19BExemptions from WWC check

19B Exemptions from WWC check

S. 19B(1) amended by No. 34/2020 s. 168(2).

(1) The following persons are exempt from the requirements of the Worker Screening Act 2020 as applied and modified by this Act to have a current WWC clearance under the Worker Screening Act 2020 and to undergo a WWC check under Chapter 3 of that Act in respect of their supervision of a child referred to in section 19A(1)—

(a) a person who supervises a child who is closely related to him or her;

S. 19B(1)(b) amended by No. 19/2014 s. 90(1).

(b) a person who is a registered teacher or registered early childhood teacher under the Education and Training Reform Act 2006;

Section 2.6.28 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.

S. 19B(1)(c) substituted by No. 37/2014 s. 10(Sch. item 16.2(a)), amended by No. 27/2022 s. 20(1).

(c) 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);

S. 19B(1)(caa) inserted by No. 2/2024 s. 4(1).

(caa) 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);

S. 19B(1)(ca) inserted by No. 51/2010 s. 25(2).

(ca) 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);

(d) a person who is not an Australian citizen and not ordinarily resident in Australia in respect of the supervision of a child if he or she does not ordinarily engage in that work in Victoria.

(2) For the purposes of subsection (1)(a), a person is closely related to a child if the person is the child's—

(a) parent, step-parent or guardian;

(b) grandparent;

(c) uncle or aunt;

(d) brother or sister (including half-brother, half‑sister, step-brother, step-sister, brother‑in-law or sister-in-law)—

and includes, in the case of domestic partners, a person who would be closely related to the child if the domestic partners were married to each other.

S. 19B(3) amended by No. 19/2014 s. 90(2).