107Jurisdiction of VCAT—WWC category B

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.