Worker Screening Act 2020

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 15 September 2021, it comes into operation on that day.

3 Definitions

(1) In this Act—

ACC means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;

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;

S. 3(1) def. of approved application form amended by No. 58/2025 s. 125(Sch. 2 item 1.1(a)).

approved application form means an application form for a screening check approved by the Regulator under section 13;

S. 3(1) def. of approved identifying information amended by No. 58/2025 s. 125(Sch. 2 item 1.1(b)).

approved identifying information means identifying information of a kind approved by the Regulator under section 12;

authorised entity, in relation to NDIS worker screening, means—

(a) ACC; or

(b) Victoria Police; or

(c) a law enforcement agency; or

(d) the NDIS Commission; or

(e) the NDIS Commissioner; or

(f) an NDIS worker screening unit;

banning order means an order made under section 73ZN of the NDIS Act;

carnal knowledge offence means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person under 18 years of age;

child abuse material offence means—

(a) an offence against any of the following provisions of the Crimes Act 1958—

(i) section 51B(1) (involving a child in the production of child abuse material);

(ii) section 51C(1) (producing child abuse material);

(iii) section 51D(1) (distributing child abuse material);

(iv) section 51E(1) (administering a website used to deal with child abuse material);

(v) section 51F(1) (encouraging use of a website to deal with child abuse material);

(vi) section 51G(1) (possession of child abuse material);

(vii) section 51H(1) (accessing child abuse material);

(viii) section 51I(1) (assisting a person to avoid apprehension); or

(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

(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

(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—

(i) section 474.19 (using a carriage service for child pornography material);

(ii) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);

child-related work has the meaning given by section 7;

clearance means—

(a) an NDIS clearance; or

(b) a WWC clearance;

S. 3(1) def. of community or treatment order amended by No. 34/2020 s. 245.

community or treatment order means—

(a) an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(b) an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(c) a drug and alcohol treatment order within the meaning of the Sentencing Act 1991; or

(d) a community correction order within the meaning of the Sentencing Act 1991; or

(e) a fine conversion order within the meaning of the Sentencing Act 1991; or

(f) a fine default unpaid community work order within the meaning of the Sentencing Act 1991;

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;

S. 3(1) def. of corresponding reportable conduct law inserted by No. 58/2025 s. 26(a).

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;

S. 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)).

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;

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;

detention order means a detention order within the meaning of the Serious Offenders Act 2018 or an interim detention order under that Act;

direct contact, in relation to child-related work, means any contact between a person and a child that involves—

(a) physical contact; or

(b) face to face contact; or

(c) contact by post or other written communication; or

(d) contact by telephone or other oral communication; or

(e) contact by email or other electronic communication;

Disability Worker Registration Board means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;

disciplinary or regulatory entity means a person or body that is prescribed to be a disciplinary or regulatory entity;

S. 3(1) def. of educational institution amended by No. 32/2022 s. 66.

educational institution means—

(a) any Government school or non‑Government school within the meaning of the Education and Training Reform Act 2006; or

(b) any of the following—

(i) a TAFE institute within the meaning of the Education and Training Reform Act 2006;

(ii) a dual sector university within the meaning of the Education and Training Reform Act 2006;

(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;

(v) an education and training organisation registered on the State Register under the Education and Training Reform Act 2006—

to 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

(c) any other institution that provides a program of study or training primarily for, or directed at, children—

but does not include—

(d) except to the extent provided by paragraph (b), a university within the meaning of the Education and Training Reform Act 2006; or

(e) except to the extent provided by paragraph (b), a TAFE institute within the meaning of the Education and Training Reform Act 2006—

even if that university, college or institution has a student under 18 years of age;

emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;

excluded from child-related work under a corresponding working with children law, in relation to a person, means—

(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

(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

(c) a person who has been otherwise prohibited from engaging in child‑related work under a corresponding working with children law;

exclusion means—

(a) an NDIS exclusion; or

(b) a WWC exclusion;

interim exclusion means—

(a) an interim NDIS exclusion; or

(b) an interim WWC exclusion;

S. 3(1) def. of interim NDIS exclusion amended by No. 58/2025 s. 125(Sch. 2 item 1.1(d)).

interim NDIS exclusion means an interim exclusion given by the Regulator under section 29 or 47;

S. 3(1) def. of interim WWC exclusion amended by No. 58/2025 s. 125(Sch. 2 item 1.1(e)).

interim WWC exclusion means an interim exclusion given by the Regulator under section 66 or 88;

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;

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;

law enforcement agency means—

(a) the Australian Federal Police; or

(b) the police force of another State or a Territory; or

(c) a prescribed person or body established under a law of the Commonwealth or of another State or a Territory;

minister of religion means—

(a) a person ordained or appointed as a recognised religious leader in an organised religious institution; or

(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;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS category A offence means an offence specified in Schedule 1;

NDIS category B offence means an offence specified in Schedule 3;

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;

NDIS clearance means an NDIS clearance given to a person under section 31(1), 99(1)(a)(ii) or Part 4.2;

NDIS Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

NDIS Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;

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;

NDIS participant means a person who is a participant in the NDIS;

NDIS worker screening database means the NDIS worker screening database established under section 181Y of the NDIS Act;

NDIS Worker Screening Rules means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth;

S. 3(1) def. of NDIS worker screening unit amended by No. 58/2025 s. 125(Sch. 2 item 1.1(f)).

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;

officer—

(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

(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;

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;

S. 3(1) def. of police custody officer inserted by No. 2/2024 s. 61.

police custody officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police custody officer supervisor inserted by No. 2/2024 s. 61.

police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;

police officer has the same meaning as in the Victoria Police Act 2013;

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Regulator inserted by No. 58/2025 s. 115.

Regulator has the same meaning as it has in the Social Services Regulation Act 2021;

S. 3(1) def. of relevant disciplinary or regulatory finding amended by No. 58/2025 ss 26(b), 125(Sch. 2 item 1.1(g)).

relevant disciplinary or regulatory finding means—

(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

(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

(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

(c) a finding of a prescribed kind made by or on behalf of, or referred to the Regulator by, a disciplinary or regulatory entity;

S. 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)).

relevant offence means—

(a) in relation to an applicant for a WWC check or a person who holds a WWC clearance—

(i) a WWC category A offence or a WWC category B offence; or

(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

(b) in relation to an applicant for an NDIS check or a person who holds an NDIS clearance—

(i) an NDIS category A offence or an NDIS category B offence; or

(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;

risk assessed role has the same meaning as it has in the NDIS Worker Screening Rules;

screening check means—

(a) an NDIS check; or

(b) a WWC check;

S. 3(1) def. of Secretary repealed by No. 58/2025 s. 125(Sch. 2 item 1.2).

supervision order means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;

Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;

Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;

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;

work, in relation to child-related work, means—

(a) work engaged in—

(i) under a contract of employment or a contract for services (whether written or unwritten); or

(ii) as a minister of religion or as part of the duties of a religious vocation; or

(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

(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

(c) work engaged in as a volunteer, including engaging in unpaid community work under a community or treatment order—

but does not include unpaid work engaged in for a private or domestic purpose;

S. 3(1) def. of working with children screening unit amended by No. 58/2025 s. 125(Sch. 2 item 1.1(i)).

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;

WWC category A offence means an offence specified in Schedule 2;

WWC category B offence means an offence specified in Schedule 4;

WWC check means the process under Chapter 3 for assessing or re‑assessing whether a person may engage in child-related work;

WWC clearance means a WWC clearance given to a person under section 68(1) or Part 4.3;

WWC exclusion means an exclusion given to a person under section 68(2), 89, 90, 91 or Part 4.3.

(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.

(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.

4 Meaning of finding of guilt

(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—

(a) a court making a formal finding of guilt in relation to the offence;

(b) a court accepting a plea of guilty from the person in relation to the offence;

(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;

(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;

(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—

(i) section 420 of the Crimes Act 1958 (as then in force); or

(ii) an equivalent provision of the laws of a jurisdiction other than Victoria.

(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.

5 Meaning of charged with an offence

For the purposes of this Act, a person is taken to have been charged with an offence if—

(a) an indictment has been filed for the offence; or

(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—

(i) a summons to answer to the charge;

(ii) a warrant to arrest the person.

6 Pending charges

(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—

(a) the charge is withdrawn or the person dies without the charge having been determined;

(b) the charge is dismissed by a court;

S. 6(1)(c) amended by No. 5/2025 s. 48.

(c) the person is discharged by a court following a committal proceeding;

(d) the person is acquitted or found guilty of the offence by a court;

(e) the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the Criminal Procedure Act 2009;

(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.

(2) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.

7 Child-related work

(1) Subject to subsection (2), in this Act, child-related work means work—

(a) at or for a service, body or place, or that involves an activity, specified in subsection (3); and

(b) that usually involves direct contact with a child.

(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.

(3) For the purposes of subsection (1)(a), the following services, bodies, places or activities are specified—

(a) child protection services;

(b) children's services within the meaning of the Children's Services Act 1996;

(c) education and care services within the meaning of the Education and Care Services National Law (Victoria);

(d) educational institutions;

(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;

(f) refuges or other residential facilities used by children;

(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;

(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;

(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;

(j) religious organisations;

(k) baby sitting or child minding services arranged by a commercial agency;

(l) fostering children;

(m) providing, on a publicly-funded or commercial basis, a transport service specifically for children;

(n) coaching or tuition services of any kind specifically for children;

(o) counselling or other support services for children;

(p) overnight camps for children regardless of the type of accommodation or of how many children are involved;

(q) school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;

(r) providing, on a commercial basis and not merely incidentally to or in support of other business activities—

(i) entertainment or party services specifically for children; or

(ii) gym or play facilities specifically for children; or

(iii) photography services specifically for children; or

(iv) talent or beauty competitions for children;

(s) providing, on a publicly-funded or commercial basis, an in home care service for children.

(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.

(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.

(6) Despite any other provision of this section, a person is engaged in child-related work if—

(a) the person is a family member or other person of significance to a child other than a parent; and

(b) the child is placed in the out of home care of that person under the Children, Youth and Families Act 2005.

(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.

(8) For the purposes of this Act, a person is not engaged in child-related work merely because the person—

(a) is participating in an activity with a child on the same basis as the child; or

Example

An adult playing in a cricket team whether on a professional or amateur basis alongside a child is not engaging in child-related work.

(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.

(9) In this section—

out of home care means care of a child by a person other than a parent of the child.

Section 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.

8 Act to bind the Crown

(1) This Act binds the Crown—

(a) in right of the State of Victoria; and

(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the Regulations.

9 References to Parts

Unless 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.

Part 1.2—Paramount considerations

S. 10 amended by No. 58/2025 s. 125(Sch. 2 item 1.3).

10 Paramount consideration—NDIS clearances and checks

When 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.

S. 11 amended by No. 58/2025 s. 125(Sch. 2 item 1.4).

11 Paramount consideration—WWC clearances and checks

When 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.

Part 1.3—General provisions relating to applications for screening checks

S. 12 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.5).

12 Regulator must approve identifying information to accompany application for screening check

S. 12(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.6).

(1) The Regulator must approve the identifying information that is to accompany an application for a screening check.

S. 12(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.7).

(2) The Regulator may approve any kind of identifying information.

S. 12(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.8).

(3) The Regulator must publish a description of the approved identifying information on a website maintained by the Regulator.

S. 13 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.9).

13 Regulator must approve application form for screening check

S. 13(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.10).

(1) The Regulator must approve the form in which an application for a screening check is to be made.

(2) Without limiting section 15 or 54, an approved application form must include the following particulars—

(a) the full name of the applicant and any other names by which the applicant is or has been known;

(b) the date and place of birth of the applicant;

(c) the gender of the applicant;

(d) the residential address and telephone number of the applicant;

S. 13(2)(e) amended by No. 58/2025 s. 125(Sch. 2 item 1.11).

(e) any other information relating to the applicant that the Regulator reasonably believes is appropriate.

S. 13(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.12).

(3) The Regulator must publish a copy of an application form approved under this section on a website maintained by the Regulator.

Chapter 2—NDIS worker screening

Part 2.1—Applications for NDIS checks

Division 1—Making an application for an NDIS check

14 Who may apply for an NDIS check

S. 14(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.13).

(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—

(a) ordinarily resides or works in Victoria; and

(b) has been or will be employed or engaged in a risk assessed role.

S. 14(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.13).

(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.

15 How to apply for an NDIS check

(1) An application for an NDIS check must—

(a) be in the approved application form for an NDIS check; and

(b) subject to subsection (3), be signed by the applicant; and

(c) be accompanied by the approved identifying information; and

(d) include the authorisations and consents referred to in subsection (2); and

(e) be accompanied by the prescribed application fee; and

(f) include any prescribed information.

(2) An applicant for an NDIS check must—

(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

(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

(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

S. 15(2)(d) amended by No. 58/2025 s. 125(Sch. 2 item 1.14).

(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

(e) authorise the disclosure of the outcome of the application to the NDIS Commission.

S. 15(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.15).

(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.

S. 15(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.15).

(4) Despite subsection (1)(c), the Regulator may consider an application that does not include all the approved identifying information.

S. 15(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.16).

(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.

S. 15(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.17).

(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).

S. 16 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.18).

S. 16 amended by No. 58/2025 s. 125(Sch. 2 item 1.19).

16 Regulator may refuse to consider application for NDIS check

If 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.

S. 17 amended by Nos 20/2025 s. 14, 58/2025 s. 125(Sch. 2 item 1.20).

17 Application for NDIS check by applicant who has previously been given an NDIS exclusion

If 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.

Division 2—Consideration of applications for NDIS checks

18 Consideration of application for NDIS check

S. 18(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.21).

(1) The Regulator must—

(a) arrange for a police record check to be conducted on an applicant for an NDIS check; and

(b) arrange for a check of the NDIS worker screening database to be conducted in relation to the applicant.

S. 18(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).

(2) In considering an application for an NDIS check, the Regulator may—

S. 18(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).

(a) have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

S. 18(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).

(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—

(i) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(ii) any authorised entity; and

(iii) the Disability Worker Registration Board; and

(iv) the Victorian Disability Worker Commission; and

(v) the Victorian Disability Worker Commissioner.

S. 18(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).

(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.

S. 18(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(b)).

(4) Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—

(a) a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

S. 18(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(b)).

(b) notice of the result of that check has been provided to the Regulator in accordance with the regulations.

S. 19 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.23).

19 Regulator must make enquiries of Secretary to the Department of Families, Fairness and Housing

S. 19(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.24(a)).

(1) In considering an application for an NDIS check, the Regulator must—

S. 19(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.24).

(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

S. 19(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.24(b)).

(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.

S. 19(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.24(b)).

(2) The Secretary to the Department of Families, Fairness and Housing must provide information requested under subsection (1)(b).

20 Applicant for NDIS check must be verified by NDIS Commission

S. 20(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.25).

(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.

S. 20(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.26).

(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*.*

21 Applicant may withdraw application for NDIS check with permission

S. 21(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.27).

(1) An applicant for an NDIS check may request, in writing, that the Regulator permit the applicant to withdraw the application.

(2) A request under subsection (1) may be made at any time before the first of the following occurs—

S. 21(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.28).

(a) the Regulator gives the applicant an interim NDIS exclusion under section 29(1)(b);

S. 21(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.28).

(b) the Regulator finally decides the application.

S. 21(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.29).

(3) In deciding whether to allow the application to be withdrawn, the Regulator may make enquiries about the applicant to any of the following—

(a) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004;

(b) any authorised entity;

(c) the Disability Worker Registration Board;

(d) the Victorian Disability Worker Commission;

(e) the Victorian Disability Worker Commissioner;

(f) any disciplinary or regulatory entity.

S. 22 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.30).

22 Regulator must treat application for NDIS check as withdrawn if applicant fails to provide information

S. 22(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.31).

(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.

S. 22(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.31).

(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.

Division 3—Determination of applications for NDIS checks

23 NDIS category A applications

(1) An application for an NDIS check is an NDIS category A application if it is in respect of a person—

S. 23(1)(a) amended by No. 28/2025 s. 43.

(a) who is subject to reporting obligations imposed by the Sex Offenders Registration Act 2004; or

(b) who is subject to a supervision order, a detention order or an emergency detention order; or

(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

(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.

(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.

S. 24 amended by No. 58/2025 s. 125(Sch. 2 item 1.32).

24 Determination of NDIS category A application

The Regulator must refuse to give an NDIS clearance on an NDIS category A application.

25 NDIS category B applications

(1) An application for an NDIS check is an NDIS category B application if it is in respect of a person—

(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

(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.

(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—

(a) the conduct constituting that offence occurred when the person was an adult; and

(b) the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and

(c) the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and

(d) the commission of the offence did not involve violence or coercion.

(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.

S. 26 amended by No. 58/2025 s. 125(Sch. 2 item 1.33).

26 Determination of NDIS category B application

The 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—

(d) the applicant's relationship to the victim at the time the offence or alleged offence was committed;

(e) whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence was committed;

(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence;

(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.

27 NDIS category C applications

(1) An application for an NDIS check is an NDIS category C application if it is in respect of a person—

(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

(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

(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

(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

(e) who has at any time been subject to a relevant disciplinary or regulatory finding; or

S. 27(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.34).

(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

(g) who has been the subject of any relevant civil penalty imposed under the NDIS Act; or

(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.

(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.

S. 28 amended by No. 58/2025 s. 125(Sch. 2 item 1.35).

28 Determination of NDIS category C application

The 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—

(a) the nature, gravity and circumstances of the conduct;

(b) the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;

(c) the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(d) the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(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;

(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;

(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.

Division 4—Intention to give NDIS exclusion on application for NDIS check

S. 29 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.36).

29 Regulator to notify applicant for NDIS check of intention to exclude

S. 29(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).

(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—

(a) give a written notice to the applicant that—

(i) informs the applicant of the proposal or requirement; and

S. 29(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).

(ii) states the information about the applicant of which the Regulator is aware; and

S. 29(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).

(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

(b) give an interim NDIS exclusion to the applicant.

An 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.

(a) in the case of an NDIS category A application, 14 days; or

(b) in the case of an NDIS category B application or an NDIS category C application, 28 days.

S. 29(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.38).

(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.

S. 29(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.38).

(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.

(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—

S. 30 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.39).

S. 30 amended by No. 58/2025 s. 125(Sch. 2 item 1.40).

30 Regulator must give NDIS exclusion to applicant who fails to make submission within timeframe

The 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—

(a) does not make a submission in response to the notice under section 29(1); or

S. 30(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.40).

(b) notifies the Regulator that the applicant does not want to make a submission.

Division 5—Outcome of application for NDIS check

31 Outcome of application for NDIS check

S. 31(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.41).

(1) Subject to subsection (2), the Regulator must give an NDIS clearance on an application for an NDIS check.

S. 31(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.41).

(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.

32 Notice to applicant for NDIS check of outcome of application

S. 32(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.42).

(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.

S. 32(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.42).

(2) If the Regulator has given an NDIS exclusion to the applicant, the notice under subsection (1) must—

(a) state the reasons for the decision to give the NDIS exclusion on the application; and

(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.

Division 6—Duration of NDIS clearances

33 Duration of NDIS clearance

An 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.

Part 2.2—Change in circumstances of holder or applicant

S. 34 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.43).

34 Holder of NDIS clearance or applicant for NDIS check must notify Regulator of relevant change in circumstances

S. 34(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.44).

(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.

(2) For the purposes of subsection (1), each of the following is a relevant change in circumstances—

(a) the person being charged with an NDIS category A offence or an NDIS category B offence;

(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;

S. 34(2)(c) amended by No. 28/2025 s. 44.

(c) the person becoming subject to reporting obligations imposed on the person by the Sex Offenders Registration Act 2004;

(d) the person becoming subject to a supervision order, a detention order or an emergency detention order;

(e) a relevant disciplinary or regulatory finding being made in relation to the person;

(f) the person being given a WWC exclusion.

S. 34(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).

(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—

S. 34(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).

(a) the accused notified the Regulator of the filing of the charge-sheet containing the charge in accordance with subsection (1); and

S. 34(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).

(b) the Regulator re‑assessed under Part 2.4 the accused's eligibility to hold an NDIS clearance; and

(c) the accused's NDIS clearance was not revoked following the re‑assessment; and

(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.

Part 2.3—Further applications for NDIS checks

35 Time for application by holder of NDIS clearance or interstate NDIS clearance

A 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.

36 Consideration of application for NDIS check made by holder of NDIS clearance

S. 36(1)(a) amended by No. 20/2025 s. 15.

(a) a person who holds an NDIS clearance applies in accordance with section 35 for the carrying out of an NDIS check; and

S. 36(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.46).

(b) the Regulator has not been notified of any relevant change in circumstances set out in section 34(2).

S. 36(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.47).

(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.

37 Restriction on right to make further application for an NDIS check—person given an NDIS exclusion

(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.

(2) For the purposes of subsection (1) a relevant change in circumstances is—

(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

(b) a finding of guilt being quashed or set aside by a court after the date on which the NDIS exclusion was given; or

S. 37(2)(c) amended by No. 28/2025 s. 45.

(c) the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(d) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

(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

(f) the person's WWC exclusion being deemed void under section 77 or being set aside, rendered inoperative or otherwise invalidated.

(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.

Part 2.4—Re‑assessment of eligibility to hold NDIS clearance

Division 1—Re‑assessment of eligibility to hold NDIS clearance

38 Re‑assessment of eligibility to hold NDIS clearance

S. 38(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).

(1) The Regulator must re‑assess a person's eligibility to hold an NDIS clearance if—

(a) notified by the person of a relevant change in circumstances under section 34; or

S. 38(1)(b) amended by No. 58/2025 s. 75.

(b) the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or

(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

(d) notified by a law enforcement agency of a charge or how a charge has been finally dealt with; or

(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

S. 38(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).

(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.

S. 38(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).

(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—

S. 38(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).

(a) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge; and

(b) the clearance was not revoked following that re‑assessment.

S. 38(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).

(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.

39 Suspension powers on re‑assessment of NDIS clearance

S. 39(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.49).

(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—

S. 39(1)(a) amended by No. 28/2025 s. 46.

(a) the person has become subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(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

(d) a banning order has been made in respect of the person.

S. 39(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).

(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—

S. 39(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).

(a) the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and

S. 39(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).

(b) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.

S. 39(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.51).

(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—

(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.

S. 39(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.52).

(5) The Regulator must notify a person whose NDIS clearance is suspended under this section as soon as possible.

Division 2—Consideration of re‑assessment

40 Consideration of re‑assessment—NDIS clearance

S. 40(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(1) On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Regulator—

S. 40(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(a) may have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

S. 40(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(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—

(i) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(ii) the Disability Worker Registration Board; and

(iii) the Victorian Disability Worker Commission; and

(iv) the Victorian Disability Worker Commissioner; and

(v) any authorised entity; and

S. 40(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(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.

S. 40(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.54).

(2) On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Regulator—

(a) is not required to consider any matter other than the matter that has given rise to the re‑assessment; and

S. 40(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.54).

(b) may have regard to any offence or conduct that was considered by the Regulator in relation to the granting of the NDIS clearance.

Division 3—Determination of re‑assessments

41 NDIS category A re‑assessments

S. 41(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.55).

(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—

S. 41(1)(a) amended by No. 28/2025 s. 47.

(a) the person has become subject to reporting obligations imposed by the Sex Offenders Registration Act 2004; or

(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

(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.

(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.

S. 42 amended by No. 58/2025 s. 125(Sch. 2 item 1.56).

42 Determination of NDIS category A re‑assessment

The Regulator must revoke the person's NDIS clearance on an NDIS category A re‑assessment.

43 NDIS category B re‑assessments

S. 43(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.57).

(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—

(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

(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.

S. 43(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.57).

(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—

(a) the conduct constituting that offence occurred when the person was an adult; and

(b) the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and

(c) the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and

(d) the commission of the offence did not involve violence or coercion.

(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.

S. 44 amended by No. 58/2025 s. 125(Sch. 2 item 1.58).

44 Determination of NDIS category B re‑assessment

The 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—

(d) the person's relationship to the victim at the time the offence or alleged offence was committed;

(e) whether the person had a position of authority in relation to the victim at the time the offence or alleged offence was committed;

(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the person's behaviour since the person committed, or allegedly committed, the offence;

(h) all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.

45 NDIS category C re‑assessments

S. 45(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).

(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—

(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

(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

(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

(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

(e) the person has become subject to a relevant disciplinary or regulatory finding; or

(f) the person has become subject to any relevant civil penalty imposed under the NDIS Act.

S. 45(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).

(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.

(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.

S. 46 amended by No. 58/2025 s. 125(Sch. 2 item 1.60).

46 Determination of NDIS category C re‑assessment

The 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—

(a) the nature, gravity and circumstances of the conduct*;*

(b) the period of time that has passed since the person engaged, or allegedly engaged, in the conduct;

(c) the vulnerability of the victim at the time the person engaged, or allegedly engaged, in the conduct;

(d) the person's relationship to the victim at the time the person engaged, or allegedly engaged, in the conduct;

(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;

(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the person's behaviour since the person engaged, or allegedly engaged, in the conduct;

(h) all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.

Division 4—Intention to revoke NDIS clearance

47 Submission sought from holder before determining to revoke NDIS clearance

S. 47(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.61).

(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—

(a) give a written notice to the person that—

(i) informs the person of the proposal or requirement; and

S. 47(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.61).

(ii) states the information about the person of which the Regulator is aware; and

S. 47(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.61).

(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

(b) give an interim NDIS exclusion to the person.

(a) in the case of an NDIS category A re‑assessment, 14 days; and

(b) in the case of an NDIS category B re‑assessment or an NDIS category C re‑assessment, 28 days.

S. 47(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.62).

(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.

S. 47(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.62).

(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.

(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—

S. 47(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.62).

(6) If the Regulator—

(a) gives the person who holds the NDIS clearance an interim NDIS exclusion under subsection (1)(b); and

(b) finally determines not to revoke that NDIS clearance—

the Regulator must give notice in writing to the person of the determination not to revoke the NDIS clearance.

S. 48 amended by No. 58/2025 s. 125(Sch. 2 item 1.63).

48 Person given interim NDIS exclusion on re‑assessment taken not to hold an NDIS clearance

A 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.

Division 5—Revocation of NDIS clearance

49 Revocation of NDIS clearance on failure to provide information during re‑assessment

S. 49(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.64).

(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.

S. 49(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.64).

(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.

S. 49(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.65).

(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.

S. 49(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.66).

(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.

50 Revocation of NDIS clearance on failure to respond to notice

S. 50(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.67).

(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.

S. 50(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.67).

(2) If the Regulator revokes a person's NDIS clearance under subsection (1), the Regulator must give the person an NDIS exclusion.

S. 50(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.68).

(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.

51 Revocation of NDIS clearance after completing re‑assessment

S. 51(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.69).

(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.

S. 51(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.69).

(2) If the Regulator revokes a person's NDIS clearance, the Regulator must give the person a written notice that—

(a) states the reasons for revoking the person's NDIS clearance; and

(b) informs the person that the person has been given an NDIS exclusion; and

(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.

Part 2.5—Surrender of NDIS clearance

S. 52 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.70).

S. 52 amended by No. 58/2025 s. 125(Sch. 2 item 1.71).

52 Holder of NDIS clearance may surrender clearance with approval of Regulator

On 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.

Chapter 3—WWC worker screening

Part 3.1—Applications for WWC checks

Division 1—Making an application for a WWC check

S. 53 amended by No. 58/2025 s. 125(Sch. 2 item 1.72).

53 Who may apply for a WWC check

A 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.

54 How to apply for a WWC check

(1) An application for a WWC check must—

(a) be in the approved application form for a WWC check; and

(b) subject to subsection (3), be signed by the applicant; and

(c) be accompanied by the approved identifying information; and

(d) include the authorisations and consents referred to in subsection (2); and

(e) unless the applicant holds an NDIS clearance, be accompanied by the prescribed application fee; and

(f) include any prescribed information; and

(g) state whether the child-related work in which the applicant is engaged or intends to engage is for profit or gain; and

(h) contain the name, address and telephone number of each person with whom the applicant is engaged in child-related work.

(2) An applicant for a WWC check must—

(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

(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

(c) authorise the disclosure of any relevant information by any disciplinary or regulatory entity for the purposes of the enquiries described in paragraph (b).

S. 54(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.73).

(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.

S. 54(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.73).

(4) Despite subsection (1)(c), the Regulator may consider an application that does not include all the approved identifying information.

S. 54(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.74).

(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.

S. 54(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.75).

(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).

(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.

S. 55 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.76).

55 Regulator may refuse to consider application for WWC check

S. 55(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.77).

(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.

S. 55(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.78).

(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.

S. 56 amended by No. 58/2025 s. 125(Sch. 2 item 1.79).

56 Application for WWC check by applicant who has previously been given a WWC exclusion

If 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.

57 Application for WWC check by exempt applicant

S. 57(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.80).

(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.

S. 57(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.80).

(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.

S. 57(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.80).

(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.

Division 2—Consideration of applications for WWC checks

58 Consideration of application for WWC check

S. 58(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.81).

(1) The Regulator must arrange for a police record check to be conducted on an applicant for a WWC check.

S. 58(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).

(2) In considering an application for a WWC check, the Regulator may—

S. 58(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).

(a) have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

S. 58(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).

(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.

S. 58(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.83).

(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.

S. 58(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.84).

(4) Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—

(a) a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

S. 58(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.84).

(b) notice of the result of that check has been provided to the Regulator in accordance with the regulations.

S. 58(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.85).

(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.

59 Withdrawal of application for WWC check

(1) An applicant for a WWC check may withdraw the application at any time before the first of the following to occur—

S. 59(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.86).

(a) the Regulator gives the applicant an interim WWC exclusion under section 66(1)(b);

S. 59(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.86).

(b) the Regulator finally decides the application.

S. 59(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.87).

(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.

S. 59(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.87).

(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.

S. 59(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.88).

(4) If—

S. 59(4)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.88).

(a) the Regulator is aware that the applicant is a person who—

(ii) is listed with an agency; and

(b) the application is withdrawn or treated as withdrawn or reinstated under this section—

the 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.

Division 3—Determination of applications for WWC checks

60 WWC category A applications

(1) An application for a WWC check is a WWC category A application if it is in respect of a person—

S. 60(1)(a) amended by No. 28/2025 s. 48.

(a) who is subject to reporting obligations imposed on the person by the Sex Offenders Registration Act 2004; or

(b) who is subject to a supervision order, a detention order or an emergency detention order; or

(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

(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

S. 60(1)(e) amended by No. 33/2025 s. 4.

(e) who has been excluded from child-related work under a corresponding working with children law.

(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.

61 Determination of WWC category A application

S. 61(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.89).

(1) Subject to this section, the Regulator must refuse to give a WWC clearance on a WWC category A application.

S. 61(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.90).

(2) Despite subsection (1), the Regulator may give a WWC clearance on a WWC category A application if—

(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—

(i) under section 106(8); or

(ii) under an equivalent provision of the Working with Children Act 2005 before the repeal of that Act; and

S. 61(2)(b) amended by No. 20/2025 s. 16.

(b) a relevant change in circumstances (within the meaning of section 72) has not occurred with respect to the person; and

S. 61(2)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.90).

(c) the Regulator is satisfied that exceptional circumstances do not exist with respect to the person that justify the refusal of the WWC clearance.

62 WWC category B applications

(1) An application for a WWC check is a WWC category B application if it is in respect of a person—

(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

(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

S. 62(1)(c) amended by No. 33/2025 s. 5(1).

(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.

S. 62(1)(d) repealed by No. 33/2025 s. 5(2).

(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.

63 Determination of WWC category B application

S. 63(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.91).

(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—

(a) the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

(b) the period of time since the applicant committed, or allegedly committed, the offence; and

(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

(e) the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence; and

(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

(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence; and

S. 63(1)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.91).

(j) any other matter that the Regulator considers relevant to the application.

S. 63(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.92).

(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—

(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

(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

64 WWC category C applications

(1) An application for a WWC check is a WWC category C application if it is in respect of a person—

(a) who has at any time been subject to a relevant disciplinary or regulatory finding; or

(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

(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

(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

(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.

(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.

65 Determination of WWC category C application

S. 65(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).

(1) The Regulator must give a WWC clearance on a WWC category C application unless—

S. 65(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).

(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

S. 65(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).

(b) the Regulator is satisfied that—

(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

(ii) the applicant's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.

S. 65(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.94).

(2) For the purposes of subsection (1)(a), the Regulator must have regard to—

(a) the nature and gravity of the conduct and its relevance to child-related work; and

(b) the period of time since the applicant engaged, or allegedly engaged, in the conduct; and

(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

(d) in the case of an offence, the sentence imposed for it; and

(e) the ages of the applicant and of any victim at the time the applicant engaged, or allegedly engaged, in the conduct; and

(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

(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct; and

S. 65(2)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.94).

(j) any other matter that the Regulator considers relevant to the application.

Division 4—Intention to give WWC exclusion on application for WWC check

S. 66 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.95).

66 Regulator to notify applicant for WWC check of intention to exclude

S. 66(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.96).

(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—

(a) give a written notice to the applicant that—

(i) informs the applicant of the proposal or requirement; and

S. 66(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.96).

(ii) states the information about the applicant of which the Regulator is aware; and

S. 66(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.96).

(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

(b) give the applicant an interim WWC exclusion.

(a) in the case of a WWC category A application, 14 days; or

(b) in the case of a WWC category B application or a WWC category C application, 28 days.

S. 66(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.97).

(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.

S. 66(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.97).

(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.

(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—

S. 67 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.98).

S. 67 amended by No. 58/2025 s. 125(Sch. 2 item 1.99).

67 Regulator must give WWC exclusion to applicant who fails to make submission within timeframe

The 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—

(a) does not make a submission in response to a notice under section 66(1); or

S. 67(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.99).

(b) notifies the Regulator that the applicant does not want to make a submission.

Division 5—Outcome of application for WWC check

68 Outcome of application for WWC check

S. 68(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.100).

(1) Subject to subsection (2), the Regulator must give a WWC clearance on an application for a WWC check.

S. 68(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.100).

(2) The Regulator must give a WWC exclusion to an applicant who is refused a WWC clearance under section 61, 63 or 65.

(3) A WWC clearance document must—

(a) state that the person in respect of whom it was given has passed a WWC check; and

(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.

69 Notice to applicant for WWC check of outcome of application

S. 69(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.101).

(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.

S. 69(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.101).

(2) If the Regulator has given a WWC exclusion to the applicant, the notice under subsection (1) must—

(a) state the reasons for the decision to give the exclusion on the application; and

(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

(c) explain how an application may be made to VCAT.

S. 70 amended by No. 58/2025 s. 125(Sch. 2 item 1.102).

70 Copy of WWC clearance or WWC exclusion to be given to employer or agency

If the Regulator—

(a) gives a WWC clearance, a WWC exclusion or an interim WWC exclusion to an applicant; and

(b) is aware that the applicant is a person who—

the 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.

Division 6—Duration of a WWC clearance

71 Duration of a WWC clearance

A 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.

Part 3.2—Change to employer or circumstances of holder or applicant

72 Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances

(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—

S. 72(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.103).

(a) the Regulator;

(b) any person by whom the person is engaged in child-related work;

(c) any agency with which the person is listed.

(2) For the purposes of subsection (1), each of the following is a relevant change in circumstances—

(a) the person being charged with a WWC category A offence or a WWC category B offence;

(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;

S. 72(2)(c) amended by No. 28/2025 s. 49.

(c) the person becoming subject to reporting obligations imposed by the Sex Offenders Registration Act 2004;

(d) the person becoming subject to a supervision order, a detention order or an emergency detention order;

(e) a relevant disciplinary or regulatory finding being made in relation to the person;

(f) the person being given an NDIS exclusion;

(g) the person being excluded from child-related work under a corresponding working with children law.

S. 72(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).

(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—

S. 72(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).

(a) the accused notified the Regulator of the filing of the charge-sheet containing the charge in accordance with subsection (1); and

S. 72(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).

(b) the Regulator re‑assessed under Part 3.4 the accused's eligibility to hold a WWC clearance; and

(c) the accused's WWC clearance was not revoked following the re‑assessment; and

(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.

73 Notification of change in employer of holder of WWC clearance or applicant for WWC check

(a) a person has a current WWC clearance or has applied for a WWC check and the application is still pending; and

(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.

S. 73(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.105).

(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.

Penalty: 1 penalty unit.

S. 73(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.106).

(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.

Part 3.3—Further applications for WWC checks

74 Time for application for WWC check by holder of WWC clearance

A 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.

75 Consideration of application for WWC check made by holder of WWC clearance

(a) a person who holds a current WWC clearance applies in accordance with section 74 for the carrying out of a WWC check; and

S. 75(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.107).

(b) the Regulator has not been notified of any relevant change in circumstances set out in section 72(2).

S. 75(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.108).

(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.

76 Further application for WWC check by holder of current WWC volunteer clearance

(a) a person who has a current WWC volunteer clearance applies for the carrying out of a WWC check; and

(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

S. 76(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.109).

(c) the Regulator has not been notified of any relevant change in circumstances under section 72(2).

S. 76(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.110).

(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.

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.

77 Restriction on right to make further application for WWC check—person given a WWC exclusion

(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.

(2) For the purposes of subsection (1) a relevant change in circumstances is—

(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

(b) a finding of guilt being quashed or set aside by a court after the date on which the WWC exclusion was given; or

(c) the person no longer being excluded from child-related work under a corresponding working with children law; or

S. 77(2)(d) amended by No. 28/2025 s. 50.

(d) the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(e) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

(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

(g) the person's NDIS exclusion being deemed void under section 37 or being set aside, rendered inoperative or otherwise invalidated.

(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.

Part 3.4—Re‑assessment of eligibility to hold a WWC clearance

Division 1—Re‑assessment of eligibility to hold WWC clearance

78 Re‑assessment of eligibility to hold WWC clearance

S. 78(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).

(1) The Regulator must re‑assess a person's eligibility to hold a WWC clearance if—

(a) notified by the person of a relevant change in circumstances under section 72; or

S. 78(1)(b) amended by No. 58/2025 s. 83(1).

(b) the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or

(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

(d) notified by a law enforcement agency of a charge or of how a charge has been finally dealt with; or

(e) notified by the ACC that the person has been excluded from child-related work under a corresponding working with children law; or

S. 78(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).

(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.

S. 78(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).

(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—

S. 78(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).

(a) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge; and

(b) the clearance was not revoked following that re‑assessment.

(3) For the purposes of Part 6.2 or 6.3, a person must be regarded as still holding a current WWC clearance if—

(a) an interim WWC exclusion has been given under section 88(1)(b); and

(b) the person's WWC clearance—

(i) has not been revoked under section 91 following the re‑assessment; or

(ii) has not been surrendered under section 93; or

(iii) has not expired.

79 Suspension powers on re‑assessment of WWC clearance

S. 79(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.112).

(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—

(a) the person has become subject to an obligation or order specified in clause 1 of Schedule 5; or

(b) the person has been charged with or been convicted or found guilty of an offence specified in clause 2 of Schedule 5; or

(c) the person has been excluded from child‑related work under a corresponding working with children law.

S. 79(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).

(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—

S. 79(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).

(a) the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and

S. 79(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).

(b) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.

S. 79(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.114).

(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—

(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.

S. 80 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.115).

80 Regulator must notify WWC clearance holder, employer and agency of suspension

S. 80(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.116).

(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.

S. 80(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.117).

(2) If the Regulator is aware that a person whose WWC clearance is suspended under section 79—

the 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.

S. 80(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.117).

(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).

Division 2—Consideration of re‑assessment

81 Consideration of re‑assessment—WWC clearance

S. 81(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).

(1) On a re‑assessment of a person's eligibility to hold a WWC clearance, the Regulator—

S. 81(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).

(a) may have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

S. 81(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).

(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

S. 81(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.118).

(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.

S. 81(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.119).

(2) On a re‑assessment of a person's eligibility to hold a WWC clearance, the Regulator—

(a) is not required to consider any matter other than the matter that has given rise to the re‑assessment; and

S. 81(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.119).

(b) may have regard to any offence or conduct that was considered by the Regulator in relation to the giving of the WWC clearance.

Division 3—Determination of re‑assessments

82 WWC category A re‑assessments

S. 82(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.120).

(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—

S. 82(1)(a) amended by No. 28/2025 s. 51.

(a) the person has become subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(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

(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

S. 82(1)(e) amended by No. 33/2025 s. 6.

(e) the person has been excluded from child-related work under a corresponding working with children law.

(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.

S. 83 amended by No. 58/2025 s. 125(Sch. 2 item 1.121).

83 Determination of WWC category A re‑assessment

The Regulator must revoke the person's WWC clearance on a WWC category A re‑assessment.

84 WWC category B re‑assessments

S. 84(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.122).

(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—

(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

(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

S. 84(1)(c) amended by No. 33/2025 s. 7(1).

(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.

S. 84(1)(d) repealed by No. 33/2025 s. 7(2).

(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.

85 Determination of WWC category B re‑assessment

S. 85(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.123).

(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—

(a) the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

(b) the period of time since the person committed, or allegedly committed, the offence; and

(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

(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

(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

(g) the person's behaviour since the person committed, or allegedly committed, the offence; and

(h) the likelihood of future threat to a child caused by the person holding the WWC clearance; and

(i) any information given by the person in, or in relation to, the re‑assessment; and

S. 85(1)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.123).

(j) any other matter that the Regulator considers relevant to the re‑assessment.

S. 85(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.124).

(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—

(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

(b) the person's engagement in any type of child‑related work would not pose an unjustifiable risk to the safety of children.

86 WWC category C re‑assessments

S. 86(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.125).

(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—

(a) the person has become subject to a relevant disciplinary or regulatory finding; or

(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

(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

(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.

S. 86(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.125).

(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.

(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.

87 Determination of WWC category C re‑assessment

S. 87(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).

(1) The Regulator must not revoke a WWC clearance on a WWC category C re‑assessment unless—

S. 87(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).

(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

S. 87(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).

(b) the Regulator is satisfied that—

(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

(ii) the holder's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.

S. 87(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.127).

(2) For the purposes of subsection (1)(a), the Regulator must have regard to—

(a) the nature and gravity of the conduct and its relevance to child-related work; and

(b) the period of time since the holder of the WWC clearance engaged, or allegedly engaged, in the conduct; and

(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

(d) in the case of an offence, the sentence imposed for it; and

(e) the ages of the holder and of any victim at the time the holder engaged, or allegedly engaged, in the conduct; and

(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

(g) the holder's behaviour since the holder engaged, or allegedly engaged, in the conduct; and

(h) the likelihood of future threat to a child caused by the holder; and

(i) any information given by the holder in, or in relation to, the re‑assessment; and

S. 87(2)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.127).

(j) any other matter that the Regulator considers relevant to the re‑assessment.

Division 4—Intention to revoke WWC clearance

S. 87A inserted by No. 33/2025 s. 8.

87A Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings

S. 87A(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.128).

(1) Despite section 78(3), the Regulator must suspend a person's WWC clearance if—

S. 87A(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.128).

(a) the Regulator—

(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

(ii) is notified of a relevant disciplinary or regulatory finding being made against the person; and

S. 87A(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.128).

(b) the Regulator proposes to revoke the person's WWC clearance under this Division.

S. 87A(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.129).

(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—

S. 87A(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.129).

(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—

(a) quashed; or

(b) set aside.

(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.

S. 87B (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.130).

S. 87B inserted by No. 33/2025 s. 8.

87B Regulator must notify WWC clearance holder, employer and agency of suspension

S. 87B(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.131).

(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.

S. 87B(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.132).

(2) If the Regulator is aware that a person whose WWC clearance is suspended under section 87A—

the 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.

S. 87B(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.133).

(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).

88 Submission sought from holder before determining to revoke WWC clearance

S. 88(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.134).

(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—

(a) give a written notice to the person that—

(i) informs the person of the proposal or requirement; and

S. 88(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.134).

(ii) states the information about the person of which the Regulator is aware; and

S. 88(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.134).

(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

(b) give an interim WWC exclusion to the person.

(a) in the case of a WWC category A re‑assessment, 14 days; and

(b) in the case of a WWC category B re‑assessment or a WWC category C re‑assessment, 28 days.

S. 88(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.135).

(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.

S. 88(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.135).

(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.

(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—

S. 88(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.135).

(6) If the Regulator—

(a) gives the person who holds the WWC clearance an interim WWC exclusion under subsection (1)(b); and

(b) finally determines not to revoke that WWC clearance—

the Regulator must give notice in writing to the person of the determination not to revoke the WWC clearance.

Division 5—Revocation of WWC clearance

89 Revocation of WWC clearance on failure to provide information during re‑assessment

S. 89(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.136).

(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.

S. 89(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.137).

(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.

S. 89(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.138).

(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).

S. 89(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.139).

(4) If the Regulator revokes a person's WWC clearance under subsection (1), the Regulator must give the person a WWC exclusion.

S. 89(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.140).

(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.

S. 89(6) amended by No. 58/2025 s. 125(Sch. 2 item 1.141).

(6) If the Regulator is aware that the person whose WWC clearance has been revoked under subsection (1) is a person who—

the 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.

(7) Nothing in this section prevents the former holder of a WWC clearance applying for another WWC clearance under this Act.

90 Revocation of WWC clearance on failure to respond to notice

S. 90(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.142).

(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.

S. 90(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.142).

(2) If the Regulator revokes a person's WWC clearance under subsection (1), the Regulator must give the person a WWC exclusion.

S. 90(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.143).

(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.

91 Revocation of WWC clearance after completing re‑assessment and surrender of document

S. 91(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.144).

(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.

S. 91(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.144).

(2) If the Regulator revokes a person's WWC clearance, the Regulator must give the person a written notice that—

(a) states the reasons for revoking the person's WWC clearance and giving the person a WWC exclusion; and

(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

(c) explains how an application may be made to VCAT.

S. 91(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.144).

(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.

(4) A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice under subsection (3).

S. 91(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.145).

(5) If the Regulator—

(a) gives a notice under subsection (3) on the expiry of a WWC clearance; and

(b) is aware that the person whose WWC clearance has expired is a person who—

the 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.

S. 92 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.146).

S. 92 amended by No. 58/2025 s. 125(Sch. 2 item 1.147).

92 Regulator to give copy of WWC exclusion to employer or agency

If the Regulator—

(a) gives the person who holds a WWC clearance a WWC exclusion under section 91 or an interim WWC exclusion under section 88; and

(b) is aware that the person is a person who—

the 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.

Part 3.5—Surrender of WWC clearance

93 Holder of WWC clearance may surrender clearance

S. 93(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.148).

(1) The holder of a WWC clearance may at any time surrender the WWC clearance document to the Regulator.

(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.

S. 93(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.149).

(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.

Penalty: 1 penalty unit.

S. 93(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.150).

(4) If—

S. 93(4)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.150).

(a) a person surrenders a WWC clearance document to the Regulator under subsection (1); and

S. 93(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.150).

(b) the Regulator is aware that the former holder of the WWC clearance is a person who—

the 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.

Pt 3.6 (Heading and s. 93A) inserted by No. 33/2025 s. 9.

Part 3.6—Cancellation of WWC clearance

S. 93A inserted by No. 33/2025 s. 9.

93A Power to cancel WWC clearance

S. 93A(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.151).

(1) The Regulator may cancel a person's WWC clearance if—

(a) the person had given information that was false or misleading in a material particular in or in connection with—

(i) the application for the WWC check; or

(ii) re‑assessment of eligibility to hold the WWC clearance; or

(b) the clearance was given on an application for a WWC check that was prohibited by this Act.

(2) A person whose WWC clearance is cancelled ceases to be the holder of a WWC clearance.

S. 93A(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).

(3) If the Regulator cancels a person's WWC clearance, the Regulator must give the person a written notice that—

(a) states the reasons for cancelling the person's WWC clearance; and

(b) in the case of a cancellation under subsection (1)(a), informs the person that the person may apply for a WWC check; and

S. 93A(3)(c) amended by No. 58/2025 s. 27.

(c) in the case of a cancellation under subsection (1)(a), explains how an application for a WWC check may be made; and

S. 93A(3)(d) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).

(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.

(4) A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice under subsection (3).

S. 93A(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).

(5) If the Regulator is aware that a person whose WWC clearance is cancelled—

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

the 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.

Chapter 4—Review

Part 4.1—Internal review of decisions relating to NDIS clearances

94 Decisions for which internal review may be sought

(1) Subject to this section, a person may apply for internal review of—

S. 94(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.153).

(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

S. 94(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.153).

(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.

(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).

(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).

95 Application for internal review

S. 95(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.154).

(1) An application for internal review is to be made, in writing, in the form approved by the Regulator.

S. 95(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.154).

(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).

S. 95(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.154).

(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.

96 NDIS exclusion continues to apply until internal review decided

If 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.

97 Applicant may provide further information

S. 97(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.155).

(1) An applicant for internal review may provide to the Regulator any further information that the applicant considers relevant.

S. 97(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.156).

(2) If the applicant provides any further information under subsection (1), the Regulator may—

(a) make any further enquiries of the applicant; or

S. 97(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.156).

(b) make any other enquiries of any person or source that the Regulator thinks fit, including but not limited to—

(i) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(ii) any disciplinary or regulatory entity; and

(iii) any authorised entity; and

(iv) the Disability Worker Registration Board; and

(v) the Victorian Disability Worker Commission; and

(vi) the Victorian Disability Worker Commissioner.

98 Time for conducting internal review

S. 98(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.157).

(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.

S. 98(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.157).

(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.

99 Outcome of internal review

S. 99(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.158).

(1) On completion of an internal review, the Regulator may—

(a) in the case of internal review of a decision referred to in section 94(1)(a)—

(i) give an NDIS exclusion to the applicant; or

(ii) give an NDIS clearance to the applicant; or

(b) in the case of internal review of a decision referred to in section 94(1)(b)—

(i) revoke the applicant's NDIS clearance and give the applicant an NDIS exclusion; or

(ii) reinstate the person's NDIS clearance.

S. 99(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.158).

(2) As soon as possible after completing an internal review, the Regulator must give the applicant for internal review written notice of the outcome.

S. 99(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.159(a)).

(3) If the Regulator has given an NDIS exclusion to the applicant under subsection (1), the notice under subsection (2) must—

(a) state the reasons for the decision to give the NDIS exclusion or to revoke the NDIS clearance (as the case requires); and

S. 99(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.159(b)).

(b) inform the applicant that the applicant may apply to VCAT for review of the Regulator's decision; and

(c) explain how an application may be made to VCAT.

Part 4.2—VCAT review of decisions relating to NDIS clearances

100 Definitions

S. 100 def. of NDIS category A decision amended by No. 58/2025 s. 125(Sch. 2 item 1.160(a)).

NDIS category A decision means a decision by the Regulator under section 99(1)—

(a) to give a person an NDIS exclusion on an NDIS category A application; or

(b) to revoke a person's NDIS clearance following an NDIS category A re‑assessment;

S. 100 def. of NDIS category B decision amended by No. 58/2025 s. 125(Sch. 2 item 1.160(b)).

NDIS category B decision means a decision by the Regulator under section 99(1)—

(a) to give a person an NDIS exclusion on an NDIS category B application; or

(b) to revoke a person's NDIS clearance following an NDIS category B re‑assessment;

S. 100 def. of NDIS category C decision amended by No. 58/2025 s. 125(Sch. 2 item 1.160(c)).

NDIS category C decision means a decision by the Regulator under section 99(1)—

(a) to give a person an NDIS exclusion on an NDIS category C application; or

(b) to revoke a person's NDIS clearance following an NDIS category C re‑assessment.

101 Jurisdiction of VCAT—NDIS

S. 101(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.161).

(1) Each of the following decisions made by the Regulator is reviewable by VCAT—

(a) subject to subsection (2), an NDIS category A decision;

(b) an NDIS category B decision;

(c) an NDIS category C decision.

(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).

(3) An application for review under subsection (1) must be made within 28 days after the later of—

S. 101(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.162).

(a) the day on which the decision of the Regulator is made under section 99(1); or

(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.

Note to s. 101 amended by No. 58/2025 s. 125(Sch. 2 item 1.163).

VCAT 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).

102 VCAT review of NDIS category B decisions

(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.

(2) In determining whether there are exceptional circumstances, VCAT must have regard to the following—

(d) the applicant's relationship to the victim at the time the offence or alleged offence was committed;

(e) whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence was committed;

(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence;

(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history;

(i) any other matter that VCAT considers relevant.

(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.

103 VCAT review of NDIS category C decisions

(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*—*

(a) the nature, gravity and circumstances of the conduct;

(b) the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;

(c) the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(d) the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(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;

(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;

(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history;

(i) any other matter that VCAT considers relevant.

(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.

S. 104 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.164).

S. 104 amended by No. 58/2025 s. 125(Sch. 2 item 1.165).

104 Regulator may request information for purposes of VCAT proceeding

The 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—

(a) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(b) any disciplinary or regulatory entity; and

(c) any authorised entity; and

(d) the Disability Worker Registration Board; and

(e) the Victorian Disability Worker Commission; and

(f) the Victorian Disability Worker Commissioner.

Part 4.3—VCAT review of decisions relating to WWC clearances

105 Jurisdiction of VCAT—working with children

(1) Each of the following decisions by the Secretary is reviewable by VCAT—

S. 105(1)(a) amended by No. 33/2025 s. 10(1).

(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);

(b) a decision to give a WWC exclusion on a WWC category B application or a WWC category C application;

S. 105(1)(c) amended by No. 33/2025 s. 10(1).

(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);

(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.

S. 105(2) amended by No. 33/2025 s. 10(2).

(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).

S. 105(3) amended by No. 33/2025 s. 10(3).

(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.

(4) An application for review under subsection (1) must be made within 28 days after the later of—

(a) the day on which the decision of the Secretary is made; or

(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.

VCAT 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).

106 Jurisdiction of VCAT—WWC category A

(1) Subject to subsection (2), a person may apply to VCAT for a WWC clearance if the person has been given a WWC exclusion—

S. 106(1)(a) amended by No. 33/2025 s. 11(1).

(a) on a WWC category A application (other than a person referred to in section 60(1)(a), (b) or (e)); or

S. 106(1)(b) amended by No. 33/2025 s. 11(2).

(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)).

(2) A person may not apply to VCAT under subsection (1) if—

(a) the person has at any time been charged with or convicted or found guilty of a WWC category A offence; and

(b) the person was an adult at the time of the commission or alleged commission of the offence.

(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.

(4) An application under subsection (1) must be made within 28 days after the later of—

(a) the day on which the decision of the Secretary to give the WWC exclusion is made; and

(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.

(5) Pending the final determination of an application under subsection (1), VCAT may—

(a) make an order staying the operation of the Secretary's decision; and

(b) make any other order it considers appropriate having regard to the matters set out in subsection (6).

(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—

(a) the nature and gravity of the offence and its relevance to child-related work; and

(b) the period of time since the applicant committed the offence; and

(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

(e) the ages of the applicant and of any victim at the time the applicant committed the offence; and

(f) whether or not the conduct that constituted the offence has been decriminalised since the applicant engaged in it; and

(g) the applicant's behaviour since the applicant committed the offence; and

(j) any other matter that VCAT considers relevant to the application.

(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—

(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

(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

(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.

(9) The Secretary must comply with an order made by VCAT under subsection (8).

107 Jurisdiction of VCAT—WWC category B

(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).

(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—

(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

(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

(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.

108 Jurisdiction of VCAT—WWC category C

(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).

(2) VCAT must determine that it is appropriate to refuse to give a WWC clearance unless VCAT is satisfied that—

(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

(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

(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.