106Jurisdiction of VCAT—WWC category A

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