1.1 Reporting obligations imposed on a person by the Sex Offenders Registration Act2004.
1.2 A supervision order, a detention order or an emergency detention order.
2 Offences
2.1 An offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 (sexual offences) other than a carnal knowledge offence.
2.2 A carnal knowledge offence where the conduct constituting the offence occurs when the person committing the offence is an adult.
2.3 An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 (violent offences).
2.4 An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 (drug offences).
2.5 An offence—
(a) against section 71AB (trafficking in a drug of dependence to a child) or 71B (supply of a drug of dependent to a child) of the Drugs, Poisons and Controlled Substances Act 1981; or
(b) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 71AB or 71B of the Drugs, Poisons and Controlled Substances Act 1981.
2.6 An offence—
(a) against section 46 or 47 of the Sex Offenders Registration Act 2004 or against Part 5 of that Act (other than section 70); or
(b) against the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3); or
(c) against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or
Sch. 5 cl. 2.6(d) amended by No. 28/2025 s. 57.
(d) against the Serious Offenders Act 2018 (other than section 277, 281, 284, 284A or 289A); or
(e) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against—
(i) section 46 or 47 of the Sex Offenders Registration Act 2004 or Part 5 of that Act (other than section 70); or
(ii) the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or
(iii) the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or
Schedule Sch 5 - Worker Screening Act 2020 - Obligations and orders and offences | Zoe
Sch. 5 cl. 2.6(e)(iv) amended by No. 28/2025 s. 57.
(iv) the Serious Offenders Act 2018 (other than section 277, 281, 284, 284A or 289A).
2.7 An offence against section 271.4 (trafficking in children) or 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth, other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.
2.8 An offence against section 21A (stalking) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 21A of that Act, in circumstances where the person against whom the offence is committed is a child.
2.9 An offence against section 49N(1) (loitering near schools etc. by sexual offender) of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49N(1) of that Act, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.
2.10 An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.), inserted in the Crimes Act 1958 by section 10 of the Crimes (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against that section 60B(2) of the Crimes Act 1958, in circumstances where the conduct constituting the offence occurs when the person committing the offence is an adult.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 18 September 2020
Legislative Council: 15 October 2020
The long title for the Bill for this Act was "A Bill for an Act to provide for the screening of persons working with or caring for children or providing supports or services to persons with a disability under the National Disability Insurance Scheme, to repeal the Working with Children Act 2005 and for other purposes."
The Worker Screening Act 2020 was assented to on 4 November 2020 and came into operation as follows:
Sections 1–244, 246 on 1 February 2021: Special Gazette (No. 647) 8 December 2020 page 1.
Section 245 on 15 September 2021: s. 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Worker Screening Act 2020 by Acts and subordinate instruments.
| Assent Date: | 4.11.20 |
| Commencement Date: | S. 246 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1; s. 245 on 15.9.21: s. 2(2) |
| Note: | S. 246 repealed Pt 9.3 (ss 160–246) on 15.9.22 |
Sex Work Decriminalisation Act 2022, No. 7/2022
| Assent Date: | 1.3.22 |
| Commencement Date: | S. 82 on 1.12.23: s. 2(3) |
Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022
| Assent Date: | 23.8.22 |
| Commencement Date: | S. 66 on 24.5.23: s. 2(3) |
Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 36, 37 on 30.7.23: s. 2(5) |
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
| Assent Date: | 23.5.23 |
| Commencement Date: | S. 267 on 20.9.23: Special Gazette (No. 483) 12.9.23 p. 1 |
Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024
| Assent Date: | 20.2.24 |
| Commencement Date: | Ss 61, 62 on 21.2.24: s. 2(1) |