105Jurisdiction of VCAT—working with children

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(3) A person whose WWC clearance was revoked by the Secretary following a WWC category A re‑assessment may only apply to VCAT for review on the ground that the circumstances referred to in section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).