to re‑assess a person's eligibility to hold an NDIS clearance on being notified of a charge for an offence being finally dealt with if—\n\nS. 38(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).\n\n(a) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge; and\n\n(b) the clearance was not revoked following that re‑assessment.\n\nS. 38(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).\n\n(3) If the Regulator commences a re‑assessment of a person's eligibility to hold an NDIS clearance, and the clearance expires before the re‑assessment has been completed, the Regulator may complete the re‑assessment.\n\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Suspension powers on re‑assessment of NDIS clearance","content":"\t39 Suspension powers on re‑assessment of NDIS clearance\n\nS. 39(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.49).\n\n(1) Subject to subsection (2), the Regulator must suspend a person's NDIS clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Regulator becomes aware that—\n\nS. 39(1)(a) amended by No. 28/2025 s. 46.\n\n(a) the person has become subject to reporting obligations imposed under the **Sex Offenders Registration Act 2004**; or\n\n(c) the person has been charged with or been convicted or found guilty of an NDIS category A offence or an NDIS category B offence, where the conduct constituting or alleged to constitute the offence occurred when the person was an adult; or\n\n(d) a banning order has been made in respect of the person.\n\nS. 39(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).\n\n(2) The Regulator is not required to suspend a person's NDIS clearance pending the carrying out and completion of a re‑assessment of that person's eligibility to hold an NDIS clearance if—\n\nS. 39(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).\n\n(a) the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and\n\nS. 39(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).\n\n(b) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.\n\nS. 39(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.51).\n\n(3) If the person is being re‑assessed because the Regulator was notified that the person has been charged with an NDIS category A offence or an NDIS category B offence, the Regulator may reinstate that person's NDIS clearance if, after the suspension of the clearance—\n\n(4) If a person's NDIS clearance is suspended under this section, the person is taken to not hold an NDIS clearance for the period of the suspension.\n\nS. 39(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.52).\n\n(5) The Regulator must notify a person whose NDIS clearance is suspended under this section as soon as possible.\n\nDivision 2—Consideration of re‑assessment\n\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Consideration of re‑assessment—NDIS clearance","content":"\t40 Consideration of re‑assessment—NDIS clearance\n\nS. 40(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).\n\n(1) On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Regulator—\n\nS. 40(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).\n\n(a) may have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and\n\nS. 40(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).\n\n(b) may make any other enquiries to, or seek information on the re‑assessment from, any person or source that the Regulator thinks fit, including but not limited to—\n\n(i) the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**; and\n\n(ii) the Disability Worker Registration Board; and\n\n(iii) the Victorian Disability Worker Commission; and\n\n(iv) the Victorian Disability Worker Commissioner; and\n\n(v) any authorised entity; and\n\nS. 40(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).\n\n(c) may require the person to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.\n\nS. 40(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.54).\n\n(2) On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Regulator—\n\n(a) is not required to consider any matter other than the matter that has given rise to the re‑assessment; and\n\nS. 40(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.54).\n\n(b) may have regard to any offence or conduct that was considered by the Regulator in relation to the granting of the NDIS clearance.\n\nDivision 3—Determination of re‑assessments\n\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"NDIS category A re‑assessments","content":"\t41 NDIS category A re‑assessments\n\nS. 41(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.55).\n\n(1) A re‑assessment is an NDIS category A re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold an NDIS clearance because the Regulator is notified that—\n\nS. 41(1)(a) amended by No. 28/2025 s. 47.\n\n(a) the person has become subject to reporting obligations imposed by the **Sex Offenders Registration Act 2004**; or\n\n(c) the person has been convicted or found guilty of an NDIS category A offence specified in clauses 1 to 58 of Schedule 1 if the conduct constituting that offence occurred when the person was an adult; or\n\n(d) subject to section 43(2), the person has been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if the conduct constituting that offence occurred when the person was an adult.\n\n(2) For the purposes of this section, if the conduct constituting an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 42 amended by No. 58/2025 s. 125(Sch. 2 item 1.56).\n\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Determination of NDIS category A re‑assessment","content":"\t42 Determination of NDIS category A re‑assessment\n\nThe Regulator must revoke the person's NDIS clearance on an NDIS category A re‑assessment.\n\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"NDIS category B re‑assessments","content":"\t43 NDIS category B re‑assessments\n\nS. 43(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.57).\n\n(1) A re‑assessment is an NDIS category B re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold an NDIS clearance because the Regulator is notified that—\n\n(a) the person has been charged with an NDIS category A offence if the conduct alleged to constitute that offence occurred when the person was an adult; or\n\n(b) the person has been charged with, convicted or found guilty of an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was an adult.\n\nS. 43(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.57).\n\n(2) A re‑assessment is an NDIS category B re‑assessment if the Regulator is required to re‑assess the person's eligibility to hold an NDIS clearance because the Regulator is notified the person has been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 and—\n\n(a) the conduct constituting that offence occurred when the person was an adult; and\n\n(b) the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and\n\n(c) the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and\n\n(d) the commission of the offence did not involve violence or coercion.\n\n(3) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 44 amended by No. 58/2025 s. 125(Sch. 2 item 1.58).\n\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Determination of NDIS category B re‑assessment","content":"\t44 Determination of NDIS category B re‑assessment\n\nThe Regulator must revoke an NDIS clearance on an NDIS category B re‑assessment, unless satisfied that there are exceptional circumstances having regard to the following—\n\n(d) the person's relationship to the victim at the time the offence or alleged offence  was committed;\n\n(e) whether the person had a position of authority in relation to the victim at the time the offence or alleged offence  was committed;\n\n(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the person's behaviour since the person committed, or allegedly committed, the offence;\n\n(h) all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.\n\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"NDIS category C re‑assessments","content":"\t45 NDIS category C re‑assessments\n\nS. 45(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).\n\n(1) A re‑assessment is an NDIS category C re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold an NDIS clearance because the Regulator is notified that—\n\n(a) the person has been charged with, convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or\n\n(b) the person has been charged with, convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or\n\n(c) the person has been charged with an NDIS category A offence or an NDIS category B offence and the charge has been finally dealt with other than by way of conviction or a finding of guilt; or\n\n(d) the person has been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or\n\n(e) the person has become subject to a relevant disciplinary or regulatory finding; or\n\n(f) the person has become subject to any relevant civil penalty imposed under the NDIS Act.\n\nS. 45(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).\n\n(2) A re‑assessment is an NDIS category C re‑assessment if the Regulator is required to re‑assess the person's eligibility to hold an NDIS clearance because the Regulator becomes aware that the person has been given a WWC exclusion on a WWC category C application or a WWC category C re‑assessment.\n\n(3) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 46 amended by No. 58/2025 s. 125(Sch. 2 item 1.60).\n\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Determination of NDIS category C re‑assessment","content":"\t46 Determination of NDIS category C re‑assessment\n\nThe Regulator must not revoke an NDIS clearance on an NDIS category C re‑assessment unless satisfied that the person poses an unacceptable risk of harm to persons with a disability, having regard to the  following—\n\n(a) the nature, gravity and circumstances of the conduct*;*\n\n(b) the period of time that has passed since the person engaged, or allegedly engaged, in the conduct;\n\n(c) the vulnerability of the victim at the time the person engaged, or allegedly engaged, in the conduct;\n\n(d) the person's relationship to the victim at the time the person engaged, or allegedly engaged, in the conduct;\n\n(e) whether the person had a position of authority in relation to the victim at the time the person engaged, or allegedly engaged, in the conduct;\n\n(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the person's behaviour since the person engaged, or allegedly engaged, in the conduct;\n\n(h) all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.\n\nDivision 4—Intention to revoke NDIS clearance\n\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Submission sought from holder before determining to revoke NDIS clearance","content":"\t47 Submission sought from holder before determining to revoke NDIS clearance\n\nS. 47(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.61).\n\n(1) If the Regulator proposes or is required under section 42, 44 or 46 to revoke a person's NDIS clearance, the Regulator must, before finally deciding the re‑assessment—\n\n(a) give a written notice to the person that—\n\n(i) informs the person of the proposal or requirement; and\n\nS. 47(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.61).\n\n(ii) states the information about the person of which the Regulator is aware; and\n\nS. 47(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.61).\n\n(iii) invites the person to make a submission to the Regulator in writing or in another form approved by the Regulator within the timeframe specified in the notice; and\n\n(b) give an interim NDIS exclusion to the person.\n\n(a) in the case of an NDIS category A re‑assessment, 14 days; and\n\n(b) in the case of an NDIS category B re‑assessment or an NDIS category C re‑assessment, 28 days.\n\nS. 47(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.62).\n\n(3) The Regulator may extend the period specified in a notice for an NDIS category A re‑assessment if the person satisfies the Regulator that it is appropriate to allow the person further time to make a submission.\n\nS. 47(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.62).\n\n(4) Before finally determining whether to revoke the person's NDIS clearance, the Regulator must consider any submission made by the person in response to a notice under subsection (1) within the specified period, unless the person notifies the Regulator that the person does not want to make a submission.\n\n(5) Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—\n\nS. 47(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.62).\n\n(6) If the Regulator—\n\n(a) gives the person who holds the NDIS clearance an interim NDIS exclusion under subsection (1)(b); and\n\n(b) finally determines not to revoke that NDIS clearance—\n\nthe Regulator must give notice in writing to the person of the determination not to revoke the NDIS clearance.\n\nS. 48 amended by No. 58/2025 s. 125(Sch. 2 item 1.63).\n\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Person given interim NDIS exclusion on re‑assessment taken not to hold an NDIS clearance","content":"\t48 Person given interim NDIS exclusion on re‑assessment taken not to hold an NDIS clearance\n\nA person who is given an interim NDIS exclusion under section 47(1)(b) is taken to not hold an NDIS clearance until the Regulator finally determines the re‑assessment, unless the Regulator earlier revokes the person's NDIS clearance under section 50.\n\nDivision 5—Revocation of NDIS clearance\n\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Revocation of NDIS clearance on failure to provide information during re‑assessment","content":"\t49 Revocation of NDIS clearance on failure to provide information during re‑assessment\n\nS. 49(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.64).\n\n(1) If a person being re‑assessed under section 38 fails to provide information to the Regulator in accordance with section 40(1)(c), the Regulator must revoke the person's NDIS clearance in accordance with this section.\n\nS. 49(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.64).\n\n(2) If the Regulator is required to revoke a person's NDIS clearance under subsection (1), the Regulator must give the person an NDIS exclusion.\n\nS. 49(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.65).\n\n(3) The Regulator must notify the person referred to in subsection (1) of the Regulator's intention to revoke the person's NDIS clearance at least 7 days before the Regulator revokes the clearance.\n\nS. 49(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.66).\n\n(4) As soon as possible after revoking a person's NDIS clearance under subsection (1), the Regulator must notify the person of the revocation and giving of the NDIS exclusion.\n\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Revocation of NDIS clearance on failure to respond to notice","content":"\t50 Revocation of NDIS clearance on failure to respond to notice\n\nS. 50(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.67).\n\n(1) The Regulator must revoke an NDIS clearance if the person who holds that NDIS clearance does not make a submission in response to a notice given to the person under section 47(1) within the period specified under section 47(2) or 47(3) unless the person notifies the Regulator that the person does not want to make a submission.\n\nS. 50(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.67).\n\n(2) If the Regulator revokes a person's NDIS clearance under subsection (1), the Regulator must give the person an NDIS exclusion.\n\nS. 50(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.68).\n\n(3) The Regulator must notify the person whose NDIS clearance has been revoked under subsection (1) as soon as possible after the revocation of the clearance.\n\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Revocation of NDIS clearance after completing re‑assessment","content":"\t51 Revocation of NDIS clearance after completing re‑assessment\n\nS. 51(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.69).\n\n(1) If the Regulator revokes a person's NDIS clearance under section 42, 44 or 46, the Regulator must give the person an NDIS exclusion.\n\nS. 51(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.69).\n\n(2) If the Regulator revokes a person's NDIS clearance, the Regulator must give the person a written notice that—\n\n(a) states the reasons for revoking the person's NDIS clearance; and\n\n(b) informs the person that the person has been given an NDIS exclusion; and\n\n\t(c) informs the person that the person may apply for internal review of the decision to revoke the clearance and that, following internal review, the person may apply to VCAT.\n\nPart 2.5—Surrender of NDIS clearance\n\nS. 52 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.70).\n\nS. 52 amended by No. 58/2025 s. 125(Sch. 2 item 1.71).\n\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Holder of NDIS clearance may surrender clearance with approval of Regulator","content":"\t52 Holder of NDIS clearance may surrender clearance with approval of Regulator\n\nOn request of a person who holds an NDIS clearance, the Regulator may permit the person to surrender that clearance unless the person is subject to a re‑assessment of the person's eligibility to hold an NDIS clearance at the time that the request is made.\n\nChapter 3—WWC worker screening\n\nPart 3.1—Applications for WWC checks\n\nDivision 1—Making an application for a WWC check\n\nS. 53 amended by No. 58/2025 s. 125(Sch. 2 item 1.72).\n\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Who may apply for a WWC check","content":"\t53 Who may apply for a WWC check\n\nA person may apply to the Regulator for a WWC check to be carried out on the person and a WWC clearance to be given on completion of that check.\n\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"How to apply for a WWC check","content":"\t54 How to apply for a WWC check\n\n(1) An application for a WWC check must—\n\n(a) be in the approved application form for a WWC check; and\n\n(b) subject to subsection (3), be signed by the applicant; and\n\n(c) be accompanied by the approved identifying information; and\n\n(d) include the authorisations and consents referred to in subsection (2); and\n\n(e) unless the applicant holds an NDIS clearance, be accompanied by the prescribed application fee; and\n\n(f) include any prescribed information; and\n\n(g) state whether the child-related work in which the applicant is engaged or intends to engage is for profit or gain; and\n\n(h) contain the name, address and telephone number of each person with whom the applicant is engaged in child-related work.\n\n(2) An applicant for a WWC check must—\n\n(a) authorise the conduct of a police record check on the applicant in connection with the consideration of the application and, if a WWC clearance is given, from time to time while that clearance remains in force; and\n\n(b) consent to enquiries being made about the applicant to the ACC or any disciplinary or regulatory entity in connection with the consideration of the application and, if a WWC clearance is given, from time to time while that clearance remains in force; and\n\n(c) authorise the disclosure of any relevant information by any disciplinary or regulatory entity for the purposes of the enquiries described in paragraph (b).\n\nS. 54(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.73).\n\n(3) The Regulator must enable reasonable modifications to be made in relation to the requirement set out in subsection (1)(b) if the applicant has a disability that prevents the applicant signing an application.\n\nS. 54(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.73).\n\n(4) Despite subsection (1)(c), the Regulator may consider an application that does not include all the approved identifying information.\n\nS. 54(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.74).\n\n(5) If the Regulator receives an application that does not include all the information required by this section, the Regulator may require the applicant to provide the information in the manner required by the Regulator within 28 days or any longer period determined by the Regulator.\n\nS. 54(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.75).\n\n(6) If an applicant has included approved identifying information for a previous application for a WWC check completed within 5 years and 3 months before the current application, the Regulator may exempt the applicant from the requirement to provide approved identifying information under subsection (1)(c).\n\n(7) If an application for a WWC check specifies that the applicant is engaged or intends to engage in child-related work described in section 7(6), that application is taken not to specify an intention to engage in child-related work for profit or gain.\n\nS. 55 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.76).\n\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Regulator may refuse to consider application for WWC check","content":"\t55 Regulator may refuse to consider application for WWC check\n\nS. 55(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.77).\n\n(1) If a person who has applied for a WWC check makes a further application for another WWC check, the Regulator may refuse to consider the first application for the WWC check and that first application is to be treated as being withdrawn on the date of receipt of the further application.\n\nS. 55(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.78).\n\n(2) If a person who holds a current WWC clearance applies for another WWC check, the Regulator may refuse to consider the application for the further WWC check until the holder surrenders to the Regulator any current WWC clearance document that was given to the applicant in respect of the first WWC clearance.\n\nS. 56 amended by No. 58/2025 s. 125(Sch. 2 item 1.79).\n\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Application for WWC check by applicant who has previously been given a WWC exclusion","content":"\t56 Application for WWC check by applicant who has previously been given a WWC exclusion\n\nIf a person who has been given a WWC exclusion applies for a WWC check, the Regulator must not consider the application further unless the Regulator has been notified in writing that there has been a relevant change in circumstances within the meaning of section 77 relating to the giving of the exclusion.\n\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Application for WWC check by exempt applicant","content":"\t57 Application for WWC check by exempt applicant\n\nS. 57(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.80).\n\n(1) The Regulator may consider an application for a WWC check even though the applicant is exempt under this or any other Act from a WWC check.\n\nS. 57(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.80).\n\n(2) Nothing in subsection (1) requires the Regulator to consider an application for a WWC check from an applicant who is exempt under this or any other Act from a WWC check.\n\nS. 57(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.80).\n\n(3) If the Regulator refuses to consider an application on the basis that the person applying is exempt from the requirement to have a WWC check under this or any other Act, the application is to be treated as having been withdrawn.\n\nDivision 2—Consideration of applications for WWC checks\n\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Consideration of application for WWC check","content":"\t58 Consideration of application for WWC check\n\nS. 58(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.81).\n\n(1) The Regulator must arrange for a police record check to be conducted on an applicant for a WWC check.\n\nS. 58(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).\n\n(2) In considering an application for a WWC check, the Regulator may—\n\nS. 58(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).\n\n(a) have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and\n\nS. 58(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).\n\n(b) make any other enquiries to, or seek information on the application from, any person or source that the Regulator thinks fit, including but not limited to the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**.\n\nS. 58(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.83).\n\n(3) The Regulator may require the applicant to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.\n\nS. 58(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.84).\n\n(4) Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—\n\n(a) a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and\n\nS. 58(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.84).\n\n(b) notice of the result of that check has been provided to the Regulator in accordance with the regulations.\n\nS. 58(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.85).\n\n(5) In considering an application for a WWC check, the Regulator must make enquiries of the ACC in relation to any decision made in another State or a Territory in relation to an application made by or a clearance (however described) granted to the applicant under a corresponding working with children law.\n\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Withdrawal of application for WWC check","content":"\t59 Withdrawal of application for WWC check\n\n(1) An applicant for a WWC check may withdraw the application at any time before the first of the following to occur—\n\nS. 59(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.86).\n\n(a) the Regulator gives the applicant an interim WWC exclusion under section 66(1)(b);\n\nS. 59(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.86).\n\n(b) the Regulator finally decides the application.\n\nS. 59(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.87).\n\n(2) The Regulator must treat an application as having been withdrawn if the applicant does not provide any information required under section 54(5) or further information required under section 58(3) within the period required under that section.\n\nS. 59(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.87).\n\n(3) Despite subsection (2), the Regulator may, if the information referred to in that subsection is provided after the required period, reinstate the application as if it were an application under section 54.\n\nS. 59(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.88).\n\n(4) If—\n\nS. 59(4)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.88).\n\n(a) the Regulator is aware that the applicant is a person who—\n\n(ii) is listed with an agency; and\n\n(b) the application is withdrawn or treated as withdrawn or reinstated under this section—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or that agency of the withdrawal or reinstatement.\n\nDivision 3—Determination of applications for WWC checks\n\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"WWC category A applications","content":"\t60 WWC category A applications\n\n(1) An application for a WWC check is a WWC category A application if it is in respect of a person—\n\nS. 60(1)(a) amended by No. 28/2025 s. 48.\n\n(a) who is subject to reporting obligations imposed on the person by the **Sex Offenders Registration Act 2004**; or\n\n(b) who is subject to a supervision order, a detention order or an emergency detention order; or\n\n(c) who is charged with or has at any time been convicted or found guilty of a WWC category A offence specified in clause 1 or 2 of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or\n\n(d) who is charged with or has at any time been convicted or found guilty of a WWC category A offence other than an offence specified in clause 1 or 2 of Schedule 2; or\n\nS. 60(1)(e) amended by No. 33/2025 s. 4.\n\n(e) who has been excluded from child-related work under a corresponding working with children law.\n\n(2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Determination of WWC category A application","content":"\t61 Determination of WWC category A application\n\nS. 61(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.89).\n\n(1) Subject to this section, the Regulator must refuse to give a WWC clearance on a WWC category A application.\n\nS. 61(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.90).\n\n(2) Despite subsection (1), the Regulator may give a WWC clearance on a WWC category A application if—\n\n(a) the application is in respect of a person who has at any time been given a WWC clearance because of an order made by VCAT—\n\n(i) under section 106(8); or\n\n(ii) under an equivalent provision of the **Working with Children Act 2005** before the repeal of that Act; and\n\nS. 61(2)(b) amended by No. 20/2025 s. 16.\n\n(b) a relevant change in circumstances (within the meaning of section 72) has not occurred with respect to the person; and\n\nS. 61(2)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.90).\n\n(c) the Regulator is satisfied that exceptional circumstances do not exist with respect to the person that justify the refusal of the WWC clearance.\n\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"WWC category B applications","content":"\t62 WWC category B applications\n\n(1) An application for a WWC check is a WWC category B application if it is in respect of a person—\n\n(a) who is charged with or has at any time been convicted or found guilty of a WWC category B offence specified in clause 2, 8, 9, 15 or 22 of Schedule 4 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or\n\n(b) who is charged with or has at any time been convicted or found guilty of a WWC category B offence other than an offence specified in clause 2, 8, 9, 15 or 22 of Schedule 4; or\n\nS. 62(1)(c) amended by No. 33/2025 s. 5(1).\n\n(c) who is charged with or has at any time been convicted or found guilty of a WWC category A offence specified in clause 1 or 2 of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was a child.\n\nS. 62(1)(d) repealed by No. 33/2025 s. 5(2).\n\n(2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Determination of WWC category B application","content":"\t63 Determination of WWC category B application\n\nS. 63(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.91).\n\n(1) The Regulator must refuse to give a WWC clearance on a WWC category B application unless satisfied that doing so would not pose an unjustifiable risk to the safety of children, having regard to—\n\n(a) the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and\n\n(b) the period of time since the applicant committed, or allegedly committed, the offence; and\n\n(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and\n\n(e) the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence; and\n\n(f) whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the applicant committed, or allegedly committed, the offence; and\n\n(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence; and\n\nS. 63(1)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.91).\n\n(j) any other matter that the Regulator considers relevant to the application.\n\nS. 63(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.92).\n\n(2) For the purposes of subsection (1), in order to be satisfied that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, the Regulator must be satisfied that—\n\n(a) a reasonable person would allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and\n\n(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.\n\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"WWC category C applications","content":"\t64 WWC category C applications\n\n(1) An application for a WWC check is a WWC category C application if it is in respect of a person—\n\n(a) who has at any time been subject to a relevant disciplinary or regulatory finding; or\n\n(b) who is charged with or has at any time been convicted or found guilty of a WWC category B offence specified in clause 2, 8, 9, 15 or 22 of Schedule 4 if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or\n\n(c) who is charged with or has at any time been convicted or found guilty of an offence other than a WWC category A offence or a WWC category B offence; or\n\n(d) who, not more than 5 years before the application was made, has been given an NDIS exclusion on an NDIS category C application or an NDIS category C re‑assessment; or\n\n(e) who has at any time been charged with an offence specified in clause 2 of Schedule 5 if the charge has been finally dealt with other than by way of a conviction or a finding of guilt.\n\n(2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Determination of WWC category C application","content":"\t65 Determination of WWC category C application\n\nS. 65(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).\n\n(1) The Regulator must give a WWC clearance on a WWC category C application unless—\n\nS. 65(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).\n\n(a) the Regulator is satisfied that giving the WWC clearance would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (2); or\n\nS. 65(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).\n\n(b) the Regulator is satisfied that—\n\n(i) a reasonable person would not allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; or\n\n(ii) the applicant's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.\n\nS. 65(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.94).\n\n(2) For the purposes of subsection (1)(a), the Regulator must have regard to—\n\n(a) the nature and gravity of the conduct and its relevance to child-related work; and\n\n(b) the period of time since the applicant engaged, or allegedly engaged, in the conduct; and\n\n(c) in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and\n\n(d) in the case of an offence, the sentence imposed for it; and\n\n(e) the ages of the applicant and of any victim at the time the applicant engaged, or allegedly engaged, in the conduct; and\n\n(f) whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the applicant engaged, or allegedly engaged, in it; and\n\n(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct; and\n\nS. 65(2)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.94).\n\n(j) any other matter that the Regulator considers relevant to the application.\n\nDivision 4—Intention to give WWC exclusion on application for WWC check\n\nS. 66 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.95).\n\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Regulator to notify applicant for WWC check of intention to exclude","content":"\t66 Regulator to notify applicant for WWC check of intention to exclude\n\nS. 66(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.96).\n\n(1) If the Regulator is required to refuse or proposes to refuse to give a WWC clearance under section 61, 63 or 65, the Regulator must before finally deciding the application for a WWC check—\n\n(a) give a written notice to the applicant that—\n\n(i) informs the applicant of the proposal or requirement; and\n\nS. 66(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.96).\n\n(ii) states the information about the applicant of which the Regulator is aware; and\n\nS. 66(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.96).\n\n(iii) invites the applicant to make a submission to the Regulator in writing or in another form approved by the Regulator within the timeframe specified in the notice; and\n\n(b) give the applicant an interim WWC exclusion.\n\n(a) in the case of a WWC category A application, 14 days; or\n\n(b) in the case of a WWC category B application or a WWC category C application, 28 days.\n\nS. 66(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.97).\n\n(3) The Regulator may extend the period specified in a notice for a WWC category A application if the applicant satisfies the Regulator that it is appropriate to allow the applicant further time to make a submission.\n\nS. 66(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.97).\n\n(4) Before finally deciding the application the Regulator must consider any submission made by the applicant in response to a notice under subsection (1) within the specified period, unless the applicant notifies the Regulator that the applicant does not want to make a submission.\n\n(5) Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—\n\nS. 67 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.98).\n\nS. 67 amended by No. 58/2025 s. 125(Sch. 2 item 1.99).\n\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Regulator must give WWC exclusion to applicant who fails to make submission within timeframe","content":"\t67 Regulator must give WWC exclusion to applicant who fails to make submission within timeframe\n\nThe Regulator must give a WWC exclusion to an applicant for a WWC check if, before the end of the period specified in section 66(2) or (3), the applicant—\n\n(a) does not make a submission in response to a notice under section 66(1); or\n\nS. 67(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.99).\n\n(b) notifies the Regulator that the applicant does not want to make a submission.\n\nDivision 5—Outcome of application for WWC check\n\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Outcome of application for WWC check","content":"\t68 Outcome of application for WWC check\n\nS. 68(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.100).\n\n(1) Subject to subsection (2), the Regulator must give a WWC clearance on an application for a WWC check.\n\nS. 68(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.100).\n\n(2) The Regulator must give a WWC exclusion to an applicant who is refused a WWC clearance under section 61, 63 or 65.\n\n(3) A WWC clearance document must—\n\n(a) state that the person in respect of whom it was given has passed a WWC check; and\n\n(b) if given on an application that did not specify an intention to engage in child-related work for profit or gain, state that the WWC clearance cannot be used in respect of child‑related work engaged in for profit or gain.\n\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Notice to applicant for WWC check of outcome of application","content":"\t69 Notice to applicant for WWC check of outcome of application\n\nS. 69(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.101).\n\n(1) The Regulator must notify an applicant for a WWC check in writing whether the applicant has been given a WWC clearance or a WWC exclusion.\n\nS. 69(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.101).\n\n(2) If the Regulator has given a WWC exclusion to the applicant, the notice under subsection (1) must—\n\n(a) state the reasons for the decision to give the exclusion on the application; and\n\n(b) inform the applicant that, in limited circumstances, the applicant may apply to VCAT to have the decision reviewed or, in the case of a WWC category A application, to have VCAT consider whether a WWC clearance is to be given; and\n\n(c) explain how an application may be made to VCAT.\n\nS. 70 amended by No. 58/2025 s. 125(Sch. 2 item 1.102).\n\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Copy of WWC clearance or WWC exclusion to be given to employer or agency","content":"\t70 Copy of WWC clearance or WWC exclusion to be given to employer or agency\n\nIf the Regulator—\n\n(a) gives a WWC clearance, a WWC exclusion or an interim WWC exclusion to an applicant; and\n\n(b) is aware that the applicant is a person who—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must also give a copy of the WWC clearance, WWC exclusion or WWC interim exclusion to that other person or that agency.\n\nDivision 6—Duration of a WWC clearance\n\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Duration of a WWC clearance","content":"\t71 Duration of a WWC clearance\n\nA WWC clearance remains in force for 5 years beginning on the date on which the WWC clearance was given unless it is sooner revoked under Division 5 of Part 3.4 or surrendered under Part 3.5.\n\n","sortOrder":74},{"sectionNumber":"Part 3","sectionType":"part","heading":"2—Change to employer or circumstances of holder or applicant","content":"Part 3.2—Change to employer or circumstances of holder or applicant\n\n","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances","content":"\t72 Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances\n\n(1) If a relevant change in circumstances occurs with respect to a person who holds a WWC clearance or who has applied for a WWC check and the application is still pending, that person must notify the following in writing of the change within 7 days after becoming aware of the change—\n\nS. 72(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.103).\n\n(a) the Regulator;\n\n(b) any person by whom the person is engaged in child-related work;\n\n(c) any agency with which the person is listed.\n\n(2) For the purposes of subsection (1), each of the following is a relevant change in circumstances—\n\n(a) the person being charged with a WWC category A offence or a WWC category B offence;\n\n(b) the person being convicted or found guilty of a WWC category A offence or a WWC category B offence or the charge being otherwise finally dealt with;\n\nS. 72(2)(c) amended by No. 28/2025 s. 49.\n\n(c) the person becoming subject to reporting obligations imposed by the **Sex Offenders Registration Act 2004**;\n\n(d) the person becoming subject to a supervision order, a detention order or an emergency detention order;\n\n(e) a relevant disciplinary or regulatory finding being made in relation to the person;\n\n(f) the person being given an NDIS exclusion;\n\n(g) the person being excluded from child-related work under a corresponding working with children law.\n\nS. 72(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).\n\n(3) It is a defence to a charge for an offence against subsection (1) constituted by not notifying the Regulator of how a charge for an offence was finally dealt with if—\n\nS. 72(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).\n\n(a) the accused notified the Regulator of the filing of the charge-sheet containing the charge in accordance with subsection (1); and\n\nS. 72(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).\n\n(b) the Regulator re‑assessed under Part 3.4 the accused's eligibility to hold a WWC clearance; and\n\n(c) the accused's WWC clearance was not revoked following the re‑assessment; and\n\n(d) the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.\n\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Notification of change in employer of holder of WWC clearance or applicant for WWC check","content":"\t73 Notification of change in employer of holder of WWC clearance or applicant for WWC check\n\n(a) a person has a current WWC clearance or has applied for a WWC check and the application is still pending; and\n\n(b) there is a change in any person by whom the person is engaged in child-related work or any agency with which the person is listed.\n\nS. 73(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.105).\n\n(2) The holder of the WWC clearance or applicant for the WWC check must notify the Regulator of the change and the name, address and telephone number of each person with whom the holder or applicant will be engaged in child-related work within 21 days after becoming aware of the change.\n\nPenalty: 1 penalty unit.\n\nS. 73(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.106).\n\n(3) If a holder of a WWC clearance or applicant for a WWC check notifies the Regulator that the holder or applicant is not, or is no longer, engaged in child-related work with a person or listed with an agency, the Regulator may notify that person or agency in writing of the information in the notification.\n\nPart 3.3—Further applications for WWC checks\n\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Time for application for WWC check by holder of WWC clearance","content":"\t74 Time for application for WWC check by holder of WWC clearance\n\nA person who holds a current WWC clearance may apply for the carrying out of a WWC check and a new WWC clearance at any time within the period beginning 6 months before, and ending 3 months after, the expiry of the current WWC clearance.\n\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Consideration of application for WWC check made by holder of WWC clearance","content":"\t75 Consideration of application for WWC check made by holder of WWC clearance\n\n(a) a person who holds a current WWC clearance applies in accordance with section 74 for the carrying out of a WWC check; and\n\nS. 75(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.107).\n\n(b) the Regulator has not been notified of any relevant change in circumstances set out in section 72(2).\n\nS. 75(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.108).\n\n(2) The Regulator may consider the application without having regard to any offence or conduct that was considered by the Regulator in relation to the giving of the current WWC clearance.\n\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Further application for WWC check by holder of current WWC volunteer clearance","content":"\t76 Further application for WWC check by holder of current WWC volunteer clearance\n\n(a) a person who has a current WWC volunteer clearance applies for the carrying out of a WWC check; and\n\n(b) the application specifies that the child-related work that the person engages in or intends to engage in is for profit or gain; and\n\nS. 76(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.109).\n\n(c) the Regulator has not been notified of any relevant change in circumstances under section 72(2).\n\nS. 76(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.110).\n\n(2) The Regulator may consider the application without having regard to any offence or conduct that was considered by the Regulator in relation to the giving of the current WWC volunteer clearance.\n\n***WWC volunteer clearance*** means a WWC clearance, the application for which does not specify that the child-related work that the applicant engages in or intends to engage in is for profit or gain.\n\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Restriction on right to make further application for WWC check—person given a WWC exclusion","content":"\t77 Restriction on right to make further application for WWC check—person given a WWC exclusion\n\n(1) A person who has been given a WWC exclusion is not entitled to make a further application under section 54 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.\n\n(2) For the purposes of subsection (1) a relevant change in circumstances is—\n\n(a) a charge that was pending at the date of the WWC exclusion being finally dealt with without the person being found guilty of the offence; or\n\n(b) a finding of guilt being quashed or set aside by a court after the date on which the WWC exclusion was given; or\n\n(c) the person no longer being excluded from child-related work under a corresponding working with children law; or\n\nS. 77(2)(d) amended by No. 28/2025 s. 50.\n\n(d) the person ceasing to be subject to reporting obligations imposed under the **Sex Offenders Registration Act 2004**; or\n\n(e) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or\n\n(f) a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the WWC exclusion was given; or\n\n(g) the person's NDIS exclusion being deemed void under section 37 or being set aside, rendered inoperative or otherwise invalidated.\n\n(3) If a person who has been given a WWC exclusion is subsequently given a WWC clearance under a further application made under section 54, the WWC exclusion is deemed to be void and of no effect from the date the WWC clearance is given.\n\nPart 3.4—Re‑assessment of eligibility to hold a WWC clearance\n\nDivision 1—Re‑assessment of eligibility to hold WWC clearance\n\n\t78 Re‑assessment of eligibility to hold WWC clearance\n\nS. 78(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).\n\n(1) The Regulator must re‑assess a person's eligibility to hold a WWC clearance if—\n\n(a) notified by the person of a relevant change in circumstances under section 72; or\n\nS. 78(1)(b) amended by No. 58/2025 s. 83(1).\n\n(b) the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or\n\n(c) notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or\n\n(d) notified by a law enforcement agency of a charge or of how a charge has been finally dealt with; or\n\n(e) notified by the ACC that the person has been excluded from child-related work under a corresponding working with children law; or\n\nS. 78(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).\n\n(f) the Regulator becomes aware that the person has been given an NDIS exclusion on an NDIS category C application or an NDIS category C re‑assessment.\n\nS. 78(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).\n\n(2) The Regulator is not required to re‑assess a person's eligibility to hold a WWC clearance on being notified of a charge for an offence being finally dealt with if—\n\nS. 78(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).\n\n(a) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge; and\n\n(b) the clearance was not revoked following that re‑assessment.\n\n(3) For the purposes of Part 6.2 or 6.3, a person must be regarded as still holding a current WWC clearance if—\n\n(a) an interim WWC exclusion has been given under section 88(1)(b); and\n\n(b) the person's WWC clearance—\n\n(i) has not been revoked under section 91 following the re‑assessment; or\n\n(ii) has not been surrendered under section 93; or\n\n(iii) has not expired.\n\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Suspension powers on re‑assessment of WWC clearance","content":"\t79 Suspension powers on re‑assessment of WWC clearance\n\nS. 79(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.112).\n\n(1) Despite section 78(3) and subject to subsection (2), the Regulator must suspend a person's WWC clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Regulator becomes aware that—\n\n(a) the person has become subject to an obligation or order specified in clause 1 of Schedule 5; or\n\n(b) the person has been charged with or been convicted or found guilty of an offence specified in clause 2 of Schedule 5; or\n\n(c) the person has been excluded from child‑related work under a corresponding working with children law.\n\nS. 79(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).\n\n(2) The Regulator is not required to suspend a person's WWC clearance pending the carrying out and completion of a re‑assessment of that person's eligibility to hold a WWC clearance if—\n\nS. 79(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).\n\n(a) the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and\n\nS. 79(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).\n\n(b) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.\n\nS. 79(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.114).\n\n(3) If the person is being re‑assessed because the Regulator was notified that the person has been charged with an offence specified in clause 2 of Schedule 5, the Regulator may reinstate that person's WWC clearance if, after the suspension of the clearance—\n\n(4) If a person's WWC clearance is suspended under this section, the person is taken to not hold a WWC clearance for the period of the suspension.\n\nS. 80 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.115).\n\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Regulator must notify WWC clearance holder, employer and agency of suspension","content":"\t80 Regulator must notify WWC clearance holder, employer and agency of suspension\n\nS. 80(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.116).\n\n(1) If the Regulator suspends a WWC clearance under section 79, the Regulator must notify the person whose WWC clearance is suspended as soon as possible.\n\nS. 80(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.117).\n\n(2) If the Regulator is aware that a person whose WWC clearance is suspended under section 79—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the suspension.\n\nS. 80(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.117).\n\n(3) If the Regulator finally determines not to revoke a WWC clearance that has been suspended under section 79, the Regulator must give notice in writing of that determination to any person or agency notified of the suspension under subsection (2).\n\nDivision 2—Consideration of re‑assessment\n\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Consideration of re‑assessment—WWC clearance","content":"\t81 Consideration of re‑assessment—WWC clearance\n\nS. 81(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).\n\n(1) On a re‑assessment of a person's eligibility to hold a WWC clearance, the Regulator—\n\nS. 81(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).\n\n(a) may have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and\n\nS. 81(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).\n\n(b) may make any other enquiries to, or seek information on the re‑assessment from, any person or source that the Regulator thinks fit, including the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**; and\n\nS. 81(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).\n\n(c) may require the person to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.\n\nS. 81(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.119).\n\n(2) On a re‑assessment of a person's eligibility to hold a WWC clearance, the Regulator—\n\n(a) is not required to consider any matter other than the matter that has given rise to the re‑assessment; and\n\nS. 81(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.119).\n\n(b) may have regard to any offence or conduct that was considered by the Regulator in relation to the giving of the WWC clearance.\n\nDivision 3—Determination of re‑assessments\n\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"WWC category A re‑assessments","content":"\t82 WWC category A re‑assessments\n\nS. 82(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.120).\n\n(1) A re‑assessment is a WWC category A re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold a WWC clearance because the Regulator is notified that—\n\nS. 82(1)(a) amended by No. 28/2025 s. 51.\n\n(a) the person has become subject to reporting obligations imposed under the **Sex Offenders Registration Act 2004**; or\n\n(c) the person has been charged with or convicted or found guilty of a WWC category A offence specified in clause 1 or 2 of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or\n\n(d) the person has been charged with or convicted or found guilty of a WWC category A offence other than an offence specified in clause 1 or 2 of Schedule 2; or\n\nS. 82(1)(e) amended by No. 33/2025 s. 6.\n\n(e) the person has been excluded from child-related work under a corresponding working with children law.\n\n(2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\nS. 83 amended by No. 58/2025 s. 125(Sch. 2 item 1.121).\n\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Determination of WWC category A re‑assessment","content":"\t83 Determination of WWC category A re‑assessment\n\nThe Regulator must revoke the person's WWC clearance on a WWC category A re‑assessment.\n\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"WWC category B re‑assessments","content":"\t84 WWC category B re‑assessments\n\nS. 84(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.122).\n\n(1) A re‑assessment is a WWC category B re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold a WWC clearance because the Regulator is notified that—\n\n(a) the person has been charged with or convicted or found guilty of a WWC category B offence specified in clause 2, 8, 9, 15 or 22 of Schedule 4 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or\n\n(b) the person has been charged with or convicted or found guilty of a WWC category B offence other than an offence specified in clause 2, 8, 9, 15 or 22 of Schedule 4; or\n\nS. 84(1)(c) amended by No. 33/2025 s. 7(1).\n\n(c) the person has been charged with or convicted or found guilty of a WWC category A offence specified in clause 1 or 2 of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was a child.\n\nS. 84(1)(d) repealed by No. 33/2025 s. 7(2).\n\n(2) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Determination of WWC category B re‑assessment","content":"\t85 Determination of WWC category B re‑assessment\n\nS. 85(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.123).\n\n(1) The Regulator must revoke a WWC clearance on a WWC category B re‑assessment unless satisfied that the person holding the WWC clearance would not pose an unjustifiable risk to the safety of children, having regard to—\n\n(a) the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and\n\n(b) the period of time since the person committed, or allegedly committed, the offence; and\n\n(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and\n\n(e) the ages of the person holding the WWC clearance and of any victim at the time the person holding the WWC clearance committed, or allegedly committed, the offence; and\n\n(f) whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the person committed, or allegedly committed, the offence; and\n\n(g) the person's behaviour since the person committed, or allegedly committed, the offence; and\n\n(h) the likelihood of future threat to a child caused by the person holding the WWC clearance; and\n\n(i) any information given by the person in, or in relation to, the re‑assessment; and\n\nS. 85(1)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.123).\n\n(j) any other matter that the Regulator considers relevant to the re‑assessment.\n\nS. 85(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.124).\n\n(2) In determining whether a person holding a WWC clearance would not pose an unjustifiable risk to the safety of children, the Regulator must be satisfied that—\n\n(a) a reasonable person would allow their child to have direct contact with the person holding the WWC clearance while that person was engaged in any type of child-related work; and\n\n(b) the person's engagement in any type of child‑related work would not pose an unjustifiable risk to the safety of children.\n\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"WWC category C re‑assessments","content":"\t86 WWC category C re‑assessments\n\nS. 86(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.125).\n\n(1) A re‑assessment is a WWC category C re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold a WWC clearance because the Regulator is notified that—\n\n(a) the person has become subject to a relevant disciplinary or regulatory finding; or\n\n(b) the person has been charged with or convicted or found guilty of a WWC category B offence specified in clause 2, 8, 9, 15 or 22 of Schedule 4 if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or\n\n(c) the person has been charged with, convicted or found guilty of an offence other than a WWC category A offence or a WWC category B offence; or\n\n(d) the person has been charged with an offence specified in clause 2 of Schedule 5 and the charge has been finally dealt with other than by way of a conviction or a finding of guilt.\n\nS. 86(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.125).\n\n(2) A re‑assessment is a WWC category C re‑assessment if the Regulator is required to re‑assess the person's eligibility to hold a WWC clearance because the Regulator becomes aware that the person has been given an NDIS exclusion on an NDIS category C application or an NDIS category C re‑assessment.\n\n(3) For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.\n\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Determination of WWC category C re‑assessment","content":"\t87 Determination of WWC category C re‑assessment\n\nS. 87(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).\n\n(1) The Regulator must not revoke a WWC clearance on a WWC category C re‑assessment unless—\n\nS. 87(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).\n\n(a) the Regulator is satisfied that the person holding the WWC clearance would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (2); or\n\nS. 87(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).\n\n(b) the Regulator is satisfied that—\n\n(i) a reasonable person would not allow their child to have direct contact with the holder of the WWC clearance while the holder was engaged in any type of child-related work; or\n\n(ii) the holder's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.\n\nS. 87(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.127).\n\n(2) For the purposes of subsection (1)(a), the Regulator must have regard to—\n\n(a) the nature and gravity of the conduct and its relevance to child-related work; and\n\n(b) the period of time since the holder of the WWC clearance engaged, or allegedly engaged, in the conduct; and\n\n(c) in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and\n\n(d) in the case of an offence, the sentence imposed for it; and\n\n(e) the ages of the holder and of any victim at the time the holder engaged, or allegedly engaged, in the conduct; and\n\n(f) whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the holder engaged, or allegedly engaged, in it; and\n\n(g) the holder's behaviour since the holder engaged, or allegedly engaged, in the conduct; and\n\n(h) the likelihood of future threat to a child caused by the holder; and\n\n(i) any information given by the holder in, or in relation to, the re‑assessment; and\n\nS. 87(2)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.127).\n\n(j) any other matter that the Regulator considers relevant to the re‑assessment.\n\nDivision 4—Intention to revoke WWC clearance\n\nS. 87A inserted by No. 33/2025 s. 8.\n\n","sortOrder":90},{"sectionNumber":"87A","sectionType":"section","heading":"Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings","content":"\t87A Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings\n\nS. 87A(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.128).\n\n(1) Despite section 78(3), the Regulator must suspend a person's WWC clearance if—\n\nS. 87A(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.128).\n\n(a) the Regulator—\n\n(i) is notified by the Chief Commissioner of Police under section 131 that the person has been charged with or been convicted or found guilty of a relevant offence other than an offence specified in clause 2 of Schedule 5; or\n\n(ii) is notified of a relevant disciplinary or regulatory finding being made against the person; and\n\nS. 87A(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.128).\n\n(b) the Regulator proposes to revoke the person's WWC clearance under this Division.\n\nS. 87A(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.129).\n\n(2) If a person's WWC clearance is suspended because the Regulator was notified that the person has been charged with a relevant offence other than an offence specified in clause 2 of Schedule 5, the Regulator may reinstate the person's WWC clearance if, after the suspension—\n\nS. 87A(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.129).\n\n(3) If a person's WWC clearance is suspended because the Regulator was notified of a relevant disciplinary or regulatory finding being made against the person, the Regulator may reinstate the person's WWC clearance if, after the suspension, the finding is expressly or impliedly—\n\n(a) quashed; or\n\n(b) set aside.\n\n(4) If a person's WWC clearance is suspended under this section, the person is taken to not hold a WWC clearance for the period of the suspension.\n\nS. 87B (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.130).\n\nS. 87B inserted by No. 33/2025 s. 8.\n\n","sortOrder":91},{"sectionNumber":"87B","sectionType":"section","heading":"Regulator must notify WWC clearance holder, employer and agency of suspension","content":"\t87B Regulator must notify WWC clearance holder, employer and agency of suspension\n\nS. 87B(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.131).\n\n(1) If the Regulator suspends a WWC clearance under section 87A, the Regulator must notify the person whose WWC clearance is suspended as soon as possible.\n\nS. 87B(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.132).\n\n(2) If the Regulator is aware that a person whose WWC clearance is suspended under section 87A—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the suspension.\n\nS. 87B(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.133).\n\n(3) If the Regulator finally determines not to revoke a WWC clearance that has been suspended under section 87A, the Regulator must give notice in writing of that determination to any person or agency notified of the suspension under subsection (2).\n\n","sortOrder":92},{"sectionNumber":"88","sectionType":"section","heading":"Submission sought from holder before determining to revoke WWC clearance","content":"\t88 Submission sought from holder before determining to revoke WWC clearance\n\nS. 88(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.134).\n\n(1) If the Regulator proposes or is required under section 83, 85 or 87 to revoke a person's WWC clearance, the Regulator must, before finally deciding the re‑assessment—\n\n(a) give a written notice to the person that—\n\n(i) informs the person of the proposal or requirement; and\n\nS. 88(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.134).\n\n(ii) states the information about the person of which the Regulator is aware; and\n\nS. 88(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.134).\n\n(iii) invites the person to make a submission to the Regulator in writing or in another form approved by the Regulator within the timeframe specified in the notice; and\n\n(b) give an interim WWC exclusion to the person.\n\n(a) in the case of a WWC category A re‑assessment, 14 days; and\n\n(b) in the case of a WWC category B re‑assessment or a WWC category C re‑assessment, 28 days.\n\nS. 88(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.135).\n\n(3) The Regulator may extend the period specified in a notice for a WWC category A re‑assessment if the person satisfies the Regulator that it is appropriate to allow the person further time to make a submission.\n\nS. 88(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.135).\n\n(4) Before finally determining whether to revoke the person's WWC clearance, the Regulator must consider any submission made by the person in response to a notice under subsection (1) within the specified period, unless the person notifies the Regulator that the person does not want to make a submission.\n\n(5) Any information given by the person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty, other than—\n\nS. 88(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.135).\n\n(6) If the Regulator—\n\n(a) gives the person who holds the WWC clearance an interim WWC exclusion under subsection (1)(b); and\n\n(b) finally determines not to revoke that WWC clearance—\n\nthe Regulator must give notice in writing to the person of the determination not to revoke the WWC clearance.\n\nDivision 5—Revocation of WWC clearance\n\n","sortOrder":93},{"sectionNumber":"89","sectionType":"section","heading":"Revocation of WWC clearance on failure to provide information during re‑assessment","content":"\t89 Revocation of WWC clearance on failure to provide information during re‑assessment\n\nS. 89(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.136).\n\n(1) Despite section 78(3), if a person being re‑assessed under section 78 fails to provide information to the Regulator in accordance with section 81(1)(c), the Regulator may revoke the person's WWC clearance in accordance with this section.\n\nS. 89(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.137).\n\n(2) The Regulator must notify the person referred to in subsection (1) of the Regulator's intention to revoke the person's WWC clearance at least 7 days before the Regulator revokes the clearance.\n\nS. 89(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.138).\n\n(3) The Regulator is not required to continue to carry out or complete the re‑assessment of the person whose WWC clearance has been revoked under subsection (1).\n\nS. 89(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.139).\n\n(4) If the Regulator revokes a person's WWC clearance under subsection (1), the Regulator must give the person a WWC exclusion.\n\nS. 89(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.140).\n\n(5) The Regulator must notify the person whose WWC clearance has been revoked under subsection (1) as soon as possible after the revocation of the clearance and the giving of the WWC exclusion.\n\nS. 89(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.141).\n\n(6) If the Regulator is aware that the person whose WWC clearance has been revoked under subsection (1) is a person who—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the revocation of the person's WWC clearance.\n\n(7) Nothing in this section prevents the former holder of a WWC clearance applying for another WWC clearance under this Act.\n\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Revocation of WWC clearance on failure to respond to notice","content":"\t90 Revocation of WWC clearance on failure to respond to notice\n\nS. 90(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.142).\n\n(1) The Regulator must revoke a WWC clearance if the person who holds that WWC clearance does not make a submission in response to a notice given to the person under section 88(1) within the period specified under section 88(2) or (3) unless the person notifies the Regulator that the person does not want to make a submission.\n\nS. 90(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.142).\n\n(2) If the Regulator revokes a person's WWC clearance under subsection (1), the Regulator must give the person a WWC exclusion.\n\nS. 90(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.143).\n\n(3) The Regulator must notify the person whose WWC clearance has been revoked under subsection (1) as soon as possible after the revocation of the clearance.\n\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Revocation of WWC clearance after completing re‑assessment and surrender of document","content":"\t91 Revocation of WWC clearance after completing re‑assessment and surrender of document\n\nS. 91(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.144).\n\n(1) If the Regulator revokes a person's WWC clearance under section 83, 85 or 87, the Regulator must give the person a WWC exclusion.\n\nS. 91(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.144).\n\n(2) If the Regulator revokes a person's WWC clearance, the Regulator must give the person a written notice that—\n\n(a) states the reasons for revoking the person's WWC clearance and giving the person a WWC exclusion; and\n\n(b) informs the person that, in limited circumstances, the person may apply to VCAT to have the decision reviewed or, in the case of a WWC category A re‑assessment, to have VCAT consider whether a WWC clearance is to be given; and\n\n(c) explains how an application may be made to VCAT.\n\nS. 91(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.144).\n\n(3) The Regulator may give a notice to a person whose WWC clearance is revoked or has expired requiring the person to surrender the WWC clearance document to the Regulator in the manner specified in the notice and within the period for doing so specified in the notice.\n\n(4) A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice under subsection (3).\n\nS. 91(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.145).\n\n(5) If the Regulator—\n\n(a) gives a notice under subsection (3) on the expiry of a WWC clearance; and\n\n(b) is aware that the person whose WWC clearance has expired is a person who—\n\nthe Regulator, if the Regulator 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.\n\nS. 92 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.146).\n\nS. 92 amended by No. 58/2025 s. 125(Sch. 2 item 1.147).\n\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Regulator to give copy of WWC exclusion to employer or agency","content":"\t92 Regulator to give copy of WWC exclusion to employer or agency\n\nIf the Regulator—\n\n(a) gives the person who holds a WWC clearance a WWC exclusion under section 91 or an interim WWC exclusion under section 88; and\n\n(b) is aware that the person is a person who—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must also give a copy of the WWC exclusion or WWC interim exclusion to that other person or that agency.\n\nPart 3.5—Surrender of WWC clearance\n\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Holder of WWC clearance may surrender clearance","content":"\t93 Holder of WWC clearance may surrender clearance\n\nS. 93(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.148).\n\n(1) The holder of a WWC clearance may at any time surrender the WWC clearance document to the Regulator.\n\n(2) For the purposes of this Act, a person who surrenders their only WWC clearance document is to be regarded as not having a WWC clearance.\n\nS. 93(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.149).\n\n(3) If the holder of a WWC clearance (***the first WWC clearance***) applies for a new WWC check and is given another WWC clearance, the holder must not, without reasonable excuse, refuse or fail to surrender to the Regulator the WWC clearance document that was given to the holder in respect of the first WWC clearance within 7 days after being directed to do so by the Regulator.\n\nPenalty: 1 penalty unit.\n\nS. 93(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.150).\n\n(4) If—\n\nS. 93(4)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.150).\n\n(a) a person surrenders a WWC clearance document to the Regulator under subsection (1); and\n\nS. 93(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.150).\n\n(b) the Regulator is aware that the former holder of the WWC clearance is a person who—\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or that agency in writing of the surrender.\n\nPt 3.6 (Heading and s. 93A) inserted by No. 33/2025 s. 9.\n\nPart 3.6—Cancellation of WWC clearance\n\nS. 93A inserted by No. 33/2025 s. 9.\n\n","sortOrder":98},{"sectionNumber":"93A","sectionType":"section","heading":"Power to cancel WWC clearance","content":"\t93A Power to cancel WWC clearance\n\nS. 93A(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.151).\n\n(1) The Regulator may cancel a person's WWC clearance if—\n\n(a) the person had given information that was false or misleading in a material particular in or in connection with—\n\n(i) the application for the WWC check; or\n\n(ii) re‑assessment of eligibility to hold the WWC clearance; or\n\n(b) the clearance was given on an application for a WWC check that was prohibited by this Act.\n\n(2) A person whose WWC clearance is cancelled ceases to be the holder of a WWC clearance.\n\nS. 93A(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).\n\n(3) If the Regulator cancels a person's WWC clearance, the Regulator must give the person a written notice that—\n\n(a) states the reasons for cancelling the person's WWC clearance; and\n\n(b) in the case of a cancellation under subsection (1)(a), informs the person that the person may apply for a WWC check; and\n\nS. 93A(3)(c) amended by No. 58/2025 s. 27.\n\n(c) in the case of a cancellation under subsection (1)(a), explains how an application for a WWC check may be made; and\n\nS. 93A(3)(d) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).\n\n(d) requires the person to surrender the WWC clearance document to the Regulator in the manner specified in the notice and within the period for doing so specified in the notice.\n\n(4) A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice under subsection (3).\n\nS. 93A(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).\n\n(5) If the Regulator is aware that a person whose WWC clearance is cancelled—\n\n(a) is, or is proposed to be, engaged in  \nchild-related work by another person; or\n\nthe Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the cancellation.\n\nChapter 4—Review\n\nPart 4.1—Internal review of decisions relating to NDIS clearances\n\n\t94 Decisions for which internal review may be sought\n\n(1) Subject to this section, a person may apply for internal review of—\n\nS. 94(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.153).\n\n(a) a decision by the Regulator under section 31(2) to give the person an NDIS exclusion on an application for an NDIS check; or\n\nS. 94(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.153).\n\n(b) a decision by the Regulator under section 51 to revoke the person's NDIS clearance on a re‑assessment of the person's eligibility to hold an NDIS clearance.\n\n(2) A person who was given an NDIS exclusion on an NDIS category A application may only apply for internal review on the ground that the person is not a person referred to in section 23(1).\n\n(3) A person whose NDIS clearance was revoked following an NDIS category A re‑assessment may only apply for internal review on the ground that the person is not a person referred to in section 41(1).\n\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Application for internal review","content":"\t95 Application for internal review\n\nS. 95(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.154).\n\n(1) An application for internal review is to be made, in writing, in the form approved by the Regulator.\n\nS. 95(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.154).\n\n(2) The application must be made within 28 days after the day on which the Regulator made the decision to give the person an NDIS exclusion or to revoke the person's NDIS clearance (as the case requires).\n\nS. 95(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.154).\n\n(3) Despite subsection (2), the Regulator may extend the time for making an application for internal review if satisfied it is appropriate to allow the person further time to make an application.\n\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"NDIS exclusion continues to apply until internal review decided","content":"\t96 NDIS exclusion continues to apply until internal review decided\n\nIf a person applies for internal review, an NDIS exclusion given to that person continues to apply until the application for internal review is finally decided.\n\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Applicant may provide further information","content":"\t97 Applicant may provide further information\n\nS. 97(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.155).\n\n(1) An applicant for internal review may provide to the Regulator any further information that the applicant considers relevant.\n\nS. 97(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.156).\n\n(2) If the applicant provides any further information under subsection (1), the Regulator may—\n\n(a) make any further enquiries of the applicant; or\n\nS. 97(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.156).\n\n(b) make any other enquiries of any person or source that the Regulator thinks fit, including but not limited to—\n\n(i) the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**; and\n\n(ii) any disciplinary or regulatory entity; and\n\n(iii) any authorised entity; and\n\n(iv) the Disability Worker Registration Board; and\n\n(v) the Victorian Disability Worker Commission; and\n\n(vi) the Victorian Disability Worker Commissioner.\n\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Time for conducting internal review","content":"\t98 Time for conducting internal review\n\nS. 98(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.157).\n\n(1) The Regulator must ensure that an internal review is completed within 28 days after the application is made, unless that time period is earlier extended by the Regulator.\n\nS. 98(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.157).\n\n(2) If the Regulator extends the time for completing an internal review, the Regulator must notify the applicant in writing and specify the extended period and the reasons for the extension.\n\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Outcome of internal review","content":"\t99 Outcome of internal review\n\nS. 99(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.158).\n\n(1) On completion of an internal review, the Regulator may—\n\n(a) in the case of internal review of a decision referred to in section 94(1)(a)—\n\n(i) give an NDIS exclusion to the applicant; or\n\n(ii) give an NDIS clearance to the applicant; or\n\n(b) in the case of internal review of a decision referred to in section 94(1)(b)—\n\n(i) revoke the applicant's NDIS clearance and give the applicant an NDIS exclusion; or\n\n(ii) reinstate the person's NDIS clearance.\n\nS. 99(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.158).\n\n(2) As soon as possible after completing an internal review, the Regulator must give the applicant for internal review written notice of the outcome.\n\nS. 99(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.159(a)).\n\n(3) If the Regulator has given an NDIS exclusion to the applicant under subsection (1), the notice under subsection (2) must—\n\n(a) state the reasons for the decision to give the NDIS exclusion or to revoke the NDIS clearance (as the case requires); and\n\nS. 99(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.159(b)).\n\n(b) inform the applicant that the applicant may apply to VCAT for review of the Regulator's decision; and\n\n(c) explain how an application may be made to VCAT.\n\n","sortOrder":104},{"sectionNumber":"Part 4","sectionType":"part","heading":"2—VCAT review of decisions relating to NDIS clearances","content":"Part 4.2—VCAT review of decisions relating to NDIS clearances\n\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Definitions","content":"\t100 Definitions\n\nS. 100 def. of *NDIS category A decision* amended by No. 58/2025 s. 125(Sch. 2 item 1.160(a)).\n\n***NDIS category A decision*** means a decision by the Regulator under section 99(1)—\n\n(a) to give a person an NDIS exclusion on an NDIS category A application; or\n\n(b) to revoke a person's NDIS clearance following an NDIS category A re‑assessment;\n\nS. 100 def. of *NDIS category B decision* amended by No. 58/2025 s. 125(Sch. 2 item 1.160(b)).\n\n***NDIS category B decision*** means a decision by the Regulator under section 99(1)—\n\n(a) to give a person an NDIS exclusion on an NDIS category B application; or\n\n(b) to revoke a person's NDIS clearance following an NDIS category B re‑assessment;\n\nS. 100 def. of *NDIS category C decision* amended by No. 58/2025 s. 125(Sch. 2 item 1.160(c)).\n\n***NDIS category C decision*** means a decision by the Regulator under section 99(1)—\n\n(a) to give a person an NDIS exclusion on an NDIS category C application; or\n\n(b) to revoke a person's NDIS clearance following an NDIS category C re‑assessment.\n\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Jurisdiction of VCAT—NDIS","content":"\t101 Jurisdiction of VCAT—NDIS\n\nS. 101(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.161).\n\n(1) Each of the following decisions made by the Regulator is reviewable by VCAT—\n\n(a) subject to subsection (2), an NDIS category A decision;\n\n(b) an NDIS category B decision;\n\n(c) an NDIS category C decision.\n\n(2) A person may only apply to VCAT for review of an NDIS category A decision on the ground that the person is not a person referred to in section 23(1) or 41(1) (as the case requires).\n\n(3) An application for review under subsection (1) must be made within 28 days after the later of—\n\nS. 101(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.162).\n\n(a) the day on which the decision of the Regulator is made under section 99(1); or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nNote to s. 101 amended by No. 58/2025 s. 125(Sch. 2 item 1.163).\n\nVCAT may, on an application under subsection (1), affirm the decision to give an NDIS exclusion or set that decision aside and either give an NDIS clearance or send the matter back to the Regulator for re‑consideration (see section 51 of the **Victorian Civil and Administrative Tribunal Act 1998**).\n\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"VCAT review of NDIS category B decisions","content":"\t102 VCAT review of NDIS category B decisions\n\n(1) On a review of an NDIS category B decision, VCAT must determine that it is appropriate to refuse to give the applicant an NDIS clearance unless satisfied that there are exceptional circumstances.\n\n(2) In determining whether there are exceptional circumstances, VCAT must have regard to the following—\n\n(d) the applicant's relationship to the victim at the time the offence or alleged offence  was committed;\n\n(e) whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence  was committed;\n\n(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence;\n\n(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history;\n\n(i) any other matter that VCAT considers relevant.\n\n(3) Even if VCAT is satisfied under subsection (1) that there are exceptional circumstances, VCAT must determine that it is appropriate to refuse to give the applicant an NDIS clearance unless it is satisfied that it is in the public interest to give the clearance.\n\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"VCAT review of NDIS category C decisions","content":"\t103 VCAT review of NDIS category C decisions\n\n(1) On a review of an NDIS category C decision, VCAT must determine that it is appropriate to refuse to give the applicant an NDIS clearance unless satisfied that the applicant does not pose an unacceptable risk of harm to persons with a disability, having regard to the following*—*\n\n(a) the nature, gravity and circumstances of the conduct;\n\n(b) the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;\n\n(c) the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;\n\n(d) the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;\n\n(e) whether the applicant had a position of authority in relation to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;\n\n(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;\n\n(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history;\n\n(i) any other matter that VCAT considers relevant.\n\n(2) Even if VCAT does not determine that it is appropriate to refuse the applicant an NDIS clearance under subsection (1), VCAT must not determine that it is appropriate to give the person an NDIS clearance unless satisfied that it would be in the public interest to do so.\n\nS. 104 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.164).\n\nS. 104 amended by No. 58/2025 s. 125(Sch. 2 item 1.165).\n\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Regulator may request information for purposes of VCAT proceeding","content":"\t104 Regulator may request information for purposes of VCAT proceeding\n\nThe Regulator, for the purposes of assisting VCAT in relation to the determination of an application made under this Part, may make enquiries to, or seek information from, any person or source that the Regulator thinks fit, including but not limited to—\n\n(a) the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**; and\n\n(b) any disciplinary or regulatory entity; and\n\n(c) any authorised entity; and\n\n(d) the Disability Worker Registration Board; and\n\n(e) the Victorian Disability Worker Commission; and\n\n(f) the Victorian Disability Worker Commissioner.\n\nPart 4.3—VCAT review of decisions relating to WWC clearances\n\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Jurisdiction of VCAT—working with children","content":"\t105 Jurisdiction of VCAT—working with children\n\n(1) Each of the following decisions by the Secretary is reviewable by VCAT—\n\nS. 105(1)(a) amended by No. 33/2025 s. 10(1).\n\n(a) subject to subsection (2), a decision to give a WWC exclusion on a WWC category A application on the ground that the person is a person referred to in section 60(1)(a), (b) or (e);\n\n(b) a decision to give a WWC exclusion on a WWC category B application or a WWC category C application;\n\nS. 105(1)(c) amended by No. 33/2025 s. 10(1).\n\n(c) subject to subsection (3), a decision under section 83 to revoke a WWC clearance following a WWC category A re‑assessment in circumstances referred to in section 82(1)(a), (b) or (e);\n\n(d) a decision under section 85 or 87 to revoke a WWC clearance following a WWC category B re‑assessment or a WWC category C re‑assessment.\n\nS. 105(2) amended by No. 33/2025 s. 10(2).\n\n(2) A person who has been given a WWC exclusion by the Secretary on a WWC category A application may only apply to VCAT for review on the ground that the person is not a person referred to in section 60(1)(a), (b) or (e).\n\nS. 105(3) amended by No. 33/2025 s. 10(3).\n\n(3) A person whose WWC clearance was revoked by the Secretary following a WWC category A re‑assessment may only apply to VCAT for review on the ground that the circumstances referred to in section 82(1)(a), (b) or (e) did not occur.\n\n(4) An application for review under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the decision of the Secretary is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nVCAT may, on an application under subsection (1), affirm the decision to give a WWC exclusion or set that decision aside and either give a WWC clearance or send the matter back to the Secretary for re‑consideration (see section 51 of the **Victorian Civil and Administrative Tribunal Act 1998**).\n\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"Jurisdiction of VCAT—WWC category A","content":"\t106 Jurisdiction of VCAT—WWC category A\n\n(1) Subject to subsection (2), a person may apply to VCAT for a WWC clearance if the person has been given a WWC exclusion—\n\nS. 106(1)(a) amended by No. 33/2025 s. 11(1).\n\n(a) on a WWC category A application (other than a person referred to in section 60(1)(a), (b) or (e)); or\n\nS. 106(1)(b) amended by No. 33/2025 s. 11(2).\n\n(b) under section 91(1) to revoke a WWC clearance following a WWC category A re‑assessment (other than on the ground that the circumstances that required the re‑assessment are those referred to in section 82(1)(a), (b) or (e)).\n\n(2) A person may not apply to VCAT under subsection (1) if—\n\n(a) the person has at any time been charged with or convicted or found guilty of a WWC category A offence; and\n\n(b) the person was an adult at the time of the commission or alleged commission of the offence.\n\n(3) For the purposes of subsection (2), if an offence occurred or is alleged to have occurred between 2 dates, one on which the person was a child and one on which the person was an adult, the offence is taken to have occurred when the person was an adult.\n\n(4) An application under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the decision of the Secretary to give the WWC exclusion is made; and\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(5) Pending the final determination of an application under subsection (1), VCAT may—\n\n(a) make an order staying the operation of the Secretary's decision; and\n\n(b) make any other order it considers appropriate having regard to the matters set out in subsection (6).\n\n(6) VCAT must not make an order directing the Secretary to give a WWC clearance on an application under subsection (1) unless VCAT is satisfied that giving the clearance would not pose an unjustifiable risk to the safety of children, having regard to—\n\n(a) the nature and gravity of the offence and its relevance to child-related work; and\n\n(b) the period of time since the applicant committed the offence; and\n\n(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and\n\n(e) the ages of the applicant and of any victim at the time the applicant committed the offence; and\n\n(f) whether or not the conduct that constituted the offence has been decriminalised since the applicant engaged in it; and\n\n(g) the applicant's behaviour since the applicant committed the offence; and\n\n(j) any other matter that VCAT considers relevant to the application.\n\n(7) For the purposes of subsection (6), to be satisfied that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, VCAT must be satisfied that—\n\n(a) a reasonable person would allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and\n\n(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.\n\n(8) If VCAT is satisfied that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, VCAT may by order direct the Secretary to give the WWC clearance to the applicant if it is satisfied that, in all the circumstances, it is in the public interest to do so.\n\n(9) The Secretary must comply with an order made by VCAT under subsection (8).\n\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"Jurisdiction of VCAT—WWC category B","content":"\t107 Jurisdiction of VCAT—WWC category B\n\n(1) In a review of a decision to give a WWC exclusion on a WWC category B application or in relation to a WWC category B re‑assessment, VCAT must determine that it is appropriate to refuse to give a WWC clearance unless satisfied that giving the clearance would not pose an unjustifiable risk to the safety of children, having regard to any matters to which the Secretary must have regard under section 63(1).\n\n(2) In satisfying itself that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, VCAT must be satisfied that—\n\n(a) a reasonable person would allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and\n\n(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.\n\n(3) Even if VCAT is satisfied under subsections (1) and (2) that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, VCAT must determine that it is appropriate to refuse to give the clearance unless it is satisfied that it is in the public interest to give the clearance.\n\n","sortOrder":113},{"sectionNumber":"108","sectionType":"section","heading":"Jurisdiction of VCAT—WWC category C","content":"\t108 Jurisdiction of VCAT—WWC category C\n\n(1) In a review of a decision to give a WWC exclusion on a WWC category C application or in relation to a WWC category C re‑assessment, VCAT must determine whether in the particular circumstances it would be appropriate to refuse to give a WWC clearance, having regard to any matters to which the Secretary must have regard under section 65(2).\n\n(2) VCAT must determine that it is appropriate to refuse to give a WWC clearance unless VCAT is satisfied that—\n\n(a) a reasonable person would allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; or\n\n(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.\n\n(3) Even if VCAT does not determine under subsection (1) or (2) that it would be appropriate to refuse to give a WWC clearance, VCAT must determine that it is appropriate to refuse to give the clearance unless it is satisfied that it is in the public interest to give the clearance.\n\n","sortOrder":114},{"sectionNumber":"109","sectionType":"section","heading":"Secretary may request information for purposes of VCAT proceeding","content":"\t109 Secretary may request information for purposes of VCAT proceeding\n\nThe Secretary, for the purposes of assisting VCAT in relation to the determination of an application made under this Part, may make enquiries to, or seek information from, any person or source that the Secretary thinks fit, including but not limited to—\n\n(a) the Director of Public Prosecutions and any employee within the meaning of the **Public Administration Act 2004**; and\n\n(b) any disciplinary or regulatory entity.\n\nChapter 5—Exemptions\n\nPart 5.1—Exemptions from a WWC check\n\n\t110 Volunteer whose child is participating or ordinarily participates in the relevant activity\n\nA parent engaging in work as a volunteer in relation to an activity in which their child is participating or ordinarily participates is exempt from a WWC check in respect of that activity.\n\n**Example 1**\n\nA parent who coaches a school football team in which their child ordinarily plays is exempt from a WWC check even if their child is not present on particular days due to sickness or some other reason. However, a parent who coaches a school football team whose child plays football for another team in the same school is not exempt from a WWC check.\n\n**Example 2**\n\nAn athletics carnival is being held at a school. A parent of one of the participating children carries out the task of raking the sand in the long jump pit. That parent is exempt from a WWC check even if their child is not participating in the long jump competition.\n\n","sortOrder":115},{"sectionNumber":"111","sectionType":"section","heading":"Person working with closely related child","content":"\t111 Person working with closely related child\n\n(1) A person engaging in child-related work (other than a person who engages in child-related work described in section 7(6)) where each child with whom the person is required to have direct contact during the work is a child who is closely related to that person is exempt from a WWC check in respect of that work.\n\n(2) For the purposes of this section, a person is closely related to a child if the person is the child's—\n\n(a) spouse (including domestic partner as defined in the **Relationships Act 2008**); or\n\n(b) parent, step-parent, mother-in-law or father‑in-law; or\n\n(c) grandparent; or\n\n(d) uncle or aunt; or\n\n(e) brother or sister (including half-brother, half‑sister, step-brother, step-sister, brother‑in-law or sister-in-law).\n\n(3) For the purposes of subsection (2), a person who would be closely related to a child if domestic partners were married to each other is taken to be closely related to the child.\n\n","sortOrder":116},{"sectionNumber":"112","sectionType":"section","heading":"Children","content":"\t112 Children\n\n(1) A child is exempt from a WWC check.\n\n(2) An adult who has not attained the age of 20 years and who is a student at an educational institution is exempt from a WWC check in respect of any work engaged in as a volunteer at that institution or outside that institution under an arrangement entered into by that institution.\n\n","sortOrder":117},{"sectionNumber":"113","sectionType":"section","heading":"Teachers","content":"\t113 Teachers\n\n(1) A person who is a registered teacher is exempt from a WWC check.\n\nSection 2.6.54K of the **Education and Training Reform Act 2006** provides that a teacher whose registration is suspended is deemed not to be registered for the period of that suspension.\n\nS. 113(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.166(a)).\n\n(2) A registered teacher who engages in child-related work (other than teaching in a school or an early childhood service) must notify the Regulator in writing of the following details within 21 days after the engagement—\n\n(a) the person by whom the registered teacher is engaged in that child-related work;\n\n(b) any agency with which the registered teacher is listed for child-related work (other than teaching in a school or an early childhood service).\n\nPenalty: 10 penalty units.\n\n(3) A person who engages in child-related work (other than teaching in a school or an early childhood service) and who relies on an exemption under subsection (1) in respect of that work must give notification in writing of the suspension or cancellation of the person's registration as a teacher or an early childhood teacher under the **Education and Training Reform Act 2006** within 7 days after receiving notice of the suspension or cancellation to—\n\n(b) any agency with which the person is listed for child-related work (other than teaching in a school or an early childhood service).\n\n**Notes**\n\n1 The Victorian Institute of Teaching must notify a teacher's employer of the suspension or cancellation of the teacher's registration: see sections 2.6.27A, 2.6.28B and 2.6.51 of the **Education and Training Reform Act 2006**.\n\n**2 *Listed with an agency*** is defined in section 3(2).\n\nS. 113(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.166(b)).\n\n(4) The Regulator may notify any person or agency referred to in a notification under subsection (2) that the person who notified the Regulator is no longer exempt from a WWC check because of the suspension or cancellation of the person's registration as a teacher.\n\n(5) In this section—\n\n***early childhood service*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***registered teacher*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**.\n\n","sortOrder":118},{"sectionNumber":"114","sectionType":"section","heading":"Police officers and protective services officers","content":"\t114 Police officers and protective services officers\n\n(1) A person who is a police officer or protective services officer (other than a police officer or protective services officer who is suspended from duty under the **Victoria Police Act 2013**) is exempt from a WWC check.\n\n(2) A person referred to in subsection (1) who engages in child-related work (other than as a police officer or protective services officer) and who relies on an exemption under subsection (1) in respect of that work must give notification in writing of the suspension or dismissal of the person as a police officer or protective services officer under the **Victoria Police Act 2013** within 7 days after receiving notice of the suspension or dismissal to—\n\n(b) any agency with which the person is listed for child-related work.\n\nS. 114A inserted by No. 2/2024 s. 62.\n\n","sortOrder":119},{"sectionNumber":"114A","sectionType":"section","heading":"Police custody officer supervisors and police custody officers","content":"\t114A Police custody officer supervisors and police custody officers\n\n(1) A person who is a police custody officer supervisor or a police custody officer (other than a person whose authorisation to act as a police custody officer supervisor or a police custody officer has been suspended under the **Victoria Police Act 2013**) is exempt from a WWC check.\n\n(2) A person referred to in subsection (1) who engages in child‑related work (other than as a police custody officer supervisor or a police custody officer) and who relies on an exemption under subsection (1) in respect of that work must give notification in writing of the suspension or revocation of their authorisation to act as a police custody officer supervisor or a police custody officer under the **Victoria Police Act 2013** within 7 days after receiving notice of the suspension or revocation to—\n\n(a) any person by whom the person is engaged in that child‑related work; and\n\n(b) any agency with which the person is listed for child‑related work.\n\n***Listed with an agency***  is defined in section 3(2).\n\n","sortOrder":120},{"sectionNumber":"115","sectionType":"section","heading":"Federal police officers","content":"\t115 Federal police officers\n\n(1) A person who is a member of the Australian Federal Police within the meaning of the Australian Federal Police Act  1979 of the Commonwealth (other than a member who is suspended from duty under that Act) is exempt from a WWC check.\n\n(2) A person referred to in subsection (1) who engages in child-related work (other than as a member of the Australian Federal Police) and who relies on an exemption under subsection (1) in respect of that work must give notification in writing of the suspension or termination of the employment of the person as a member of the Australian Federal Police within 7 days after receiving notice of the suspension or termination to—\n\n(b) any agency with which the person is listed for child-related work.\n\n1. Level 9 fine (60 penalty units maximum).\n\n","sortOrder":121},{"sectionNumber":"116","sectionType":"section","heading":"Visiting workers","content":"\t116 Visiting workers\n\n(1) A person who is not ordinarily resident in Victoria is exempt from a WWC check in respect of child‑related work in which the person engages in Victoria if—\n\n(a) the period during which the person engages in that work is not more than 30 days; and\n\n(b) the person does not engage in any other child-related work in Victoria within the same calendar year.\n\n(2) A person who is not ordinarily resident in Victoria is exempt from a WWC check in respect of child‑related work in which the person engages in Victoria if—\n\n(a) the person holds the equivalent of a WWC clearance given under a corresponding working with children law from the jurisdiction in which the person is ordinarily resident; and\n\n(b) the person engages in not more than 30 days of child-related work in Victoria within the same calendar year.\n\n","sortOrder":122},{"sectionNumber":"117","sectionType":"section","heading":"Exemptions subject to exclusion","content":"\t117 Exemptions subject to exclusion\n\nA person is not exempt under this Part from a WWC check if the person has been given a WWC exclusion and has not subsequently been given a WWC clearance.\n\nChapter 6—Offences\n\nPart 6.1—Offences relating to NDIS clearances\n\n\t118 Engaging in risk assessed role without NDIS clearance or interstate NDIS clearance\n\n(1) A person who does not hold an NDIS clearance or an interstate NDIS clearance must not engage in work in a risk assessed role, except in circumstances referred to in section 119 or 120.\n\n(2) A person does not commit an offence against subsection (1) if, at the time the offence was alleged to have been committed—\n\n(a) the person did not know that the work was in a risk assessed role; or\n\n(b) the person did not know that the person did not hold an NDIS clearance or an interstate NDIS clearance, and was not reckless as to whether or not the person held one.\n\n","sortOrder":123},{"sectionNumber":"119","sectionType":"section","heading":"Exception—engaging in risk assessed role on application or re‑application","content":"\t119 Exception—engaging in risk assessed role on application or re‑application\n\n(1) A person who does not hold an NDIS clearance or an interstate NDIS clearance may engage in work in a risk assessed role if—\n\n(a) the person has applied in accordance with section 35 for a new NDIS check to be carried out and—\n\n(i) the application has not been finally decided or withdrawn; and\n\n(ii) the person has not been given an interim NDIS exclusion under section 29(1)(b); and\n\n(b) the person—\n\n(i) has not at any time been given an NDIS exclusion or an interstate NDIS exclusion or, having been given an NDIS exclusion or an interstate NDIS exclusion, has subsequently been given an NDIS clearance or an interstate NDIS clearance; and\n\n(ii) is not subject to a relevant obligation or order; and\n\n(iii) is not charged with or has not been convicted or found guilty of an NDIS category A offence or an NDIS category B offence committed or alleged to have been committed when the person was an adult.\n\n(2) A person who does not hold an NDIS clearance or an interstate NDIS clearance may engage in work in a risk assessed role if the person—\n\n(a) has applied for an interstate NDIS clearance under a corresponding NDIS worker screening law and the application has not been finally decided or withdrawn; and\n\n(b) is permitted under that corresponding NDIS worker screening law to engage in a risk assessed role pending determination of that application.\n\n(3) In this section and section 120—\n\nS. 119(3) def. of *relevant obligation or order* amended by No. 28/2025 s. 52.\n\n***relevant obligation or order*** means—\n\n(a) reporting obligations imposed on a person under the **Sex Offenders Registration Act 2004**; or\n\n(b) a supervision order, a detention order or an emergency detention order.\n\n","sortOrder":124},{"sectionNumber":"120","sectionType":"section","heading":"Exception—engaging in risk assessed role on work experience","content":"\t120 Exception—engaging in risk assessed role on work experience\n\nA person may engage in work in a risk assessed role if—\n\n(a) the person is a secondary student on a work experience placement who is exempt under the NDIS Worker Screening Rules from a requirement to hold an NDIS clearance; and\n\n(b) the person—\n\n(i) has not at any time been given an NDIS exclusion or an interstate NDIS exclusion or, having been given an NDIS exclusion or an interstate NDIS exclusion, has subsequently been given an NDIS clearance or an interstate NDIS clearance; and\n\n(ii) is not subject to a relevant obligation or order.\n\nRule 14(c) of the NDIS Worker Screening Rules provides that a person may be engaged in a risk assessed role without an NDIS clearance if the person is a secondary student on a formal work experience placement with a registered NDIS provider, and is directly supervised by another worker of the provider who has a clearance.\n\n","sortOrder":125},{"sectionNumber":"Part 6","sectionType":"part","heading":"2—Offences related to child-related work","content":"Part 6.2—Offences related to child-related work\n\n","sortOrder":126},{"sectionNumber":"121","sectionType":"section","heading":"Engaging in child-related work without a WWC clearance","content":"\t121 Engaging in child-related work without a WWC clearance\n\n(1) A person must not engage in child-related work if—\n\n(a) the person does not have a current WWC clearance; and\n\n(b) the person engages in the work knowing that it is child-related work; and\n\n(c) the person knows that they do not have a current WWC clearance or is reckless as to whether or not they have one.\n\n(2) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed, the accused—\n\n(a) had applied for a WWC check and the application had not been finally decided or withdrawn and the person—\n\n(i) had not at any time been given a WWC exclusion or, having been given a WWC exclusion, had subsequently been given a WWC clearance; and\n\n(ii) was not excluded from child-related work under a corresponding working with children law; and\n\n(iii) was not subject to an obligation or order specified in clause 1 of Schedule 5; and\n\n(iv) was not charged with or had not been convicted or found guilty of an offence specified in clause 2 of Schedule 5; or\n\nS. 121(2)(ab) inserted by No. 33/2025 s. 12.\n\n(ab) had applied for a WWC check and the application had not been finally decided or withdrawn and the person had not been given an interim WWC exclusion under section 66; or\n\n(b) was exempt from a WWC check in respect of the work under Chapter 5 and the accused was not subject to an obligation or order specified in clause 1 of Schedule 5; or\n\n(c) unless engaging in the work as a volunteer or undertaking practical training—\n\n(i) having applied for a WWC check and been given a WWC exclusion, had notified their employer of the giving of that WWC exclusion; and\n\n(ii) the accused's employer was in the process of—\n\n(A) transferring the accused to work that was not child-related work; or\n\n(B) terminating the accused's employment in accordance with the requirements of the Fair Work Act 2009 of the Commonwealth.\n\n(3) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—\n\nS. 121(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.167).\n\n(a) the person had been given a WWC exclusion by the Secretary to the Department of Justice and Community Safety and had applied to VCAT under section 106(1) for a WWC clearance; and\n\nS. 121(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.167).\n\n(b) the decision of the Secretary to the Department of Justice and Community Safety was the subject of an order by VCAT staying the operation of the decision.\n\n(4) A person is not guilty of an offence against subsection (1) if—\n\n(a) at the time the offence is alleged to have been committed, the work engaged in is child-related work described in section 7(6); and\n\n(b) the person applies, within 21 days after first engaging in that work, for a WWC check to be carried out.\n\n","sortOrder":127},{"sectionNumber":"122","sectionType":"section","heading":"Offence for person given WWC exclusion to apply for child-related work","content":"\t122 Offence for person given WWC exclusion to apply for child-related work\n\n(1) A person who has at any time been given a WWC exclusion and does not have a current WWC clearance must not apply for, or engage in, work that is child-related work.\n\n(2) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed, the accused did not know that the work was child-related work.\n\n(3) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—\n\nS. 122(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.168).\n\n(a) the person had been given a WWC exclusion by the Secretary to the Department of Justice and Community Safety and had applied to VCAT under section 106(1) for a WWC clearance; and\n\nS. 122(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.168).\n\n(b) the decision of the Secretary to the Department of Justice and Community Safety was the subject of an order by VCAT staying the operation of the decision.\n\n","sortOrder":128},{"sectionNumber":"123","sectionType":"section","heading":"Offence to engage a person who does not have a WWC clearance in child-related work","content":"\t123 Offence to engage a person who does not have a WWC clearance in child-related work\n\n(1) A person must not engage, or continue to engage, another person (the worker) in child-related work if—\n\n(a) the person knows the work is child-related work; and\n\n(b) the worker does not have a current WWC clearance; and\n\n(c) the person engaging, or continuing to engage, the worker knows that the worker does not have a current WWC clearance or is reckless as to whether or not the worker has one.\n\nPenalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.\n\nIn the case of a body corporate, 1200 penalty units.\n\n(2) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—\n\n(a) the worker had applied for a WWC check and the application had not been finally decided or withdrawn, unless the person knew or ought reasonably to have known that the worker—\n\n(i) was subject to an obligation or order specified in clause 1 of Schedule 5; or\n\n(ii) had been charged with or convicted or found guilty of an offence specified in clause 2 of Schedule 5; or\n\nS. 123(2) (a)(iia) inserted by No. 33/2025 s. 13.\n\n(iia) had been given an interim WWC exclusion under section 66; or\n\n(iii) was excluded from child-related work under a corresponding working with children law; or\n\n(b) the worker was exempt from a WWC check in respect of the work under Chapter 5; or\n\n(c) having been notified that the worker (not being a worker who was engaging in the work as a volunteer or undertaking practical training) had been given a WWC exclusion, the person was in the process of—\n\n(i) transferring the worker to work that was not child-related work; or\n\n(ii) terminating the worker's employment in accordance with the requirements of the Fair Work Act 2009 of the Commonwealth.\n\n(3) A person is not guilty of an offence against subsection (1) if the person directly engaged the worker and the work was child‑related work with a child of whom the person is a parent, whether or not it also involved direct contact with other children.\n\n(4) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—\n\nS. 123(4)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.169).\n\n(a) the worker had been given a WWC exclusion by the Secretary to the Department of Justice and Community Safety and had applied to VCAT under section 106(1) for a WWC clearance; and\n\nS. 123(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.169).\n\n(b) the decision of the Secretary to the Department of Justice and Community Safety was the subject of an order by VCAT staying the operation of the decision.\n\n","sortOrder":129},{"sectionNumber":"124","sectionType":"section","heading":"Offence for agency to offer the services of a person who does not have a WWC clearance","content":"\t124 Offence for agency to offer the services of a person who does not have a WWC clearance\n\n(1) An agency must not, in the course of a business, offer to another person the services of a person (the worker) in child-related work if—\n\n(a) the agency knows that the work is child‑related work; and\n\n(b) the worker does not have a current WWC clearance; and\n\n(c) the agency knows that the worker does not have a current WWC clearance or is reckless as to whether or not the worker has one.\n\nPenalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.\n\nIn the case of a body corporate, 1200 penalty units.\n\n(2) An agency is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—\n\n(a) the worker had applied for a WWC check and the application had not been finally decided or withdrawn unless the agency knew or ought reasonably to have known that the worker—\n\n(i) was subject to an obligation or order specified in clause 1 of Schedule 5; or\n\n(ii) had been charged with or convicted or found guilty of an offence specified in clause 2 of Schedule 5; or\n\nS. 124(2) (a)(iia) inserted by No. 33/2025 s. 14.\n\n(iia) had been given an interim WWC exclusion under section 66; or\n\n(iii) was excluded from child-related work under a corresponding working with children law; or\n\n(b) the worker was exempt from a WWC check in respect of the work under Chapter 5.\n\n(3) An agency is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—\n\nS. 124(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.170).\n\n(a) the worker had been given a WWC exclusion by the Secretary to the Department of Justice and Community Safety and had applied to VCAT under section 106(1) for a WWC clearance; and\n\nS. 124(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.170).\n\n(b) the decision of the Secretary to the Department of Justice and Community Safety was the subject of an order by VCAT staying the operation of the decision.\n\n","sortOrder":130},{"sectionNumber":"125","sectionType":"section","heading":"Using volunteer clearance for paid work","content":"\t125 Using volunteer clearance for paid work\n\n(1) A person must not engage in child-related work for profit or gain if—\n\n(a) the person has a current WWC clearance that was given to the person on an application that did not specify an intention to engage in child-related work for profit or gain; and\n\n(b) the person knows that their current WWC clearance was given on an application of a kind referred to in paragraph (a); and\n\n(c) the person knows that, or is reckless as to whether or not, the child-related work in which the person is engaging is being engaged in for profit or gain.\n\nPenalty: Level 11 fine (5 penalty units maximum).\n\n(2) A person must not engage, or continue to engage, another person (the worker) in child-related work, if—\n\n(a) the person knows that the work is child‑related work; and\n\n(b) the person knows that the worker has a current WWC clearance that was given to the worker on an application that did not specify an intention to engage in child‑related work for profit or gain; and\n\n(c) the person knows that, or is reckless as to whether or not, the child-related work in which the worker is engaging is being engaged in for profit or gain.\n\nPenalty: Level 11 fine (5 penalty units maximum).\n\nA person who has been given a WWC clearance on an application that did not specify an intention to engage in child-related work for profit or gain may apply under section 54 for a WWC clearance that may be used in respect of child-related work engaged in for profit or gain.\n\n","sortOrder":131},{"sectionNumber":"126","sectionType":"section","heading":"Offence to use false or other person's WWC clearance","content":"\t126 Offence to use false or other person's WWC clearance\n\nA person must not use in connection with the person's work, or an application for work—\n\n(a) a document purporting to be a WWC clearance knowing that the document is false within the meaning of section 83A(6) of the **Crimes Act 1958**; or\n\n(b) a document purporting to be a WWC clearance given to the person knowing that the document is a WWC clearance given to another person.\n\n","sortOrder":132},{"sectionNumber":"127","sectionType":"section","heading":"Notification requirements of holder of WWC exclusion or interim WWC exclusion","content":"\t127 Notification requirements of holder of WWC exclusion or interim WWC exclusion\n\nIf a WWC exclusion or an interim WWC exclusion is given to a person, that person must, within 7 days after being given the exclusion, give notice in writing of that exclusion—\n\n(a) to any person by whom they are engaged in child-related work; and\n\n(b) to any agency with which they are listed.\n\nPart 6.3—General\n\n","sortOrder":133},{"sectionNumber":"128","sectionType":"section","heading":"False or misleading information","content":"\t128 False or misleading information\n\n(1) A person must not give information that is false or misleading in a material particular—\n\n(a) in, or in relation to, an application for the carrying out of an NDIS check; or\n\n(b) in connection with a re‑assessment of eligibility to hold an NDIS clearance; or\n\n(c) in connection with an internal review under Part 4.1.\n\n(2) A person must not in, or in relation to, an application for the carrying out of a WWC check or in connection with a re‑assessment of eligibility to hold that clearance give information that is false or misleading in a material particular.\n\n(3) A person does not commit an offence against subsection (1) or (2) if, at the time at which the offence is alleged to have been committed, the person believed on reasonable grounds—\n\n(a) in the case of false information—that the information was true; or\n\n(b) in the case of misleading information—that the information was not misleading.\n\nS. 128(4) inserted by No. 33/2025 s. 15.\n\n(4) A proceeding for an offence against subsection (1) or (2) may be commenced not later than 5 years and 6 months after the date on which the offence is alleged to have been committed.\n\nS. 129 (Heading) amended by No. 33/2025 s. 16(1).\n\n\t129 Sex offenders, serious offenders and persons excluded from child‑related work under corresponding working with children law must not apply for clearance\n\nA person who is any of the following must not apply for a screening check under this Act—\n\n(a) a registrable offender within the meaning of section 3 of the **Sex Offenders Registration Act 2004**;\n\nS. 129(b) amended by No. 33/2025 s. 16(2).\n\n(b) a person who is subject to a supervision order, a detention order or an emergency detention order;\n\nS. 129(c) inserted by No. 33/2025 s. 16(3).\n\n(c) in the case of an application for a WWC check, a person who is excluded from child‑related work under a corresponding working with children law.\n\nPenalty: 240 penalty units or imprisonment for 2 years.\n\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"Confidentiality of information","content":"\t130 Confidentiality of information\n\n(1) A person must not give to any other person, whether directly or indirectly, any information acquired by the person in the performance of functions or exercise of powers under this Act.\n\n(2) A person must not give to any other person, whether directly or indirectly, any information acquired by the person under section 70, 72(1), 91(5), 92, 113(3), 114(2), 115(2) or 127.\n\n(3) Subsections (1) and (2) do not apply to the giving of information in any of the following circumstances—\n\n(a) in good faith for the prevention of a serious threat to a person's life, health or safety;\n\n(b) with the written authority of the person to whom the information relates or, if the person to whom the information relates is a child or a person with a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the **Crimes Act 1958**, with the written authority of a person authorised to act on that person's behalf;\n\n(c) to a court or tribunal in the course of legal proceedings;\n\n(d) pursuant to an order of a court or tribunal;\n\n(e) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;\n\n(f) to a person or body established under a law of the Commonwealth or another State or Territory with functions or powers that correspond with the functions or powers of the Chief Commissioner of Police under this Act;\n\n(g) to an Australian legal practitioner for the purpose of obtaining legal advice or representation;\n\n(h) as required or permitted by or under this Act or any other law;\n\n(i) in the case of WWC information, in good faith—\n\n(i) for the purposes of a reference check being carried out on an applicant for work that is child-related work; or\n\n(ii) for the purposes of making employment-related decisions in respect of child-related work; or\n\n(iii) to the Commission for Children and Young People (established by section 6 of the **Commission for Children and Young People Act 2012**) for the purposes of an investigation of a reportable allegation under Part 5A of the **Child Wellbeing and Safety Act 2005**; or\n\n(iv) to the Victorian Institute of Teaching under Part 2.6 of the **Education and Training Reform Act 2006** for the purposes of any of that Institute's functions under Part 2.6 of that Act.\n\n(4) In this section—\n\n***WWC information*** means information acquired from, or in carrying out, a WWC check or under section 70, 72(1), 91(5), 92, 113(3), 114(2), 115(2) or 127.\n\n","sortOrder":135},{"sectionNumber":"Part 7","sectionType":"part","heading":"Information sharing","content":"Chapter 7—Information sharing\n\nS. 131 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.171).\n\n","sortOrder":136},{"sectionNumber":"131","sectionType":"section","heading":"Chief Commissioner of Police to notify Regulator of certain matters relating to current applicant or clearance holder","content":"\t131 Chief Commissioner of Police to notify Regulator of certain matters relating to current applicant or clearance holder\n\nS. 131(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.172).\n\n(1) The Chief Commissioner of Police must take all reasonable steps to ensure that the Regulator is notified as soon as practicable after the Chief Commissioner of Police becomes aware that—\n\n(a) an applicant for a screening check has been charged with a relevant offence; or\n\n(b) a person who holds a clearance has been charged with a relevant offence.\n\nS. 131(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.172).\n\n(2) The Chief Commissioner of Police must take all reasonable steps to ensure that the Regulator is notified as soon as practicable of—\n\n(a) how a charge for a relevant offence against an applicant for a screening check has been finally dealt with; or\n\n(b) how a charge for a relevant offence against a person who holds a clearance has been finally dealt with .\n\nS. 131(3) repealed by No. 33/2025 s. 17.\n\n","sortOrder":137},{"sectionNumber":"132","sectionType":"section","heading":"Chief Commissioner of Police to notify interstate screening units of how charges dealt with","content":"\t132 Chief Commissioner of Police to notify interstate screening units of how charges dealt with\n\n(1) The Chief Commissioner of Police must take all reasonable steps to ensure that an interstate screening unit is notified of how a charge against a person has been finally dealt with if the interstate screening unit has requested the notification.\n\n***interstate screening unit*** means—\n\n(a) an NDIS worker screening unit; or\n\n(b) a working with children screening unit.\n\nS. 133 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.173).\n\nS. 133 amended by No. 58/2025 s. 125(Sch. 2 item 1.174).\n\n","sortOrder":138},{"sectionNumber":"133","sectionType":"section","heading":"Regulator may notify police of certain matters","content":"\t133 Regulator may notify police of certain matters\n\nNothing in this Act prevents the Regulator, if the Regulator suspects on reasonable grounds that a person has committed an offence against this Act or the regulations or Part 5 of the **Sex Offenders Registration Act 2004**, immediately notifying the Chief Commissioner of Police of that suspicion.\n\nS. 134 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.175).\n\n","sortOrder":139},{"sectionNumber":"134","sectionType":"section","heading":"Regulator may disclose information to NDIS worker screening units","content":"\t134 Regulator may disclose information to NDIS worker screening units\n\nS. 134(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.176).\n\n(1) The Regulator may disclose to an NDIS worker screening unit any information held by the Regulator about a person who holds an NDIS clearance or who has made an application for an NDIS check if that information is relevant to the performance of that unit's functions or exercise of powers under a corresponding NDIS worker screening law.\n\n(2) Without limiting subsection (1), information about a person who holds an NDIS clearance or who has applied for an NDIS check includes—\n\n(a) that the person has made an application for an NDIS check, and whether that application has been withdrawn or reinstated; and\n\n(b) the person being given an NDIS exclusion, an interim NDIS exclusion or an NDIS clearance; and\n\n(c) the person's NDIS clearance being suspended or revoked; and\n\n(d) the person surrendering the person's NDIS clearance.\n\nS. 135 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.177).\n\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Regulator may disclose information to working with children screening units","content":"\t135 Regulator may disclose information to working with children screening units\n\nS. 135(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.178).\n\n(1) The Regulator may disclose to a working with children screening unit any information held by the Regulator about a person who holds a WWC clearance or who has made an application for a WWC check if that information is relevant to the performance of that unit's functions or exercise of powers under a corresponding working with children law.\n\n(2) Without limiting subsection (1), information about a person who holds a WWC clearance or who has applied for a WWC check includes—\n\n(a) that the person has made an application for a WWC check, and whether that application has been withdrawn or reinstated; and\n\n(b) the person being given a WWC exclusion, an interim WWC exclusion or a WWC clearance; and\n\n(c) the person's WWC clearance being suspended or revoked; and\n\n(d) the person surrendering the person's WWC clearance.\n\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Notifications to the NDIS Commission","content":"\t136 Notifications to the NDIS Commission\n\nS. 136(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.179).\n\n(1) The Regulator must notify the NDIS Commission of the following matters—\n\n(a) a person makes an application for an NDIS check;\n\n(b) a person's application for an NDIS check is withdrawn or treated as withdrawn or reinstated;\n\n(c) a person is given an NDIS clearance;\n\n(d) a person is given an NDIS exclusion or an interim NDIS exclusion;\n\n(e) a person's NDIS clearance is suspended and, if applicable, later reinstated;\n\n(f) a person's NDIS clearance is revoked;\n\n(g) a person surrenders an NDIS clearance;\n\n(h) a person's NDIS exclusion is deemed to be void under section 37, or the decision to give the exclusion is otherwise quashed or set aside.\n\nS. 136(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.179).\n\n(2) The Regulator may disclose to the NDIS Commission any other information about a person who holds an NDIS clearance or who has made an application for an NDIS check if that information is relevant to the performance of the Commission's functions or exercise of the Commission's powers.\n\nS. 137 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.180).\n\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Disclosure of information about WWC exclusions by Regulator to ACC","content":"\t137 Disclosure of information about WWC exclusions by Regulator to ACC\n\nS. 137(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.181).\n\n(1) If the Regulator gives a person a WWC exclusion, the Regulator must—\n\n(a) notify the ACC; and\n\n(b) give the ACC information relating to that exclusion.\n\nS. 137(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.182).\n\n(2) If the Regulator has notified the ACC under this Act about a WWC exclusion given to a person, the Regulator must also notify the ACC if—\n\nS. 137(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.182).\n\n(a) the Regulator is ordered by a court or VCAT to give the person a WWC clearance; or\n\n(b) the person's WWC exclusion is deemed to be void under section 77; or\n\n(c) the person's WWC exclusion is set aside, rendered inoperative or otherwise invalidated.\n\nS. 138 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.183).\n\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Regulator may notify Department of Families, Fairness and Housing of certain matters relating to out of home carers","content":"\t138 Regulator may notify Department of Families, Fairness and Housing of certain matters relating to out of home carers\n\nS. 138(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.184(a)(b)).\n\n(1) The Regulator may notify the Secretary to the Department of Families, Fairness and Housing of the following in relation to a current WWC clearance, the application for which specifies that the applicant is engaged or intends to engage in child‑related work described in section 7(6)—\n\n(a) if the holder surrenders the WWC clearance;\n\nS. 138(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.184(c)).\n\n(b) if the Regulator revokes or suspends the WWC clearance;\n\nS. 138(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.184(c)).\n\n(c) if the holder notifies the Regulator of a change in any person by whom the holder is engaged in child-related work.\n\nS. 138(2) amended by No. 58/2025 s. 125 (Sch. 2 item 1.184(a)(b)).\n\n(2) The Regulator may notify the Secretary to the Department of Families, Fairness and Housing of the following in relation to an application for a WWC clearance that specifies that the applicant is engaged or intends to engage in child-related work described in section 7(6)—\n\n(a) if the application is made, withdrawn or reinstated;\n\nS. 138(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.184(c)).\n\n(b) if the Regulator gives a WWC clearance, an interim WWC exclusion or a WWC exclusion in relation to the application;\n\nS. 138(2)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.184(c)).\n\n(c) if the applicant notifies the Regulator of a change in any person by whom the applicant is engaged in child-related work.\n\nS. 139 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.185).\n\nS. 139 amended by No. 58/2025 s. 125(Sch. 2 item 1.86).\n\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Secretary to Department of Families, Fairness and Housing may disclose information about out of home carers","content":"\t139 Secretary to Department of Families, Fairness and Housing may disclose information about out of home carers\n\nNothing in this Act or the **Children, Youth and Families Act 2005** prevents the Secretary to the Department of Families, Fairness and Housing disclosing to the Regulator information relating to a person who is engaged in child-related work described in section 7(6) if the disclosure is made for the purposes of the administration or execution of this Act in relation to child-related work or the **Children, Youth and Families Act 2005**.\n\nS. 140 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.187).\n\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Regulator may notify Department of Families, Fairness and Housing of certain matters relating to disability-related work","content":"\t140 Regulator may notify Department of Families, Fairness and Housing of certain matters relating to disability-related work\n\nS. 140(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.188).\n\n(1) The Regulator may disclose to the Secretary to the Department of Families, Fairness and Housing any information held by the Regulator about a person who holds a clearance or who has made an application for a screening check if that information is relevant to assessing the person's suitability to work with persons with a disability within the meaning of the **Disability Act 2006**.\n\n(2) Without limiting subsection (1), information about a person who holds a clearance or who has applied for a screening check includes—\n\n(a) that the person has made an application for a screening check, and whether that application has been withdrawn or reinstated; and\n\n(b) the person being given an exclusion, an interim exclusion or a clearance; and\n\n(c) the person's clearance being suspended or revoked; and\n\n(d) the person surrendering the person's clearance.\n\nS. 141 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.189).\n\n\t141 Regulator may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances\n\nS. 141(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.190).\n\n(1) The Regulator may disclose to a relevant entity any information held by the Regulator about a person who holds a clearance or who has made an application for a screening check if that information is relevant to the performance of the entity's functions or exercise of the entity's powers under the **Disability Service Safeguards Act 2018**.\n\nS. 141(1A) inserted by No. 9/2023 s. 267, amended by No. 58/2025 s. 125(Sch. 2 item 1.191(a)).\n\n(1A) The Regulator may make a disclosure under subsection (1)—\n\n(a) on request made by a relevant entity; or\n\nS. 141(1A)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.191(b)).\n\n(b) on the Regulator's own initiative.\n\n(2) Without limiting subsection (1), information about a person who holds a clearance or who has applied for a screening check includes—\n\n(a) that the person has made an application for a screening check, and whether that application has been withdrawn or reinstated; and\n\n(b) the person being given an exclusion, an interim exclusion or a clearance; and\n\n(c) the person's clearance being suspended or revoked; and\n\n(d) the person surrendering the person's clearance.\n\n***relevant entity*** means—\n\n(a) the Disability Worker Registration Board; or\n\n(b) the Victorian Disability Worker Commission; or\n\n(c) the Victorian Disability Worker Commissioner.\n\nS. 142 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.192).\n\n","sortOrder":146},{"sectionNumber":"142","sectionType":"section","heading":"Regulator may require production of information","content":"\t142 Regulator may require production of information\n\nS. 142(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.193).\n\n(1) If the Regulator suspects that a person has committed an offence against this Act or the regulations or Part 5 of the **Sex Offenders Registration Act 2004**, the Regulator may, by notice in writing, require any person to provide any information that the Regulator thinks necessary to determine whether that suspicion is reasonable.\n\nS. 142(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.194).\n\n(2) A person who receives a notice under subsection (1) must not, without reasonable excuse, fail to provide the information specified in the notice to the Regulator within 28 days or any longer period specified in the notice.\n\nPenalty: 60 penalty units.\n\n(3) For the purposes of subsection (2), it is a reasonable excuse for a natural person to refuse or fail to provide information that the person is required to provide under subsection (1) if the provision of the information would tend to incriminate the person.\n\n","sortOrder":147},{"sectionNumber":"143","sectionType":"section","heading":"Person responding to enquiry or request from Secretary does not contravene duty of confidentiality","content":"\t143 Person responding to enquiry or request from Secretary does not contravene duty of confidentiality\n\nA person in responding to an enquiry or a request for advice or information from the Secretary under section 18, 40, 58, 81, 97, 104, 109 or 142 does not contravene any duty of confidentiality imposed on the person by or under any Act (including the **Judicial Proceedings Reports Act 1958**) or agreement, despite anything to the contrary in that Act or agreement.\n\nChapter 8—General\n\nPart 8.1—Offences committed by bodies corporate or unincorporated bodies, associations and partnerships\n\n\t144 Offences by bodies corporate\n\n(1) In a proceeding against a body corporate for an offence against a provision of this Act, it is a defence to the charge if, at the time the offence is alleged to have been committed, the body corporate had taken all reasonable steps to have systems in place within the body corporate to ensure compliance with the relevant provision.\n\n(2) If a body corporate commits an offence against a provision specified in subsection (3), an officer of the body corporate also commits an offence against the provision.\n\n(3) For the purposes of subsection (2), the following provisions are specified—\n\n(a) section 123(1);\n\n(b) section 124(1).\n\n(4) An officer of a body corporate does not commit an offence against a provision specified in subsection (3) if—\n\n(a) the officer presents or points to evidence that suggests a reasonable possibility that the officer exercised due diligence to prevent the commission of the offence by the body corporate; and\n\n(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.\n\n(5) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to—\n\n(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and\n\n(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and\n\n(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and\n\n(d) any other relevant matter.\n\n(6) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(7) An officer of a body corporate may commit an offence against a provision specified in subsection (3) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(8) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act.\n\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Offences by unincorporated bodies, partnerships etc.","content":"\t145 Offences by unincorporated bodies, partnerships etc.\n\n(1) For the purposes of a provision specified in subsection (2), a reference to a ***person*** who may be guilty of an offence against the provision includes an unincorporated body or association and a partnership and is to be taken to be—\n\n(a) in the case of an unincorporated body or association—a reference to each member of the committee of management of the body or association who knew of, or knowingly authorised or permitted, the commission of the offence; and\n\n(b) in the case of a partnership—a reference to each member of the partnership who knew of, or knowingly authorised or permitted, the commission of the offence.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 123(1);\n\n(b) section 124(1).\n\n(3) If, in a proceeding for an offence against a provision specified in subsection (2), it is necessary to establish the state of mind of an unincorporated body or association or a partnership in relation to particular conduct, it is sufficient to show that—\n\n(a) the conduct was engaged in by an employee or agent of the unincorporated body or association or the partnership within the scope of the employee or agent's actual or apparent authority; and\n\n(b) the employee or agent had that state of mind.\n\n","sortOrder":149},{"sectionNumber":"Part 8","sectionType":"part","heading":"2—Miscellaneous","content":"Part 8.2—Miscellaneous\n\nS. 146 repealed by No. 58/2025 s. 125(Sch. 2 item 1.195).\n\nS. 147 amended by No. 58/2025 s. 125(Sch. 2 item 1.196).\n\n","sortOrder":150},{"sectionNumber":"147","sectionType":"section","heading":"Giving of notices","content":"\t147 Giving of notices\n\nIf by or under this Act a notice, or a copy of a notice, is required or permitted to be given by the Regulator to a person, the notice may, unless the contrary intention appears, be given to the person—\n\n(a) by delivering it personally to the person; or\n\n(b) by leaving it at the person's usual or last known place of residence or business with a person apparently over the age of 16 years and apparently residing there or (in the case of a place of business) apparently in charge of, or employed at, that place; or\n\n(c) by sending it by post addressed to the person at the person's usual or last known place of residence or business; or\n\n(d) by sending it by electronic  communication to the person at the person's usual or last known electronic  address.\n\n","sortOrder":151},{"sectionNumber":"148","sectionType":"section","heading":"Evidentiary provisions","content":"\t148 Evidentiary provisions\n\nS. 148(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.197).\n\n(1) A document purporting to be given by the Regulator or a delegate of the Regulator certifying as to any of the following matters is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matter—\n\n(a) whether an application by a specified person for a screening check was pending at a specified date;\n\n(b) whether an exclusion had been given to a specified person and was in place at a specified date;\n\n(c) whether an interim exclusion had been given to a specified person and was in place at a specified date;\n\n(d) whether a specified person's clearance had been suspended and whether that suspension was in place at a specified date;\n\n(e) whether a clearance had been given to a specified person on a specified date;\n\n(f) whether a copy of a clearance, an interim exclusion, a suspension or an exclusion was given to a specified person on a specified date;\n\nS. 148(1)(g) amended by No. 58/2025 s. 125(Sch. 2 item 1.197).\n\n(g) any other matter that appears in, or that can be determined from, records kept by the Regulator under this Act.\n\nS. 148(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.197).\n\n(2) A document purporting to be given by the Regulator or a delegate of the Regulator under subsection (1) must be presumed in any proceedings, in the absence of evidence to the contrary, to have been given by the Regulator or a person who was, at that time, a delegate of the Regulator, as the case requires.\n\n","sortOrder":152},{"sectionNumber":"149","sectionType":"section","heading":"Immunity","content":"\t149 Immunity\n\nS. 149(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.198).\n\n(1) The Regulator or an employee within the meaning of the **Public Administration Act 2004** is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the performance of a function under this Act or the regulations; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations.\n\nS. 149(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.198).\n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Regulator or an employee within the meaning of the **Public Administration Act 2004** attaches instead to the State.\n\nPart 8.3—Regulations\n\n","sortOrder":153},{"sectionNumber":"150","sectionType":"section","heading":"Regulations","content":"\t150 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) circumstances in which a charge against a person for an offence is not to be taken to be pending for the purposes of this Act;\n\n(b) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstances; and\n\n(c) may apply, adopt or incorporate any matter contained in any document, whether wholly or partially or as amended by the regulations or as in force at a particular time or as in force from time to time; and\n\n(d) may confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and\n\n(e) may provide in specified cases or classes of cases for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and\n\n(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\n(3) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum or minimum fees;\n\n(c) maximum and minimum fees;\n\n(d) the payment of fees either generally or under specified conditions or in specified circumstances;\n\n(e) the reduction, waiver or refund, in whole or in part, of the fees.\n\n(4) If under subsection (3)(e) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—\n\n(a) in respect of certain checks or classes of checks; or\n\n(b) when an event happens; or\n\n(c) in respect of certain persons or classes of persons; or\n\n(d) in respect of any combination of such checks, events or persons—\n\nand may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.\n\nChapter 9—Transitional provisions, repeals and amendments\n\nPart 9.1—Repeal of Working with Children Act 2005\n\n\t151 Working with Children Act 2005 repealed\n\nThe **Working with Children Act 2005** is **repealed**.\n\n","sortOrder":154},{"sectionNumber":"Part 9","sectionType":"part","heading":"2—Transitional provisions","content":"Part 9.2—Transitional provisions\n\n","sortOrder":155},{"sectionNumber":"152","sectionType":"section","heading":"Definitions","content":"\t152 Definitions\n\n***assessment notice*** has the same meaning as in the **Working with Children Act 2005** immediately before the commencement day;\n\n***commencement day*** means the day on which section 151 commences;\n\n***interim negative notice*** has the same meaning as in the **Working with Children Act 2005** immediately before the commencement day;\n\n***negative notice*** has the same meaning as in the **Working with Children Act 2005** immediately before the commencement day.\n\n","sortOrder":156},{"sectionNumber":"153","sectionType":"section","heading":"Assessment notices taken to be WWC clearances","content":"\t153 Assessment notices taken to be WWC clearances\n\n(1) Subject to subsection (2), if, immediately before the commencement day, a person holds an assessment notice, that assessment notice is taken to be a WWC clearance on and from the commencement day.\n\n(2) If, immediately before the commencement day, an assessment notice is suspended under the **Working with Children Act 2005**, on and from the commencement day that assessment notice is taken to be a WWC clearance that is suspended under Part 3.4.\n\n","sortOrder":157},{"sectionNumber":"154","sectionType":"section","heading":"Negative notices taken to be WWC exclusions","content":"\t154 Negative notices taken to be WWC exclusions\n\n(1) If, immediately before the commencement day, a person has been given a negative notice, that negative notice is taken to be a WWC exclusion on and from the commencement day.\n\n(2) For the purposes of this Act, a WWC exclusion referred to in subsection (1) is taken to be—\n\n(a) in the case of a negative notice given on a category A application or a category A re‑assessment under the **Working with Children Act 2005**, a WWC exclusion given on an application that is a WWC category A application or a re‑assessment that is a WWC category A re‑assessment; or\n\n(b) in the case of a negative notice given on a category B application or a category B re‑assessment under the **Working with Children Act 2005**, a WWC exclusion given on an application that is a WWC category B application or a re‑assessment that is a WWC category B re‑assessment; or\n\n(c) in the case of a negative notice given on a category C application or a category C re‑assessment under the **Working with Children Act 2005**, a WWC exclusion given on an application that is a WWC category C application or a re‑assessment that is a WWC category C re‑assessment.\n\n","sortOrder":158},{"sectionNumber":"155","sectionType":"section","heading":"Interim negative notices taken to be interim WWC exclusions","content":"\t155 Interim negative notices taken to be interim WWC exclusions\n\n(1) If, immediately before the commencement day, a person has been given an interim negative notice, on and from the commencement day that person is taken to have been given—\n\n(a) in the case of an interim negative notice given under section 16(1)(b) of the **Working with Children Act 2005**, an interim WWC exclusion under section 66; or\n\n(b) in the case of an interim negative notice given under section 21AE(1)(b) of the **Working with Children Act 2005**, an interim WWC exclusion under section 88.\n\n","sortOrder":159},{"sectionNumber":"156","sectionType":"section","heading":"Pending applications—working with children checks","content":"\t156 Pending applications—working with children checks\n\nIf, before the commencement day, a person had applied for a working with children check under section 10 of the **Working with Children Act 2005** and that application had not been finally determined immediately before the commencement day—\n\n(a) the person is taken to have applied for a WWC check; and\n\n(b) the application must be determined under this Act.\n\n","sortOrder":160},{"sectionNumber":"157","sectionType":"section","heading":"Pending re‑assessments—working with children checks","content":"\t157 Pending re‑assessments—working with children checks\n\nIf, before the commencement day, the Secretary was required to re‑assess a person's eligibility to have an assessment notice under Division 5 of Part 2 of the **Working with Children Act 2005** and that re‑assessment had not been finally determined immediately before the commencement day, that re‑assessment must be determined in accordance with this Act.\n\n","sortOrder":161},{"sectionNumber":"158","sectionType":"section","heading":"Transitional provisions—VCAT","content":"\t158 Transitional provisions—VCAT\n\n(1) Subject to subsection (2), an application to VCAT for review of a decision made under a provision of the **Working with Children Act 2005** before the commencement day that had not been finally determined before that day is to be determined on and after that day as if the application was made under the equivalent provision of this Act.\n\n(2) Section 106(2) and (3) do not apply in relation to an application to VCAT that was made before the commencement of section 25(1)(a) and (2) of the **Children Legislation Amendment Act 2019** and that had not been finally determined before the commencement day.\n\n","sortOrder":162},{"sectionNumber":"159","sectionType":"section","heading":"Transitional provisions—NDIS worker screening","content":"\t159 Transitional provisions—NDIS worker screening\n\n(1) Section 118 does not apply to a person if, at the time the offence is alleged to have been committed—\n\n(a) the person was engaged in a risk assessed role by a registered NDIS provider; and\n\n(b) under rule 25(5) or (6) of the NDIS Worker Screening Rules—\n\n(i) the registered NDIS provider was allowed to engage the person in a risk assessed role without a clearance; and\n\n(ii) the person was allowed to engage in a risk assessed role without a clearance.\n\n***registered NDIS provider*** has the same meaning as in the NDIS Act.\n\nPt 9.3 (Headings and ss 160–246) repealed by No. 34/2020 s. 246, new Pt 9.3 (Heading and new ss 160–169) inserted by No. 33/2025 s. 18.\n\nPart 9.3—Transitional provisions—Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025\n\nNew s. 160 inserted by No. 33/2025 s. 18.\n\n","sortOrder":163},{"sectionNumber":"160","sectionType":"section","heading":"Definition","content":"\t160 Definition\n\n***commencement day*** means the day on which the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** comes into operation.\n\nNew s. 161 inserted by No. 33/2025 s. 18.\n\n","sortOrder":164},{"sectionNumber":"161","sectionType":"section","heading":"Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings","content":"\t161 Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings\n\nThe amendments made to this Act by section 8 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply irrespective of whether—\n\n(a) the WWC clearance was given before, on or after the commencement day; or\n\n(b) the Secretary was notified of the relevant charge, conviction or finding of guilt or relevant disciplinary or regulatory finding before, on or after the commencement day; or\n\n(c) the Secretary proposed to revoke the person's WWC clearance under Division 4 of Part 3.4 before, on or after the commencement day.\n\nNew s. 162 inserted by No. 33/2025 s. 18.\n\n","sortOrder":165},{"sectionNumber":"162","sectionType":"section","heading":"Power to cancel WWC clearance","content":"\t162 Power to cancel WWC clearance\n\nThe amendments made to this Act by section 9 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply irrespective of whether the WWC clearance was given before, on or after the commencement day.\n\nSee also section 153.\n\nNew s. 163 inserted by No. 33/2025 s. 18.\n\n","sortOrder":166},{"sectionNumber":"163","sectionType":"section","heading":"Engaging in child‑related work without a WWC clearance","content":"\t163 Engaging in child‑related work without a WWC clearance\n\n(1) The amendments made to this Act by section 12 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply only to offences alleged to have been committed on or after the commencement of that section.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 12 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025**, the offence is alleged to have been committed before that commencement.\n\nNew s. 164 inserted by No. 33/2025 s. 18.\n\n","sortOrder":167},{"sectionNumber":"164","sectionType":"section","heading":"Offence to engage a person who does not have a WWC clearance in child‑related work","content":"\t164 Offence to engage a person who does not have a WWC clearance in child‑related work\n\n(1) The amendments made to this Act by section 13 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply only to offences alleged to have been committed on or after the commencement of that section.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 13 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025**, the offence is alleged to have been committed before that commencement.\n\nNew s. 165 inserted by No. 33/2025 s. 18.\n\n","sortOrder":168},{"sectionNumber":"165","sectionType":"section","heading":"Offence for agency to offer the services of a person who does not have a WWC clearance","content":"\t165 Offence for agency to offer the services of a person who does not have a WWC clearance\n\n(1) The amendments made to this Act by section 14 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply only to offences alleged to have been committed on or after the commencement of that section.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 14 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025**, the offence is alleged to have been committed before that commencement.\n\nNew s. 166 inserted by No. 33/2025 s. 18.\n\n","sortOrder":169},{"sectionNumber":"166","sectionType":"section","heading":"Giving false or misleading information","content":"\t166 Giving false or misleading information\n\nThe amendments made to this Act by section 15 of the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply irrespective of whether the offence is alleged to have been committed before, on or after the commencement day.\n\nSee also section 156.\n\nNew s. 167 inserted by No. 33/2025 s. 18.\n\n","sortOrder":170},{"sectionNumber":"167","sectionType":"section","heading":"Persons excluded from child‑related work under a corresponding working with children law","content":"\t167 Persons excluded from child‑related work under a corresponding working with children law\n\n(1) On and after the commencement day, the Secretary must re‑assess a specified person's eligibility to hold a WWC clearance.\n\n(2) The amendments made to this Act by the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply to a re‑assessment under this section.\n\n***specified person*** means a person—\n\n(a) who was given a WWC clearance on a WWC category B application before the commencement day; or\n\n(b) whose WWC clearance was not revoked on a WWC category B re‑assessment before the commencement day.\n\nNew s. 168 inserted by No. 33/2025 s. 18.\n\n","sortOrder":171},{"sectionNumber":"168","sectionType":"section","heading":"Exclusion notices given on WWC category B applications or re‑assessments before the commencement day","content":"\t168 Exclusion notices given on WWC category B applications or re‑assessments before the commencement day\n\n(1) A person who, on the commencement day, is subject to a WWC exclusion or an interim WWC exclusion given on a WWC category B application of a kind referred to in section 62(1)(d) (as in force immediately before the commencement day), is taken, on and after that day, to be subject to a WWC exclusion or an interim WWC exclusion (as the case may be) given on a WWC category A application.\n\n(2) A person who, on the commencement day, is subject to a WWC exclusion or an interim WWC exclusion given on a WWC category B re‑assessment of a kind referred to in section 84(1)(d) (as in force immediately before the commencement day), is taken, on and after that day, to be subject to a WWC exclusion or an interim WWC exclusion (as the case may be) given on a WWC category A re‑assessment.\n\nNew s. 169 inserted by No. 33/2025 s. 18.\n\n","sortOrder":172},{"sectionNumber":"169","sectionType":"section","heading":"Pending WWC category B applications and re‑assessments","content":"\t169 Pending WWC category B applications and re‑assessments\n\n(1) On and after the commencement day, a specified pending WWC category B application or a specified pending WWC category B re‑assessment is—\n\n(a) taken to be a WWC category A application or WWC category A re‑assessment (as the case may be); and\n\n(b) the amendments made to this Act by the **Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025** apply to the determination of the application or re‑assessment.\n\n***specified pending WWC category B application*** means a WWC category B application that—\n\n(a) is of a kind referred to in section 62(1)(d) (as in force immediately before the commencement day); and\n\n(b) was made but not finally determined before the commencement day;\n\n***specified pending WWC category B re‑assessment*** means a WWC category B re‑assessment that—\n\n(a) is of a kind referred to in section 84(1)(d) (as in force immediately before the commencement day); and\n\n(b) that was commenced but not finally determined before the commencement day.\n\nPt 9.4 (Heading and ss 170–176) inserted by No. 58/2025 s. 128.\n\nPart 9.4—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025\n\nS. 170 inserted by No. 58/2025 s. 128.\n\n","sortOrder":173},{"sectionNumber":"170","sectionType":"section","heading":"Definitions","content":"\t170 Definitions\n\n***commencement day*** means the day on which section 120 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** comes into operation;\n\n***relevant date***, in relation to a document referred to in section 173(1), means the date fixed by the Minister under section 172 for the purposes of that document;\n\n***Secretary*** means Secretary to the Department of Government Services.\n\nS. 171 inserted by No. 58/2025 s. 128.\n\n","sortOrder":174},{"sectionNumber":"171","sectionType":"section","heading":"Ongoing review by VCAT","content":"\t171 Ongoing review by VCAT\n\n(1) Despite its repeal by the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**, Part 4.3 as in force immediately before the commencement day continues to apply (as modified by subsection (4)) in respect of an application made to VCAT—\n\n(a) under Part 4.3 that was not determined before the commencement day; or\n\n(b) under subsection (2).\n\n(2) Subject to subsection (3), despite the repeal of Part 4.3 by the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**, on or after the commencement day a person may apply to VCAT under Part 4.3 as in force immediately before that commencement (as modified by subsection (4)) if the person—\n\n(a) received a notice under section 69(1) or 91(2) before the commencement day that the person had been given a WWC exclusion; and\n\n(b) had not applied to VCAT before the commencement day.\n\n(3) A person must make an application under subsection (2) within 28 days after the later of—\n\n(a) receiving the notice under section 69(1) or 91(2); or\n\n(b) if the person requests a statement of reasons for the decision under the **Victorian Civil and Administrative Tribunal Act 1998**, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(4) For the purposes of this section, Part 4.3 continues to apply as if a reference to \"Secretary\" in sections 106(6), (8) and (9), 107(1), 108 and 109 is taken to be a reference to \"Regulator\".\n\nS. 172 inserted by No. 58/2025 s. 128.\n\n","sortOrder":175},{"sectionNumber":"172","sectionType":"section","heading":"Relevant date","content":"\t172 Relevant date\n\nThe Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of a document under section 173(1).\n\nS. 173 inserted by No. 58/2025 s. 128.\n\n","sortOrder":176},{"sectionNumber":"173","sectionType":"section","heading":"List of staff","content":"\t173 List of staff\n\n(1) Before the relevant date, the Secretary must prepare and submit to the Minister a document signed by the Secretary, listing the executive officers and employees in the Department of Government Services employed under the **Public Administration Act 2004** before the relevant date who perform functions to assist the Secretary to the Department of Justice and Community Safety in relation to the functions of the Secretary to the Department of Justice and Community Safety under this Act.\n\n(2) The document may be amended by instrument signed by the Secretary and given to the Minister and the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an executive officer or employee in the Department of Government Services from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of the person's employment.\n\nS. 174 inserted by No. 58/2025 s. 128.\n\n","sortOrder":177},{"sectionNumber":"174","sectionType":"section","heading":"Transfer of staff to Regulator","content":"\t174 Transfer of staff to Regulator\n\n(1) A person listed as an executive officer or employee in the Department of Government Services under section 173 (a ***transferred employee***) who was an executive officer or employee immediately before the relevant date is taken—\n\n(a) to be employed under Part 3 of the **Public Administration Act 2004** with effect on the relevant date; and\n\n(b) to be employed in the person's new position by the Regulator with effect from the relevant date; and\n\n(c) to be employed on terms and conditions no less favourable overall than those that applied to the person as an executive officer or employee in the Department of Government Services immediately before that date; and\n\n(d) to have accrued an entitlement to benefits in connection with employment under Part 3 of the **Public Administration Act 2004** that is equivalent to the entitlement that the person had accrued, as an executive officer or employee in the Department of Government Services, immediately before the relevant date.\n\n(2) The service of a transferred employee under Part 3 of the **Public Administration Act 2004** is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant date, as an executive officer or employee in the Department of Government Services.\n\n(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee in the Department of Government Services because of the operation of this Part.\n\n(4) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.\n\n(5) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under law, award or agreement with effect any time on or after the relevant date; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of their employment under Part 3 of the **Public Administration Act 2004**.\n\nS. 175 inserted by No. 58/2025 s. 128.\n\n","sortOrder":178},{"sectionNumber":"175","sectionType":"section","heading":"Person responding to enquiry or request before commencement day","content":"\t175 Person responding to enquiry or request before commencement day\n\nDespite the substitution of section 143 by section 102 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**, on and from the commencement day, section 143 as in force immediately before that day continues to apply to a person who responded to an enquiry or a request for advice or information from the Secretary under section 18, 40, 58, 81, 97, 104, 109 or 142 (as in force at that time) before the commencement day.\n\nS. 176 inserted by No. 58/2025 s. 128.\n\n","sortOrder":179},{"sectionNumber":"176","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t176 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Chapter 3 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**, including any repeals, modifications and amendments made by or as a result of the enactment of Chapter 3 of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or after a date that is not earlier than the day on which the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** receives the Royal Assent;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstances;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in this Act or any other Act (other than the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) in any subordinate instrument.\n\n(4) Regulations made under this section may continue in effect for a period of not more than 2 years.\n\n(5) This section is **repealed** on the second anniversary of the day it comes into operation.\n\n","sortOrder":180},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"NDIS category A offences","content":"Schedule 1—NDIS category A offences\n\n","sortOrder":181},{"sectionNumber":"1","sectionType":"section","heading":"An offence specified in clause 2(a) of Schedule 1 to the **Sentencing Act 1991** (murder).","content":"1 An offence specified in clause 2(a) of Schedule 1 to the **Sentencing Act 1991** (murder).\n\n2 A child abuse material offence or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted a child abuse material offence.\n\n3 An offence against any of the following sections of the **Crimes Act 1958**—\n\n(a) section 25 (setting traps etc. to kill);\n\n(b) section 32(1) (offence to perform female genital mutilation on a child);\n\n(c) section 38(1) (rape);\n\n(d) section 39(1) (rape by compelling sexual penetration);\n\n(e) section 49A(1) (sexual penetration of a child under the age of 12);\n\n(f) section 49B(1) (sexual penetration of a child under the age of 16);\n\n(g) section 49C(1) (sexual penetration of a child aged 16 or 17 under care, supervision or authority);\n\n(h) section 49D(1) (sexual assault of a child under the age of 16);\n\n(i) section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority);\n\n(j) section 49F(1) (sexual activity in the presence of a child under the age of 16);\n\n(k) section 49G(1) (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority);\n\n(l) section 49H(1) (causing a child under the age of 16 to be present during sexual activity);\n\n(m) section 49I(1) (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity);\n\n(n) section 49J(1) (persistent sexual abuse of a child under the age of 16);\n\n(o) section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);\n\n(p) section 49L(1) (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity);\n\n(q) section 49M(1) (grooming for sexual conduct with a child under the age of 16);\n\n(r) section 49P(1) (abduction or detention of a child under the age of 16 for a sexual purpose);\n\n(s) section 49Q(1) (causing or allowing a sexual performance involving a child);\n\n(t) section 49R(1) (inviting or offering a sexual performance involving a child);\n\n(u) section 49S(1) (facilitating a sexual offence against a child);\n\n(v) section 53E(1) (aggravated sexual servitude);\n\n(w) section 53G(1) (aggravated deceptive recruiting for commercial sexual services);\n\nSch. 1 cl. 3(wa) inserted by No. 7/2022 s. 82(1).\n\n(wa) section 53H (causing or inducing a child to take part in commercial sexual services);\n\nSch. 1 cl. 3(wb) inserted by No. 7/2022 s. 82(1).\n\n(wb) section 53I (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child);\n\nSch. 1 cl. 3(wc) inserted by No. 7/2022 s. 82(1).\n\n(wc) section 53J (agreement for provision of commercial sexual services by a child);\n\nSch. 1 cl. 3(wd) inserted by No. 7/2022 s. 82(1).\n\n(wd) section 53K (allowing a child to take part in commercial sexual services);\n\n(x) section 54A(1) (bestiality).\n\n4 An offence against any of the following sections of the **Crimes Act 1958** in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 15A(1) (causing serious injury intentionally in circumstances of gross violence);\n\n(b) section 15B(1) (causing serious injury recklessly in circumstances of gross violence);\n\n(c) section 16 (causing serious injury intentionally);\n\n(d) section 17 (causing serious injury recklessly);\n\n(e) section 18 (causing injury intentionally or recklessly);\n\n(f) section 26 (setting traps etc. to cause serious injury);\n\n(g) section 31(1)(a) (assault or threaten to assault with intent to commit indictable offence);\n\n(h) section 32(2) (offence to perform genital mutilation);\n\n(i) section 33(1) (offence to take a person from the State with the intention of having prohibited female genital mutilation performed);\n\n(j) section 41(1) (sexual assault by compelling sexual touching);\n\n(k) section 42(1) (assault with intent to commit a sexual offence);\n\n(l) section 43(1) (threat to commit a sexual offence);\n\n(m) section 46(1) (administration of an intoxicating substance for a sexual purpose);\n\n(n) section 47(1) (abduction or detention for a sexual purpose);\n\n(o) section 48(1) (sexual activity directed at another person);\n\n(p) section 50C(1) (sexual penetration of a child or lineal descendant);\n\n(q) section 50D(1) (sexual penetration of a step‑child);\n\n(r) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);\n\n(s) section 50F(1) (sexual penetration of a sibling or half-sibling);\n\n(t) section 52B(1) (sexual penetration of a person with a cognitive impairment or mental illness);\n\n(u) section 52C(1) (sexual assault of a person with a cognitive impairment or mental illness);\n\n(v) section 52D(1) (sexual activity in the presence of a person with a cognitive impairment or mental illness);\n\n(w) section 52E(1) (causing a person with a cognitive impairment or mental illness to be present during sexual activity).\n\n(x) section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services);\n\n(y) section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude);\n\n(z) section 53D(1) (conducting a business in circumstances involving sexual servitude);\n\nSch. 1 cl. 4(za) amended by No. 7/2022 s. 82(2)(a).\n\n(za) section 53F(1) (deceptive recruiting for commercial sexual services);\n\nSch. 1 cl. 4(zb) inserted by No. 7/2022 s. 82(2)(b).\n\n(zb) section 53L (forcing a person into or to remain in commercial sexual service);\n\nSch. 1 cl. 4(zc) inserted by No. 7/2022 s. 82(2)(b).\n\n(zc) section 53M (forcing a person to provide financial support out of commercial sexual services);\n\nSch. 1 cl. 4(zd) inserted by No. 7/2022 s. 82(2)(b).\n\n(zd) section 53N (living on the earnings of a person providing unlawful  commercial sexual services).\n\n5 An offence against any of the following sections of the **Crimes Act 1958** in circumstances where the person against whom the offence is committed is a child—\n\n(a) section 44(1) (procuring sexual act by threat);\n\n(b) section 45(1) (procuring sexual act by fraud).\n\n6 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**—\n\n(a) section 44(1) (rape);\n\n(b) section 44(2) (rape with mitigating circumstances);\n\n(c) section 46 (unlawfully and carnally knowing and abusing a girl under the age of 10);\n\n(d) section 47 (assault with intent to unlawfully and carnally know girl under the age of 10);\n\n(e) section 47 (attempting to unlawfully and carnally know girl under the age of 10);\n\n(f) section 48(2) (assault with intent to unlawfully and carnally know girl aged between 10 and 16).\n\n7 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 52(1) (unlawfully and carnally knowing woman or girl aged 10 or above who is daughter, lineal descendant or step‑daughter);  \n\n(b) section 52(2) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is daughter, step-daughter or lineal descendant);\n\n(c) section 52(2) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is daughter, step‑daughter or lineal descendant);\n\n(d) section 52(3) (unlawfully and carnally knowing woman or girl aged 10 or above who is sister or mother);\n\n(e) section 52(4) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is sister or mother);\n\n(f) section 52(4) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is sister or mother);\n\n(g) section 54(1) (carnal knowledge of female mentally ill or intellectually defective person);\n\n(h) section 54(1) (attempted carnal knowledge of female mentally ill or intellectually defective person);\n\n(i) section 54(1) (assault with intent to carnally know female mentally ill or intellectually defective person);\n\n(j) section 58 (owner or occupier of premises induces or knowingly suffers any girl to be on premises to be unlawfully and carnally known by any man);\n\n(k) section 62 (forcible abduction of woman with intent to marry or carnally know, or to be married or carnally known).\n\n8 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 55(1) (unlawfully and indecently assault woman or girl) (as amended) of the **Crimes Act** **1958**, repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**, in circumstances where the person against whom the offence is committed is a vulnerable person.\n\n  9 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**, in circumstances where the person against whom the offence is committed is a child—\n\n(a) section 53(1) (adult female permitting carnal knowledge by father, lineal ancestor, step‑father, brother or son);\n\n(b) section 57(1) (procuring defilement of girl by threats or fraud);\n\n(c) section 57(1) (attempting to procure defilement of girl by threats or fraud).\n\n10 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 6 of the **Crimes (Sexual Offences) Act 1980**,  in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 68(1) (buggery with any person under the age of 14 years);\n\n(b) section 68(1) (buggery with violence);\n\n(c) section 68(3) (assault with intent to commit buggery);\n\n(d) section 69(1)(b) (inciting, procuring or attempting to procure girl under the age of 16 for act of gross indecency).\n\n11 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 6 of the **Crimes (Sexual Offences) Act 1980**—\n\n(a) section 68(2) (buggery with any animal);\n\n(b) section 68(3) (attempting buggery with any animal).\n\n12 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 8(2) of the **Crimes (Amendment) Act 1985**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 17 (intentionally causing grievous bodily harm or shooting etc. with intention to do grievous bodily harm);\n\n(b) section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm);\n\n(c) section 23 (unlawfully and maliciously administering poison with intent to injure);\n\n(d) section 37 (assault occasioning actual bodily harm);\n\n(e) section 37 (common assault).\n\n13 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**—\n\n(a) section 45(1) (rape);\n\n(b) section 45(2) (attempted rape);\n\n(c) section 45(3) (aggravated rape);\n\n(d) section 45(4) (attempted rape with aggravating circumstances);\n\n(e) section 45(4) (assault with intent to commit rape with aggravating circumstances);\n\n(f) section 47(1) (sexual penetration of child under the age of 10);\n\n(g) section 47(2) (assault with intent to sexually penetrate child under the age of 10);\n\n(h) section 49(2) (assault person aged 16 or 17 with intent to take part in sexual penetration);\n\n(i) section 49(3) (assault person aged 16 or 17 under care, supervision or authority with intent to take part in sexual penetration);\n\n(j) section 58(1) (bestiality);\n\n(k) section 58(2) (attempting to commit bestiality).\n\n14 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**,  in circumstances  where the person against whom the offence is committed is a child or a vulnerable person—\n\n(b) section 44(2) (indecent assault with aggravated circumstances);\n\n(c) section 51(2)(a) (take part in act of sexual penetration with mentally ill or intellectually defective person);\n\n(d) section 51(2)(a) (attempt to take part in act of sexual penetration with mentally ill or intellectually defective person);\n\n(e) section 51(2)(b) (assault with intent to take part in act of sexual penetration with mentally ill or intellectually defective person);\n\n(f) section 52(1) (sexual penetration of person aged 10 years or above who is child, lineal descendant or step-child);\n\n(g) section 52(2) (attempted sexual penetration of person aged 10 years or above who is child, lineal descendant or step-child);\n\n(h) section 52(2) (assault with intent to sexually penetrate person aged 10 years or above who is child, lineal descendant or step-child);\n\n(i) section 52(4) (sexual penetration of person aged 10 years or above who is sibling or half-sibling);\n\n(j) section 52(5) (attempted sexual penetration of person aged 10 years or above who is sibling or half-sibling);\n\n(k) section 52(5) (assault with intent to sexually penetrate person aged 10 years or above who is sibling or half-sibling);\n\n(l) section 54(1)(b) (procuring sexual penetration by false representation or pretence);\n\n(m) section 54(1)(b) (attempting to procure sexual penetration outside marriage by false representation or pretence);\n\n(n) section 55(1)(a) (administration of drugs etc.);\n\n(o) section 56(b) (taking away by force or detaining person with intent to take part in sexual penetration).\n\n15 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**, in circumstances where the person against whom the offence is committed is a child—\n\n(a) section 54(1)(a) (procuring person by threats or intimidation);\n\n(b) section 54(1)(a) (attempting to procure person by threats or intimidation).\n\n16 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 3 of the **Crimes (Rape) Act 1991**—\n\n(a) section 40 (rape);\n\n(b) section 41 (rape with aggravating circumstances).\n\n17 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 42 (indecent assault) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 3 of the **Crimes (Rape) Act 1991**, in circumstances where the person against whom the offence is committed is a vulnerable person.\n\n18 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 43 (indecent assault with aggravating circumstances) (as amended) of the **Crimes Act** **1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 3 of the **Crimes (Rape) Act 1991**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n19 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 45(1) (sexual penetration of child under the age of 10) (as amended) of the **Crimes Act** **1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 5 of the **Crimes (Amendment) Act 2000**.\n\n20 An offence against section 49(1) (indecent act with 16 year old child under care, supervision or authority) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 13 of the **Crimes (Sexual Offences) Act 2006**.\n\n21 An offence against section 52(1) (sexual penetration of resident of residential facility) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act** **1991** and repealed by section 17(2) of the **Crimes (Sexual Offences) Act 2006**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n22 An offence against section 52(2) (indecent act with resident of residential facility) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 17(3) of the **Crimes (Sexual Offences) Act 2006**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n23 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by section 58 (procuring sexual penetration of child under the age of 16) (as amended) of the **Crimes Act** **1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 18 of the **Crimes (Sexual Offences) Act** **2006**.\n\n24 An offence against section 60(1) (soliciting acts of sexual penetration or indecent acts) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 19 of the **Crimes (Sexual Offences) Act 2006**.\n\n25 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act** **1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act** **2016**—\n\n(a) section 47A(1) (sexual relationship with child under the age of 16 under care, supervision or authority);\n\n(b) section 48(1) (sexual penetration of 16 or 17 year old child under care, supervision or authority);\n\n(c) section 54 (occupier etc. permitting unlawful sexual penetration of a child under the age of 17);\n\n(d) section 56(1) (abduction of child under the age of 16);\n\n(e) section 56(2) (abduction of child under the age of 16);\n\n(f) section 59(1) (bestiality).\n\n26 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 44(1) (incest with child lineal descendant or step-child);\n\n(b) section 44(2) (incest with child, lineal descendant or step-child of de facto spouse);\n\n(c) section 44(4) (incest with sibling or half‑sibling);\n\n(d) section 51(1) (sexual penetration of person with impaired mental functioning);\n\n(e) section 51(2) (indecent act with person with impaired mental functioning);\n\n(f) section 53(1) (administration of drugs etc.);\n\n(g) section 55 (abduction or detention).\n\n27 An offence against section 40(1) (assault with intent to rape) (as amended) of the **Crimes Act 1958**,  inserted by section 20 of the **Sentencing (Amendment) Act 1993** and repealed by section 4 of the **Crimes Amendment (Sexual Offences and Other Matters) Act 2014**.\n\n28 An offence against section 60A(1) (sexual offence while armed with an offensive weapon) (as amended) of the **Crimes Act 1958**, inserted by section 21 of the **Sentencing (Amendment) Act 1993** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n29 An offence against section 49A(1) (facilitating sexual offences against children) (as amended) of the **Crimes Act 1958**, inserted by section 93 of the **Sex Work Act 1994** and repealed by section 16 of the **Crimes Amendment (Sexual** **Offences) Act 2016**.\n\n30 An offence against any of the following sections (as amended) of the **Crimes Act 1958**,  inserted by section 3 of the **Justice Legislation (Sexual Offences and Bail) Act 2004** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 60AB(2) (sexual servitude);\n\n(b) section 60AB(3) (sexual servitude);\n\n(c) section 60AB(4) (sexual servitude);\n\n(d) section 60AC(1) (aggravated sexual servitude);\n\n(e) section 60AD(1) (deceptive recruiting for commercial sexual services);\n\n(f) section 60AE(1) (aggravated deceptive recruiting for commercial sexual services).\n\n31 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 7 of the **Justice Legislation (Sexual Offences and Bail) Act 2004** and repealed by section 18 of the **Crimes Amendment (Sexual Offences) Act 2016**—\n\n(a) section 70AC(a) (inviting minor to be concerned in sexual performance);\n\n(b) section 70AC(d) (offering minor to be concerned in sexual performance).\n\n32 An offence against section 38A (compelling sexual penetration) (as amended) of the **Crimes Act 1958**, inserted by section 7 of the **Crimes (Sexual Offences) Act 2006** and repealed by section 4 of the **Crimes Amendment (Sexual Offences and Other Matters) Act 2014**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n33 An offence against section 49(1) (indecent act with 16 or 17 year old child) (as amended) of the **Crimes Act 1958**, inserted by section 13 of the **Crimes (Sexual Offences) Act 2006** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\n34 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 16 of the **Crimes (Sexual Offences) Act 2006** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 51(1) (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services);\n\n(b) section 51(2) (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services).\n\n35 An offence against section 52(1) (sexual offences against persons with a cognitive impairment by providers of special programs) (as amended) of the **Crimes Act 1958**, inserted by section 17(2) of the **Crimes (Sexual Offences) Act 2006** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n36 An offence against section 52(2) (sexual offences against persons with a cognitive impairment by providers of special programs) (as amended) of the **Crimes Act 1958**, inserted by section 17(3) of the **Crimes (Sexual Offences) Act 2006** and repealed by section 16 of the **Crimes** **Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n37 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 18 of the **Crimes (Sexual Offences) Act 2006** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**—\n\n(a) section 58(1) (procuring sexual penetration of a child);\n\n(b) section 58(2) (procuring sexual penetration of a child).\n\n38 An offence against section 49B(2) (grooming for sexual conduct with child under the age of 16 years) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes Amendment (Grooming) Act 2014** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\n39 An offence against section 70(1) (possession of child pornography) (as amended) of the **Crimes Act 1958**, inserted by section 88 of the **Classification (Publications, Films and Computer Games) (Enforcement) Act 1995** and repealed by section 6 of the **Crimes (Amendment) Act 2000**.\n\n40 An offence against section 58(1) (publication or transmission of certain material to minors) (asamended) of the **Classification (Publications, Films and Computer Games) (Enforcement) Act 1995**.\n\n41 An offence against section 60A(1) (possession ofchild pornography) (as amended) of the **Classification of Films and Publications Act 1990**, inserted by section 3 of the **Classification of Films and Publications (Amendment) Act 1992**.  \n\n42 An offence against section 45 (procurement of child for objectionable film) (as amended) of the **Classification of Films and Publications Act 1990**.\n\n43 An offence against section 11(3) (making objectionable film) (as amended) of the **Films (Classification) Act 1984**.\n\nSch. 1 cl. 44 amended by No. 7/2022 s. 82(3).\n\n44 An offence against any of the following sections (as amended) of the **Sex Work Act 1994** despite its repeal by the **Sex Work Decriminalisation Act 2022**—\n\n(a) section 5(1) (causing or inducing child to take part in sex work);\n\n(b) section 6(1) (obtaining payment for sexual services provided by a child);\n\n(c) section 7(1) (agreement for provision of sexual services by a child);\n\n(d) section 11(1) (allowing child to take part in sex work).\n\n45 An offence against any of the following sections (as amended) of the **Prostitution Regulation Act 1986** as in force immediately before its repeal—\n\n(a) section 6(1) (offence to cause or induce child to take part in prostitution);\n\n(b) section 7(1) (offence to allow child to take part in prostitution);\n\n(c) section 8(1) (offence to obtain payment in respect of sexual services provided by a child);\n\n(d) section 9(1) (offence to enter into agreement under which child is to provide sexual services).\n\n46 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the **Summary Offences Act 1966** in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 24(1)(a) (aggravated assault of male child under the age of 14 or any female);\n\n(b) section 24(2) (assault in company or assault by kicking or with weapon or instrument);\n\n(c) section 41H(2) (give food or drink containing intoxicating substance intending harm).\n\n47 Any of the following offences in circumstances other than where there is a familial relationship between the offender and the person against whom the offence is committed—\n\n(a) an offence against section 63(1) (childstealing) of the **Crimes Act 1958**;\n\n(b) an offence against section 63(2) (takes, decoys or entices away a child) of the **Crimes Act 1958**;\n\n(c) an offence against section 63A (kidnapping) of the **Crimes Act 1958** if the person against whom the offence is committed is a child;\n\n(d) any of the following common law offences if the person against whom the offence is committed is a child—\n\n(ii) stealing or unlawfully carrying a person away against their will.\n\n48 Any of the following offences in circumstances where the person against whom the offence is committed is a vulnerable person—\n\n(a) an offence against section 63A (kidnapping) of the **Crimes Act 1958**;\n\n(b) any of the following common law offences—\n\n(ii) stealing or unlawfully carrying a person away against their will.\n\n49 An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(a) section 271.4 (offence of trafficking in children);\n\n(b) section 271.7 (offence of domestic trafficking in children);\n\n(c) section 272.8 (sexual intercourse with child outside Australia);\n\n(d) section 272.9 (sexual activity (other than sexual intercourse) with child outside Australia);\n\n(e) section 272.10(1) (aggravated offence—child with mental impairment or under care, supervision or authority of defendant);\n\n(f) section 272.11(1) (persistent sexual abuse of child outside Australia);\n\n(g) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority);\n\n(h) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority);\n\n(i) section 272.14(1) (procuring child to engage in sexual activity outside Australia);\n\n(j) section 272.15(1) (\"grooming\" child to engage in sexual activity outside Australia);\n\n(k) section 272.18(1) (benefiting from offence against Division 272);\n\n(l) section 272.19(1) (encouraging offence against Division 272);\n\n(m) section 272.20(1) (preparing for or planning offence against Division 272);\n\n(n) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia);\n\n(o) section 273.7 (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people);\n\n(p) section 471.19 (using a postal or similar service for child abuse material);\n\n(q) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service);\n\n(r) section 471.22 (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people);\n\n(s) section 471.24 (using a postal or similar service to procure persons under 16);\n\n(t) section 471.25 (using a postal or similar service to \"groom\" persons under 16);\n\n(u) section 471.26 (using a postal or similar service to send indecent material to person under 16);\n\n(v) section 474.24A (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people);\n\n(w) section 474.25A (using a carriage service for sexual activity with person under 16 years of age);\n\n(x) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant);\n\n(y) section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16);\n\n(z) section 474.27A (using a carriage service to transmit indecent communication to person under 16 years of age).\n\n50 An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 71.8 (unlawful sexual penetration);\n\n(b) section 270.3 (slavery offences);\n\n(c) section 270.5 (servitude offences);\n\n(d) section 270.6A (forced labour offences);\n\n(e) section 270.7 (deceptive recruiting for labour or services);\n\n(f) section 270.7B (forced marriage offences);\n\n(g) section 270.7C (offence of debt bondage);\n\n(h) section 271.2 (offence of trafficking in persons);\n\n(i) section 271.3 (trafficking in persons—aggravated offence);\n\n(j) section 271.5 (offence of domestic trafficking in persons);\n\n(k) section 271.6 (domestic trafficking in persons—aggravated offence);\n\n(l) section 271.7B (offence of organ trafficking—entry into and exit from Australia);\n\n(m) section 271.7C (organ trafficking—aggravated offence);\n\n(n) section 271.7D (offence of domestic organ trafficking);\n\n(o) section 271.7E (domestic organ trafficking—aggravated offence);\n\n(p) section 274.2 (torture).\n\n51 An offence against any of the following sections (as amended) of the Criminal Code of the Commonwealth, repealed by clause 12 of Schedule 1 to the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 of the Commonwealth, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) section 270.6 (sexual servitude offences);\n\n(b) section 270.7 (deceptive recruiting for sexual services);\n\n(c) section 271.9 (debt bondage—aggravated offence).\n\n52 An offence against section 271.9 (aggravated debt bondage) (as amended) of the Criminal Code of the Commonwealth, repealed by clause 42 of Schedule 1 to the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 of the Commonwealth, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n53 Any of the following common law offences—\n\n(a) rape;\n\n(b) assault with intent to rape.\n\n54 The common law offence of assault causing injury in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n\t55 An offence of attempting to commit an offence specified in clauses 1 to 54 of this Schedule, other than an offence specified in clauses 2, 39, 40, 41, 43 and 49(n), (o), (p), (q), (r), (u) and (z).\n\n56 An offence of incitement to commit an offence specified in clauses 1 to 54 of this Schedule.\n\n57 An offence of conspiracy to commit an offence specified in clauses 1 to 54 of this Schedule.\n\n58 An offence under a law of a jurisdiction other than Victoria that, if committed in Victoria, would have constituted an offence specified in clause 1 or clauses 3 to 57 of this Schedule.\n\n59 An offence against section 42 (indecent assault) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 3 of the **Crimes (Rape) Act 1991**, in circumstances where the person against whom the offence is committed is a child.\n\n60 An offence against section 47(1) (indecent act with child under the age of 16) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\n61 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**, in circumstances where the person against whom the offence is committed is a child—\n\n(b) section 48(1) (sexual penetration with person aged between 10 and 16);\n\n(c) section 48(2) (attempted sexual penetration with person aged between 10 and 16);\n\n(d) section 49(1) (sexual penetration with person aged 16 or 17);\n\n(e) section 49(2) (attempted sexual penetration with person aged 16 or 17);\n\n(f) section 50(1)(a) (commission of act of gross indecency in presence of person aged under 16).\n\n62 An offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act** **1991** and repealed by section 5 of the **Crimes (Amendment) Act 2000**.\n\n63 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**, in circumstances where the person against whom the offence is committed is a child—\n\n(a) section 48(1) (unlawfully and carnally knowing girl aged between 10 and 16);\n\n(b) section 48(2) (attempting to unlawfully and carnally know girl aged between 10 and 16);\n\n(c) section 55(1) (unlawfully and indecently assault woman or girl).\n\n64 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 6 of the **Crimes (Sexual Offences) Act 1980**—\n\n(a) section 69(1)(a) (committing act of gross indecency with or in the presence of girl under the age of 16);\n\n(b) section 69(1)(c) (being party to the commission of act of gross indecency in presence of girl under the age of 16).\n\n65 An offence against section 45(1) (sexual penetration of a child under the age of 16) (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Amendment) Act 2000** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\n66 An offence against section 47(1) (indecent act with child under the age of 16) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**.\n\n67 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**—\n\n(a) section 50(1)(a) (committing or being party to commission of act of gross indecency in presence of person under the age of 16);\n\n(b) section 50(1)(b) (procuring, inciting or attempting to procure commission of act of gross indecency in presence of person under the age of 16).\n\n68 The common law offence of indecent assault against a boy in circumstances where the person against whom the offence is committed is a child.\n\n69 The common law offence of indecent assault against a girl in circumstances where the person against whom the offence is committed is a child.\n\n70 An offence of attempting to commit an offence specified in clauses 59 to 69 of this Schedule.\n\n71 An offence under a law of a jurisdiction other than Victoria that, if committed in Victoria, would have constituted an offence specified in clauses 59 to 70 of this Schedule.\n\n","sortOrder":182},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"WWC category A offences","content":"Schedule 2—WWC category A offences\n\n1 An offence (other than a child abuse material offence, a carnal knowledge offence or an offence specified in clause 4, 5, 6, 7 or 8 of this Schedule) 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 a child or, in the case of an offence of bestiality, against an animal.\n\n2 A child abuse material offence or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted a child abuse material offence.\n\n3 An offence specified in clause 2(a) of Schedule 1 to the **Sentencing Act 1991** (murder).\n\n4 The common law offence of rape.\n\n5 An offence against section 38 (rape) of the **Crimes Act 1958**.\n\n6 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 3 of the **Crimes (Rape) Act 1991**—\n\n(a) section 40 (rape);\n\n(b) section 41 (rape with aggravating circumstances).\n\n7 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**—\n\n(a) section 45(1) (rape);\n\n(b) section 45(3) (rape with aggravating circumstances).\n\n8 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**—\n\n(a) section 44(1) (rape);\n\n(b) section 44(2) (rape with mitigating circumstances).\n\n9 An offence of attempting to commit an offence specified in clause 1, 3, 4, 5, 6, 7 or 8 of this Schedule.\n\n10 An offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence specified in clause 1, 3, 4, 5, 6, 7, 8 or 9 of this Schedule.\n\n","sortOrder":183},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"NDIS category B offences","content":"Schedule 3—NDIS category B offences\n\n1 An offence specified in any of the following clauses of Schedule 1 to the **Sentencing Act 1991**—\n\n(a) clause 2(b) (manslaughter);\n\n(b) clause 2(baa) (child homicide).\n\n2 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the **Crimes Act 1958**—\n\n(a) section 3A(1) (unintentional killing in the course or furtherance of a crime of violence);\n\n(b) section 6(1) (infanticide);\n\n(c) section 6B(2)(a) (inciting another person to commit suicide);\n\n(d) section 6B(2)(b) (aiding or abetting another person in committing or attempting to commit suicide);\n\n(e) section 49N(1) (loitering near schools etc. by sexual offender);\n\n(f) section 49O(1) (failure by a person in authority to protect a child from a sexual offence);\n\n(g) section 197A (arson causing death);\n\n(h) section 318(1) (culpable driving causing death);\n\n(i) section 319(1) (dangerous driving causing death).\n\n3 An offence against any of the following sections of the **Crimes Act 1958** in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\nSch. 3 cl. 3(aa) inserted by No. 38/2022 s. 36(a).\n\n(aa) section 53R(1) (producing intimate image);\n\nSch. 3 cl. 3(aab) inserted by No. 38/2022 s. 36(a).\n\n(aab) section 53S(1) (distributing intimate image);\n\nSch. 3 cl. 3(aac) inserted by No. 38/2022 s. 36(a).\n\n(aac) section 53T(1) (threat to distribute intimate image);\n\n(a) section 81(1) (obtaining property by deception);\n\n(b) section 82(1) (obtaining financial advantage by deception);\n\n(c) section 178(a) (giving or receiving false or misleading receipt or account an indictable offence);\n\n(d) section 191(1) (fraudulently inducing persons to invest money).\n\n4 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the **Crimes Act 1958** in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(a) section 15A(1) (causing serious injury intentionally in circumstances of gross violence);\n\n(b) section 15B(1) (causing serious injury recklessly in circumstances of gross violence);\n\n(c) section 16 (causing serious injury intentionally);\n\n(d) section 17 (causing serious injury recklessly);\n\n(e) section 18 (causing injury intentionally or recklessly);\n\n(f) section 31(1)(a) (assault or threaten to assault with intent to commit indictable offence);\n\n(g) section 32(2) (offence to perform female genital mutilation);\n\n(h) section 33(1) (offence to take a person from the State with the intention of having prohibited female genital mutilation performed);\n\n(i) section 40(1) (sexual assault);\n\n(j) section 41(1) (sexual assault by compelling sexual touching);\n\n(k) section 42(1) (assault with intent to commit a sexual offence);\n\n(l) section 43(1) (threat to commit a sexual offence);\n\n(m) section 46(1) (administration of an intoxicating substance for a sexual purpose);\n\n(n) section 47(1) (abduction or detention for a sexual purpose);\n\n(o) section 50C(1) (sexual penetration of a child or lineal descendant);\n\n(p) section 50D(1) (sexual penetration of a step‑child);\n\n(q) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);\n\n(r) section 50F(1) (sexual penetration of a sibling or half-sibling);\n\n(s) section 53F(1) (deceptive recruiting for commercial sexual services).\n\n5 An offence against any of the following sections of the **Crimes Act 1958** in circumstances where a person suffers injury as a direct result of the offence—\n\n(a) section 75A (armed robbery);\n\n(b) section 77 (aggravated burglary);\n\n(c) section 77A(1) (home invasion) if, at the time the person enters the home, the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive;\n\n(d) section 77B(2) (aggravated home invasion), in circumstances where the person commits the aggravated home invasion with intent to commit an offence, punishable by imprisonment for a term of 5 years or more, involving an assault to a person in the home;\n\n(e) section 79A(2) (aggravated carjacking), in circumstances where the person who commits the aggravated carjacking causes injury to another person in the course of the carjacking.\n\n6 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**,  repealed by section 5 of the **Crimes (Sexual Offences) Act 1980**, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person**—**\n\n(a) section 52(1) (unlawfully and carnally knowing woman or girl aged 10 or above who is daughter, lineal descendant or step‑daughter);\n\n(b) section 52(2) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is daughter, lineal descendant or step-daughter);\n\n(c) section 52(2) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is daughter, lineal descendant or step-daughter);\n\n(d) section 52(3) (unlawfully and carnally knowing woman or girl aged 10 or above who is sister or mother);\n\n(e) section 52(4) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is mother or sister);\n\n(f) section 52(4) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is mother or sister);\n\n(g) section 55(1) (unlawfully and indecently assault any woman or girl);\n\n(h) section 58 (owner or occupier of premises induces or knowingly suffers any girl to be on premises to be unlawfully and carnally known by any man);\n\n(i) section 62 (forcible abduction of woman with intent to marry or carnally know);\n\n(j) section 68(1) (buggery with violence);\n\n(k) section 68(2) (buggery with mankind or any animal);\n\n(l) section 68(3) (attempt buggery with mankind or animal);\n\n(m) section 68(3) (assault with intent to commit buggery);\n\n(n) section 68(3) (any indecent assault upon any male person);\n\n(o) section 69(4) (male person commits or is party to the commission of or procures or attempts act of gross indecency with another male person).\n\n7 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 5 of the **Crimes (Sexual Offences) Act 1980** and repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(b) section 44(2) (indecent assault with aggravating circumstances);\n\n(c) section 52(1) (sexual penetration with person aged 10 years or above and who is child, lineal descendant or step-child);\n\n(d) section 52(2) (attempted sexual penetration with person aged 10 years or above who is child, lineal descendant or step-child);\n\n(e) section 52(2) (assault with intent to sexually penetrate person aged 10 years or above who is child, lineal descendant or step-child);\n\n(f) section 52(3) (person aged 18 or above permits father, mother, lineal ancestor or step-parent to take part in act of sexual penetration);\n\n(g) section 52(4) (sexual penetration with person aged 10 years or above who is sibling or half-sibling);\n\n(h) section 52(5) (attempted sexual penetration with person aged 10 years or above who is sibling or half-sibling);\n\n(i) section 52(5) (assault with intent to sexually penetrate person aged 10 years or above who is sibling or half-sibling);\n\n(j) section 54(1)(b) (person procures by false representation or pretence or attempts to procure person to take part in sexual penetration outside marriage);\n\n(k) section 56(b) (taking away by force or detaining person with intent to take part in sexual penetration);\n\n(l) section 61 (unlawful detention for the purpose of sexual penetration).\n\n8 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the **Crimes Act 1958**, repealed by section 8(2) of the **Crimes (Amendment) Act 1985**,  in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(a) section 17 (intentionally causing grievous bodily harm or shooting etc. with intention to do grievous bodily harm);\n\n(b) section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm).\n\n9 An offence against section 19A (intentionally causing a very serious disease) (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (HIV) Act 1993** and repealed by section 3 of the **Crimes Amendment (Repeal of Section 19A) Act 2015**,  in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.\n\n10 An offence against section 37 (assault occasioning actual bodily harm or a common assault) of the **Crimes Act 1958**, repealed by section 3 of the **Crimes (Sexual Offences) Act 1991**,  in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.\n\n11 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 3 of the **Crimes (Rape) Act 1991**,  in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(a) section 42 (indecent assault);\n\n(b) section 43 (indecent assault with aggravating circumstances).\n\n12 An offence for which the maximum penalty is fixed by section 10(1) (child destruction) (as amended) of the **Crimes Act 1958**, repealed by section 9 of the **Abortion Law Reform Act** **2008**.\n\n13 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Crimes (Sexual Offences) Act** **1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act** **2016**, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(a) section 44(1) (incest with child, lineal descendant or step-child);\n\n(b) section 44(3) (incest with lineal ancestor or step-parent);\n\n(c) section 44(4) (incest with half-sibling);\n\n(d) section 53(1) (administration of drugs etc.);\n\n(e) section 55 (abduction or detention).\n\n14 An offence against section 60A(1) of the **Crimes Act 1958** (sexual offence while armed with an offensive weapon) ) (as amended) inserted by section 21 of the **Sentencing (Amendment) Act** **1993** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act** **2016** in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.\n\n15 An offence against any of the following sections (as amended) of the **Crimes Act 1958**, inserted by section 3 of the **Justice Legislation (Sexual Offences and Bail) Act 2004** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(a) section 60AB(2) (sexual servitude);\n\n(b) section 60AB(3) (sexual servitude);\n\n(c) section 60AB(4) (sexual servitude);\n\n(d) section 60AD(1) (deceptive recruiting for commercial sexual services).\n\n16 Any of the following offences in circumstances where there is a familial relationship between the offender and the child against whom the offence is committed—\n\n(a) an offence against any of the following sections of the **Crimes Act 1958—**\n\n(i) section 63(1) (child stealing);\n\n(ii) section 63(2) (takes, decoys or entices away a child);\n\n(iii) section 63A (kidnapping);\n\n(b) any of the following common law offences—\n\n(ii) stealing or unlawfully carrying away against one's will.\n\n17 An offence against section 261(1) (offence to fail to protect child from harm) of the **Children and Young Persons Act 1989**.\n\n18 An offence against section 493 (offence to fail to protect children from harm) of the **Children, Youth and Families Act 2005**.\n\n19 An offence against any of the following sections of the **Drugs, Poisons and Controlled Substances Act 1981—**\n\n(a) section 71(1) (trafficking in a drug or drugs of dependence—large commercial quantity);\n\n(b) section 71AA (trafficking in a drug or drugs of dependence—commercial quantity);\n\n(c) section 71AB (trafficking in a drug of dependence to a child);\n\n(d) section 71B (supply of drug of dependence to a child);\n\n(e) section 72 (cultivation of narcotic plants—large commercial quantity);\n\n(f) section 72A (cultivation of narcotic plants—commercial quantity);\n\n(g) section 79(1) (conspiring) in circumstances where the conspiracy is to commit an offence against section 71(1), 71AA or 72A;\n\n(h) section 80(1) (inciting  etc*.*) in circumstances where the person incites the commission of an offence against section 71.\n\n20 An offence against any of the following sections of the **Drugs, Poisons and Controlled Substances Act 1981**, as in force immediately before the commencement of section 5 of the **Drugs, Poisons and Controlled Substances (Amendment) Act 2001**—\n\n(a) section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;\n\n(b) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence against section 71(1) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;\n\n(c) section 80(1) (aiding, abetting, counselling, procuring, soliciting or incitement) in circumstances where the person aids, abets, counsels, procures, solicits or incites the commission of an offence against section 71(1) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence.\n\n21 An offence against section 80(1) (aiding, abetting, counselling, procuring, soliciting or incitement) of the **Drugs, Poisons and Controlled Substances Act 1981**, as in force immediately before the commencement of section 7 of the **Crimes Amendment (Abolition of Defensive Homicide) Act 2014**, where the offence is committed on or after 1 January 2002 in circumstances where the person aids, abets, counsels, procures, solicits or incites the commission of an offence against section 71(1) or 71AA.\n\n22 An offence against section 10(1) of the **Prevention of Cruelty to Animals Act 1986** (aggravated cruelty).\n\n23 An offence against any of the following sections of the **Summary Offences Act 1966** in circumstances where the person against whom the offence is committed is not a child or a vulnerable person—\n\n(a) section 24(1)(a) (aggravated assault);\n\n(b) section 24(2) (aggravated assault in company).\n\nSch. 3 cl. 24 amended by No. 38/2022 s. 36(b).\n\n24 An offence against section 41A of the **Summary Offences Act 1966** (observation of genital or anal region) in circumstances where the person against whom the offence is committed is a child or a vulnerable person.\n\n25 An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(a) section 72.3 (offences);\n\n(b) section 101.1 (terrorist acts);\n\n(c) section 101.2 (providing or receiving training connected with terrorist acts);\n\n(d) section 101.4 (possessing things connected with terrorist acts);\n\n(e) section 101.5 (collecting or making documents likely to facilitate terrorist acts);\n\n(f) section 101.6 (other acts done in preparation for, or planning, terrorist acts);\n\n(g) section 102.2 (directing the activities of a terrorist organisation);\n\n(h) section 102.3 (membership of a terrorist organisation);\n\n(i) section 102.4 (recruiting for a terrorist organisation);\n\n(j) section 102.5 (training involving a terrorist organisation);\n\n(k) section 102.6 (getting funds to, from or for a terrorist organisation);\n\n(l) section 102.7 (providing support to a terrorist organisation);\n\n(m) section 102.8 (associating with terrorist organisations);\n\n(n) section 103.1 (financing terrorism);\n\n(o) section 103.2 (financing a terrorist).\n\n26 An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where the person against whom the offence is committed is an adult who is not a vulnerable person—\n\n(a) section 71.8 (unlawful sexual penetration);\n\n(b) section 270.3 (slavery offences);\n\n(c) section 270.5 (servitude offences);\n\n(d) section 270.6A (forced labour offences);\n\n(e) section 270.7 (deceptive recruiting for labour or services);\n\n(f) section 270.7B (forced marriage offences);\n\n(g) section 270.7C (offence of debt bondage);\n\n(h) section 271.2 (offence of trafficking in persons);\n\n(i) section 271.3 (trafficking in persons—aggravated offence);\n\n(j) section 271.5 (offence of domestic trafficking in persons);\n\n(k) section 271.6 (domestic trafficking in persons—aggravated offence);\n\n(l) section 271.7D (offence of domestic organ trafficking);\n\n(m) section 271.7E (domestic organ trafficking—aggravated offence);\n\n(n) section 274.2 (torture);\n\n(o) section 474.17A (aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence).\n\n27 An offence against any of the following sections of the Criminal Code of the Commonwealth—\n\n(a) section 302.2 (trafficking commercial quantities of controlled drugs);\n\n(b) section 303.4 (cultivating commercial quantities of controlled plants);\n\n(c) section 304.1 (selling commercial quantities of controlled plants);\n\n(d) section 309.2 (supplying controlled drugs to children);\n\n(e) section 309.3 (supplying marketable quantities of controlled drugs to children for trafficking);\n\n(f) section 309.4 (supplying controlled drugs to children for trafficking);\n\n(g) section 309.7 (procuring children for trafficking marketable quantities of controlled drugs);\n\n(h) section 309.8 (procuring children for trafficking controlled drugs);\n\n(i) section 309.10 (procuring children for pre‑trafficking marketable quantities of controlled precursors);\n\n(j) section 309.11 (procuring children for pre‑trafficking controlled precursors);\n\n(k) section 309.12 (procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants);\n\n(l) section 309.13 (procuring children for importing or exporting border controlled drugs or border controlled plants);\n\n(m) section 309.14 (procuring children for importing or exporting marketable quantities of border controlled precursors);\n\n(n) section 309.15 (procuring children for importing or exporting border controlled precursors).\n\n28 An offence against any of the following sections of the Criminal Code of the Commonwealth in circumstances where a person suffers injury as a direct result of the offence—\n\n(a) section 132.3 (aggravated robbery);\n\n(b) section 132.4 (burglary);\n\n(c) section 132.5 (aggravated burglary).\n\n29 An offence against any of the following sections (as amended) of the Criminal Code of the Commonwealth, repealed by clause 12 of Schedule 1 to the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 of the Commonwealth, in circumstances where the person against whom the offence is committed is an adult who is not a vulnerable person—\n\n(a) section 270.7 (deceptive recruiting for sexual services);\n\n(b) section 271.9 (debt bondage—aggravated offence).\n\n30 Any of the following common law offences in circumstances where the person against whom the offence is committed is a child or a vulnerable person—\n\n(a) forgery;\n\n(b) uttering.\n\n31 The common law offence of assault causing injury, in circumstances where the person against whom the offence is committed is not a child or a vulnerable person.\n\n32 An offence against Chapter 6 of this Act (other than section 128 or 130).\n\n33 An offence of attempting to commit an offence specified in this Schedule.\n\n34 An offence of incitement to commit an offence specified in this Schedule.\n\n35 An offence of conspiracy to commit an offence specified in this Schedule.\n\n36 An offence under a law of a jurisdiction other than Victoria that, if committed in Victoria, would have constituted an offence specified in this Schedule.\n\n","sortOrder":184},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"WWC category B offences","content":"Schedule 4—WWC category B offences\n\n1 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 2) 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.\n\n2 A carnal knowledge offence.\n\n3 An offence specified in clause 2 of Schedule 1 to the **Sentencing Act 1991** (violent offences) other than murder or attempted murder.\n\n4 An offence specified in clause 4 of Schedule 1 to the **Sentencing Act 1991** (drug offences).\n\n5 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.\n\n6 An offence—\n\n(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\n\n(b) against the **Serious Sex Offenders Monitoring Act 2005** (other than section42(3)); or\n\n(c) against the **Serious Sex Offenders (Detention and Supervision) Act 2009** (other than section 182, 186 or 189(1A)); or\n\nSch. 4 cl. 6(d) amended by No. 28/2025 s. 56.\n\n(d) against the **Serious Offenders Act 2018** (other than section 277, 281, 284, 284A or 289A); or\n\n(e) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against—\n\n(i) section 46 or 47 of the **Sex Offenders Registration Act 2004** or Part 5 of that Act (other than section 70); or\n\n(ii) the **Serious Sex Offenders Monitoring Act 2005** (other than section 42(3)); or\n\n(iii) the **Serious Sex Offenders (Detention and Supervision) Act 2009** (other than section 182, 186 or 189(1A)); or\n\nSch. 4 cl. 6(e)(iv) amended by No. 28/2025 s. 56.\n\n(iv) the **Serious Offenders Act 2018** (other than section 277, 281, 284, 284A or 289A).\n\n7 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.\n\n8 An offence against section 21A (stalking) 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.\n\n9 An offence against section 49N(1) (loitering near schools etc. by sexual offender) 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.\n\n10 An offence—\n\n(a) against any of the following sections of the **Crimes Act 1958**—\n\n(i) section 49O(1) (failure by a person in authority to protect a child from a sexual offence);\n\nSch. 4 cl. 10(a)(ia) inserted by No. 38/2022 s. 37(a).\n\n(ia) section 53R(1) (producing intimate image);\n\nSch. 4 cl. 10(a)(ib) inserted by No. 38/2022 s. 37(a).\n\n(ib) section 53S(1) (distributing intimate image);\n\nSch. 4 cl. 10(a)(ic) inserted by No. 38/2022 s. 37(a).\n\n(ic) section 53T(1) (threat to distribute intimate image);\n\n(ii) section 327 (failure to disclose sexual offence committed against child under the age of 16 years); or\n\n(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).\n\n11 An offence against Chapter 6 of this Act (other than section 128 or 130).\n\n12 An offence against section 18 (causing injury intentionally or recklessly) of the **Crimes Act** **1958** or 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**.\n\n13 An offence—\n\n(a) against any of the following sections of the **Crimes Act 1958**,  if the offence was committed before the commencement of the **Crimes (Amendment) Act 1985**—\n\n(i) section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm);\n\n(ii) section 37 (common assault); or\n\n(b) 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 a section of the **Crimes Act 1958** specified in paragraph (a).\n\n14 An offence against section 19 (sexual exposure) 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 19 of the **Summary Offences Act 1966**.\n\nSch. 4 cl. 15 amended by No. 38/2022 s. 37(b).\n\n15 An offence against section 41A of the **Summary Offences Act 1966** (observation of genital or anal region) 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 section.\n\n16 An offence—\n\n(a) against section 17(1) (obscene, indecent, threatening language and behaviour etc. in public) 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\n\n(b) 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.\n\n17 An offence against section 19 (obscene exposure) 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**.\n\n18 An offence—\n\n(a) against section 7(1)(c) (wilful and obscene exposure) of the **Vagrancy Act 1966**, if the offence was committed before the commencement of the **Vagrancy (Repeal) and Summary Offences (Amendment) Act** **2005**; or\n\n(b) 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**.\n\n19 An offence—\n\n(a) against any of the following sections of the **Crimes Act 1958**—\n\n(i) section 63 (child stealing);\n\n(ii) section 75A (armed robbery); or\n\n(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).\n\n20 An offence—\n\n(a) against any of the following sections of the **Children, Youth and Families Act 2005**—\n\n(i) section 493 (failing to protect a child from harm);\n\n(ii) section 494 (leaving child unattended); or\n\n(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).\n\n21 An offence—\n\n(a) against any of the following sections of the **Surveillance Devices Act 1999**—\n\n(i) section 7 (installing, using or maintaining a device to record or observe a private activity);\n\n(ii) section 9B (employer installing, using or maintaining a device to record or observe a private activity of a worker); or\n\n(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).\n\n22 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** 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 that section 49C(2) of the **Crimes Act 1958**.\n\n23 An offence against section 60B(2) of the **Crimes Act 1958** (loitering near schools etc.), inserted in the **Crimes Act 1958** 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 that section 60B(2) of the **Crimes Act 1958**.\n\n","sortOrder":185},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Obligations and orders and offences","content":"Schedule 5—Obligations and orders and offences\n\n\t1 Obligations and orders\n\nSch. 5 cl. 1.1 amended by No. 28/2025 s. 53.\n\n1.1 Reporting obligations imposed on a person by the **Sex Offenders Registration Act** **2004**.\n\n1.2 A supervision order, a detention order or an emergency detention order.\n\n\t2 Offences\n\n2.1 An offence specified in clause 1 of Schedule 1 to the **Sentencing Act 1991** (sexual offences) other than a carnal knowledge offence.\n\n2.2 A carnal knowledge offence where the conduct constituting the offence occurs when the person committing the offence is an adult.\n\n2.3 An offence specified in clause 2 of Schedule 1 to the **Sentencing Act 1991** (violent offences).\n\n2.4 An offence specified in clause 4 of Schedule 1 to the **Sentencing Act 1991** (drug offences).\n\n2.5 An offence—\n\n(a) against section 71AB (trafficking in a drug of dependence to a child) or 71B (supply of a drug of dependent to a child) of the **Drugs, Poisons and Controlled Substances Act 1981**; or\n\n(b) 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 the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n2.6 An offence—\n\n(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\n\n(b) against the **Serious Sex Offenders Monitoring Act 2005** (other than section 42(3); or\n\n(c) against the **Serious Sex Offenders (Detention and Supervision) Act 2009** (other than section 182, 186 or 189(1A)); or\n\nSch. 5 cl. 2.6(d) amended by No. 28/2025 s. 57.\n\n(d) against the **Serious Offenders Act 2018** (other than section 277, 281, 284, 284A or 289A); or\n\n(e) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against—\n\n(i) section 46 or 47 of the **Sex Offenders Registration Act 2004** or Part 5 of that Act (other than section 70); or\n\n(ii) the **Serious Sex Offenders Monitoring Act 2005** (other than section 42(3)); or\n\n(iii) the **Serious Sex Offenders (Detention and Supervision) Act 2009** (other than section 182, 186 or 189(1A)); or\n\nSch. 5 cl. 2.6(e)(iv) amended by No. 28/2025 s. 57.\n\n(iv) the **Serious Offenders Act 2018** (other than section 277, 281, 284, 284A or 289A).\n\n2.7 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.\n\n2.8 An offence against section 21A (stalking) 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.\n\n2.9 An offence against section 49N(1) (loitering near schools etc. by sexual offender) 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, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.\n\n2.10 An offence against section 60B(2) of the **Crimes Act 1958** (loitering near schools etc.), inserted in the **Crimes Act 1958** 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 that section 60B(2) of the **Crimes Act 1958**, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 18 September 2020*\n\n*Legislative Council: 15 October 2020*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the screening of persons working with or caring for children or providing supports or services to persons with a disability under the National Disability Insurance Scheme, to repeal the **Working with Children Act 2005** and for other purposes.\"\n\nThe **Worker Screening Act 2020** was assented to on 4 November 2020 and came into operation as follows:\n\nSections 1–244, 246 on 1 February 2021: Special Gazette (No. 647) 8 December 2020 page 1.\n\nSection 245 on 15 September 2021: s. 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Worker Screening Act 2020** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | S. 246 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1; s. 245 on 15.9.21: s. 2(2) |\n| Note: | S. 246 repealed Pt 9.3 (ss 160–246) on 15.9.22 |\n\n**Sex Work Decriminalisation Act 2022, No. 7/2022**\n\n| Assent Date: | 1.3.22 |\n| Commencement Date: | S. 82 on 1.12.23: s. 2(3) |\n\n**Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022**\n\n| Assent Date: | 23.8.22 |\n| Commencement Date: | S. 66 on 24.5.23: s. 2(3) |\n\n**Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 36, 37 on 30.7.23: s. 2(5) |\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| Commencement Date: | S. 267 on 20.9.23: Special Gazette (No. 483) 12.9.23 p. 1 |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024**\n\n| Assent Date: | 20.2.24 |\n| Commencement Date: | Ss 61, 62 on 21.2.24: s. 2(1) |\n\n**Justice Legislation Amendment (Committals) Act 2025, No. 5/2025**\n\n| Assent Date: | 25.2.25 |\n| Commencement Date: | S. 48 on 28.12.25: s. 2(2) |\n\n**Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025**\n\n| Assent Date: | 18.6.25 |\n| Commencement Date: | Ss 14–16 on 19.6.25: s. 2 |\n\n**Corrections Legislation Amendment Act 2025, No. 28/2025**\n\n| Assent Date: | 19.8.25 |\n| Commencement Date: | Ss 56, 57 on 20.8.25: s. 2(1); ss 43–53 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1 |\n\n**Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025, No. 33/2025**\n\n| Assent Date: | 27.8.25 |\n| Commencement Date: | Ss 3–18 on 28.8.25: s. 2 |\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| Commencement Date: | Ss 26, 27 on 17.12.25: s. 2(1); ss 75, 83(1), 115, 125(Sch. 2 item 1), 128 on 9.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":186}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":773},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2020 form. The 2025 amendments (particularly the Social Services Regulation Amendment Act) transferred functions from the Secretary to a new 'Regulator', added new suspension powers for WWC clearances, introduced cancellation powers for fraudulent applications, strengthened information sharing with the Department of Families, Fairness and Housing, and added new offences. The 2025 Strengthening the Working with Children Check amendments also reclassified certain offences and introduced new exclusion categories. The legislation now covers more agencies, more information sharing pathways, and more enforcement mechanisms than originally enacted."},"complexity_factors":["Dual parallel screening systems (NDIS and WWC) with overlapping but distinct rules","Extensive cross-referencing to other Acts (Crimes Act, Sentencing Act, NDIS Act, etc.)","Multiple category systems (A/B/C) with different tests and exceptions","Detailed offence schedules spanning 4 separate schedules with historical and interstate offences","Complex transitional provisions from repealed Working with Children Act 2005","Nested conditional logic: exemptions, exceptions to exemptions, and exceptions to exceptions","Multiple decision-makers (Regulator, Secretary, VCAT) with shifting responsibilities","Information sharing provisions with numerous external agencies","Detailed procedural requirements for applications, re-assessments, suspensions, revocations, and reviews","Age-based calculations (conduct occurring when person was child vs adult) throughout","5-year exclusion periods with complex \"relevant change in circumstances\" triggers","Body corporate liability provisions with officer liability and due diligence defences"],"plain_english_summary":"This Act creates a comprehensive **worker screening system** for two groups: people who work with children, and people who work with NDIS (National Disability Insurance Scheme) participants in \"risk assessed roles\".\n\n**What it does:**\n\nThe Act establishes two separate but related clearance systems:\n\n1. **WWC (Working with Children) Clearance** — required for anyone doing \"child-related work\" (teaching, childcare, coaching, youth work, etc.). This replaced the old Working with Children Act 2005.\n\n2. **NDIS Clearance** — required for anyone working in \"risk assessed roles\" with NDIS participants (people with disabilities receiving NDIS supports).\n\n**How it works:**\n\n- People apply to the **Regulator** (a government body) for clearance\n- The Regulator conducts police checks and can make enquiries to other agencies\n- Applications are assessed in **three categories (A, B, C)** based on seriousness:\n  - **Category A**: Most serious (sex offences, murder, serious violence against children/vulnerable people) — clearance automatically refused\n  - **Category B**: Serious offences — clearance refused unless \"exceptional circumstances\" exist\n  - **Category C**: Other concerns — clearance granted unless the person poses an \"unjustifiable risk\"\n\n**Key protections:**\n\n- Clearances last **5 years** but can be **suspended or revoked** if new information emerges (new charges, convictions, disciplinary findings)\n- **Interim exclusions** can stop someone working while their application is decided\n- **Internal review** and **VCAT appeals** are available\n- **Information sharing** between Victoria Police, interstate screening units, and other agencies\n\n**Who's exempt:**\n\nSome people don't need clearance: parents volunteering with their own child's activity, police officers (in their official capacity), registered teachers, children under 18, and certain close relatives.\n\n**Offences:**\n\nIt's a crime (up to 2 years prison) to work without required clearance, or to employ/place someone without clearance."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act's core purpose at enactment was to consolidate and modernise screening for NDIS and working‑with‑children roles (s 1). Subsequent amendments incorporated into this version materially broaden the Act's operational scope in several ways: (1) stronger suspension and cancellation powers for WWC clearances (eg ss 87A, 93A) and re‑classification of some B‑category matters into A‑category for automatic exclusion under the 2025 amendments (Pt 9.3 ss 160–169); (2) expanded information‑sharing and disclosure pathways (ss 134–141, 136) that extend the Regulator’s reach into other agencies, the ACC and interstate screening units; (3) new or reinforced criminal and corporate liabilities (eg agency offences and heightened penalties in ss 123–124 and expanded false‑information and disclosure rules s 128, s 130); and (4) bureaucratic reorganisation and staffing/transfers and transitional mechanisms (Pt 9.4 ss 173–174) that move operational responsibility and resourcing to the Regulator. These changes increase the Act’s enforcement and inter‑agency oversight functions beyond a simple screening mechanism into a more intrusive, actively enforced regulatory regime with broader data exchanges and tougher employer/agency duties."},"complexity_factors":["Long statute with 9 Chapters, many Parts and Divisions and extensive transitional provisions (Chapter 9, Parts 9.2–9.4)","Large interpretation/definitions section (s 3) with numerous defined terms (Regulator, NDIS/WWC categories, offences, clearance/exclusion concepts) and cross‑references to many external Acts","Three‑tier categorisation system (A/B/C) for both NDIS and WWC with separate rules for applications, re‑assessments, suspensions and revocations (NDIS ss 23–51; WWC ss 60–93A) producing nested conditional logic","Extensive cross‑references to schedules and other statutes (Schedules 1–5 enumerate dozens of historical and modern offences; many references to Crimes Act 1958, Sentencing Act 1991, NDIS Act and many other laws)","Multiple exceptions and nested defences (eg volunteer and teacher exemptions, work‑experience exceptions, interstate recognition, exceptions for pending applications and VCAT stays) increasing branching logic (eg ss 110–117, 119–121, 59(4), 121(2)–(4))","Heavy information‑sharing regime with many recipients and obligations (police, NDIS Commission, ACC, Disability agencies) and many triggers for notification (ss 131–141, 136, 137)","Multiple decision‑makers and review routes (Regulator initial decisions, internal review, then VCAT with different grounds and standards by category; see ss 94–104 and 105–109)","Significant criminal offence and corporate liability provisions with different penalties and special presumptions (ss 118, 121–126, 144–145) and separate rules for bodies corporate and unincorporated bodies","Amendments and insertions spread over several Acts (2022–2026) with transitional rules that alter the legal categorisation of pending matters (Pt 9.3 and Pt 9.4), increasing interpretive difficulty"],"plain_english_summary":"**What this law does, in plain English**\n\n- This Act sets rules for screening people who: (a) want to work in NDIS (National Disability Insurance Scheme) \"risk assessed roles\" and (b) want to work with or care for children (\"child‑related work\"). (s 1, s 7)\n\n- It replaces the old Working with Children Act 2005 and creates a single modern framework for both \"NDIS checks/clearances\" and \"WWC (working with children) checks/clearances\". (s 1, Pt 9.1)\n\n- Applications: people apply in a regulator‑approved form and supply approved ID and consents to police and other enquiries. The Regulator arranges police checks and checks interstate screening databases. (ss 12–15, 18, 58)\n\n- Classification and outcomes: applications and re‑assessments are put into three categories (A, B, C) based on the seriousness and relevance of past offending or disciplinary findings. Category A leads to mandatory refusal/revocation; category B is presumptively refused/revoked unless exceptional circumstances are shown; category C is generally cleared unless the person poses an unacceptable/unjustifiable risk. (NDIS: ss 23–28, 41–46; WWC: ss 60–65, 82–87)\n\n- Interim action and review: the Regulator can give interim exclusions and suspend clearances while it decides. Applicants and clearance holders are given written reasons and can seek internal review; many decisions can then be taken to VCAT (the tribunal). (ss 29, 47, 39, 79, 94–104, 105–109)\n\n- Duration and re‑assessment: clearances last 5 years unless surrendered or revoked. Clearance holders and applicants must notify the Regulator quickly of certain \"relevant changes\" (eg a charge, conviction, supervision or sex‑offender registration). The Regulator must re‑assess in prescribed circumstances. (ss 33, 34, 38, 71)\n\n- Offences and sanctions: it is an offence to do NDIS risk‑assessed work without an NDIS clearance (s 118) or to engage in child‑related work without a current WWC clearance (s 121). Employers, agencies and bodies that engage or offer the services of people who lack required clearances face heavy penalties (ss 123–124). The Act also penalises false or misleading information (s 128) and imposes notification duties on excluded persons (s 127).\n\n- Exemptions: the Act lists specific narrow exemptions (eg parents volunteering with their child, registered teachers, police in duty) and visiting workers under short stays or holding an interstate equivalent clearance. Exempt people still lose the exemption if they have an exclusion. (ss 110–117)\n\n- Information sharing: the Regulator must, and may, exchange information with police, the NDIS Commission, interstate screening units, the ACC and relevant state departments to support screening, supervision and enforcement. (ss 131–141, 136)\n\n- Administrative powers and safeguards: the Regulator has broad inquiry, disclosure and production powers (eg require documents, seek disciplinary records). Many decisions require written notice, reasons and allow submissions; internal review and VCAT review are available but limited by category. (ss 18, 19, 40, 47, 94–104)\n\n**Who is affected and who pays**\n\n- People who work or want to work with children or in NDIS risk‑assessed roles: they must apply, supply ID and police consents, and pay the prescribed fee when required. They must notify changes such as charges or convictions, and can be suspended, revoked or excluded. (ss 14–16, 34, 72, 118, 121)\n\n- Employers and agencies that engage people for child‑related work: they must check clearances, receive copies of exclusions/clearances where the Regulator has their details, and face criminal and civil penalties for employing or offering services of people without appropriate clearances. (ss 70, 91(3)–(5), 123–124)\n\n- The Regulator and tribunal (VCAT): the Regulator decides applications, suspends/revokes/returns clearances and shares information; VCAT hears many appeals with statutory standards to apply. (s 3 definition of Regulator, ss 99–104, 105–109)\n\n- The State (public sector): the Crown is bound and the State picks up liability for official acts done in good faith; the Regulator has immunity for good‑faith acts but the State bears resulting liability. (ss 8, 149)\n\n**Why it matters (stated purpose and practical trade‑offs)**\n\n- The Act states its aims plainly: protect people with disability in NDIS settings and protect children from sexual and physical harm by screening workers; and to replace the older WWC law. (s 1)\n\n- Testing those claims against trade‑offs and implementation details:\n  - Compliance costs and private incentives: applicants pay fees and face time costs providing ID and responding to enquiries (ss 15, 54, regs under s 150). Employers and small agencies face administrative checks, possible re‑deployment of staff and potential high penalties for failures (ss 123–124). These are concentrated costs on workers, small providers and agencies; benefits (reduced risk of harm) are diffuse.\n  - Administrative discretion and legal risk: the Regulator has broad discretionary inquiry and disclosure powers (eg ss 18(2)(b), 40(1)(b), 134–136). That centralisation increases efficiency in information access but raises risk of inconsistent decisions and appeals (VCAT paths in Pt 4). The Act imposes decision‑making procedures (notice, minimum time to respond; ss 29(2), 47(2), 66(2), 88(2)) which moderate that discretion.\n  - Enforcement and behavioural effects: strong employer and agency penalties (ss 123–124) create incentives to screen and reassign staff quickly; interim exclusions and suspensions (ss 29, 47, 39, 79, 87A) create immediate protective effects but may impose income and staffing shocks while matters are being decided.\n  - Information flows and privacy trade‑offs: broad sharing between police, NDIS Commission, ACC, departments and interstate units (ss 131–141, 136) improves flagging of risks and interstate recognition, but concentrates sensitive personal data and increases administrative burden for record‑keeping and confidentiality obligations (s 130, s 150 regs). The Act prohibits unauthorised disclosure with penalties (s 130).\n  - Impact on private enterprise and labour mobility: the Act recognises interstate clearances and allows some cross‑jurisdictional processing (s 20, ss 134–135), but also gives the Regulator power to re‑assess and revoke on information from other jurisdictions (s 38, s 78). That supports labour mobility but creates extra compliance steps for employers and workers.\n\n**Practical implementation risks and costs**\n\n- System and staffing: the Act moves functions to the Regulator and includes transitional transfer of staff and lists (Pt 9.4 ss 173–174). Running police checks, database connections (NDIS worker screening database, s 18(1), s 136) and notifications to third parties require IT, training and resourcing.\n\n- Legal complexity: complex category rules, cross‑references to many criminal laws and historical offences (Schedules 1–4 rich in cross‑references) increase time and cost for legal assessments and for employers doing due diligence (Schedules 1–4). The Act’s many conditional exceptions and transitional rules increase the risk of administrative error.\n\n**Who decides, and how behaviour changes**\n\n- Decisions about applications, suspensions, revocations and information disclosure are made by the Regulator (subject to internal review and VCAT when available). (ss 18–22, 38–51, 78–91, 94–106)\n\n- Behaviourally: workers must apply, disclose charges/convictions and refrain from child‑related or NDIS risk work if excluded; employers must check clearances and act on notifications; agencies must not offer services of un‑cleared people. These requirements shift operational practices in hiring, rostering, contracting and volunteer management. (ss 34, 72, 118, 121–124)\n\n**Key sections to note**\n\n- Purposes: s 1.  Definitions and Regulator: s 3.  Application forms and ID: ss 12–15, 54.  Categories and decision rules: NDIS ss 23–28, WWC ss 60–65.  Suspension and interim exclusions: ss 29, 47, 39, 79, 87A.  Offences and employer liability: ss 118, 121–126, 123–124.  Information sharing: ss 131–141, 136.  Review: ss 94–104 (NDIS), 105–109 (WWC).  Transitional arrangements and amendments: Pt 9 (multiple sections).\n\nThis note describes mechanics, duties, who bears costs and who decides. It highlights likely compliance burdens, centralised information flows and the established review paths (internal and VCAT). It does not evaluate policy merits; it sets out the concrete incentives, costs, trade‑offs and implementation risks that follow from the text (with sections cited above)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act expanded in scope from its original intent by consolidating what were previously separate screening regimes (Working with Children and disability worker screening) into a single unified framework. The NDIS Worker Screening component, driven by national NDIS policy reform, was a significant addition that broadened the Act beyond its initial child-safety focus to encompass the entire disability services sector."},"complexity_factors":["Dual screening regime — covers both Working with Children and NDIS Worker Screening, each with distinct rules and processes","Overlapping Commonwealth and State jurisdiction, particularly around NDIS obligations which are federally funded but state-administered","Multiple categories of 'regulated work' and 'regulated workers' requiring careful classification","Interplay with other legislation (e.g., Children, Youth and Families Act, NDIS Act 2013 Cth, Worker Screening Act across jurisdictions)","Complex risk assessment frameworks for granting, refusing, suspending or cancelling clearances","Portability provisions — clearances may or may not be recognised across states and territories","Offence provisions apply to both individuals and organisations, with varying fault elements","Exemptions and exceptions are numerous and context-dependent (e.g., family members, certain volunteers)","Transitional provisions from predecessor legislation adding historical complexity"],"plain_english_summary":"## Worker Screening Act 2020 (Victoria)\n\nThis law establishes a **screening system for workers** who work with children or people with disabilities in Victoria. Here's what it means for you:\n\n**Who it affects:**\n- Anyone who works (paid or unpaid/volunteering) in roles involving children or people with a disability\n- Employers and organisations that engage such workers\n- Government agencies responsible for approving or denying clearances\n\n**What it does:**\n- Creates a **Working with Children Check** and **NDIS Worker Screening Check** system — these are official background checks that determine whether someone is safe to work with vulnerable people\n- Requires workers in certain roles to obtain a clearance *before* starting work\n- Gives authorities the power to **refuse, suspend, or cancel** a clearance if someone poses a risk\n- Makes it an offence for an employer to knowingly engage an uncleared worker in a role that requires one\n- Makes it an offence for a person without a clearance to work in a role that requires one\n\n**Why it matters:**\n- Protects children and people with disabilities from harm\n- Creates legal obligations for both workers and employers — getting this wrong can result in serious penalties\n- If you work in childcare, education, disability services, health, or similar sectors, this law almost certainly applies to you\n\n**Practical takeaway:** If your job involves regular contact with children or NDIS (National Disability Insurance Scheme) participants, check whether you need a clearance. Employers must also verify their workers hold valid clearances or risk criminal liability."}},"importantCases":[],"_links":{"self":"/api/acts/worker-screening-act-2020","history":"/api/acts/worker-screening-act-2020/history","analysis":"/api/acts/worker-screening-act-2020/analysis","conflicts":"/api/acts/worker-screening-act-2020/conflicts","importantCases":"/api/acts/worker-screening-act-2020/important-cases","documents":"/api/acts/worker-screening-act-2020/documents"}}