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WORKING WITH CHILDREN ACT 2005 - SECT 3

Definitions

    (1)     In this Act—

"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;

"assessment notice" means an assessment notice given by the Secretary to an applicant for a working with children check under Part 2;

S. 3(1) def. of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch.  2 item 112).

    *     *     *     *     *

S. 3(1) def. of carnal knowledge offence inserted by No. 56/2007 s. 3(2).

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

S. 3(1) def. of category A offence inserted by No. 66/2014 s. 6(4).

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

S. 3(1) def. of category B offence inserted by No. 66/2014 s. 6(4).

"category B offence" means an offence specified in Schedule 2;

"child" means a person under 18 years of age;

S. 3(1) def. of child pornography offence amended by No. 42/2015 s. 30, substituted as child abuse material offence by No. 47/2016 s. 49(1).

"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 paragraphs (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(ii), (iii), (iv), (v), (vi) or (vii), of clause 1 of Schedule 1 to the Sentencing Act 1991 ;

child-related work has the meaning given by section 9 ;

S. 3(1) def. of community or treatment order
inserted by No. 66/2014 s. 6(4).

"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 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 ;

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

S. 3(1) def. of detention order inserted by No. 91/2009 s. 219(Sch. 3 item 7.1(b)).

"detention order" means a detention order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 or an interim detention order under that Act;

S. 3(1) def. of direct contact amended by Nos 66/2014 s. 6(1), 72/2016 s. 4(1).

"direct contact" 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;

S. 3(1) def. of educational institution substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 48.1), amended by No. 76/2013 s. 21.

"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;

              (iv)     an adult education institution within the meaning of the Education and Training Reform Act 2006 ;

              (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 or an adult education institution 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;

S. 3(1) def. of interim negative notice amended by No. 66/2014 s. 6(2).

"interim negative notice" means an interim negative notice given by the Secretary under section 16(1)(b) or 21AE(1)(b);

S. 3(1) def. of minister of religion
inserted by No. 66/2014 s. 6(4).

"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;

S. 3(1) def. of negative notice amended by No. 66/2014 s. 6(3).

"negative notice" means a negative notice given by the Secretary to an applicant for a working with children check under Part 2 or on revoking an assessment notice under section 21C;

"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;

S. 3(1) def. of parent amended by Nos 48/2006 s. 42(Sch. item 39.1), 56/2007 s. 3(1)(a).

"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;

"person" includes an unincorporated body or association and a partnership;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 187.1).

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

S. 3(1) def. of registered medical practitioner inserted by No. 56/2007 s. 3(2), substituted by No. 13/2010 s. 51(Sch. item 61).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

"relevant finding" means a finding of a kind referred to in section 14(1)(a);

S. 3(1) def. of relevant offence amended by Nos 56/2007 s. 3(1)(b), 91/2009 s. 219(Sch. 3 item 7.1(a)), repealed by No. 66/2014 s. 6(5).

    *     *     *     *     *

S. 3(1) def. of Secretary amended by No. 72/2016 s. 4(2).

"Secretary" means Secretary to the Department of Justice and Regulation;

S. 3(1) def. of supervision order inserted by No. 91/2009 s. 219(Sch. 3 item 7.1(b)).

"supervision order" means a supervision order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 or an interim supervision order under that Act;

S. 3(1) def. of work
inserted by No. 66/2014 s. 6(4).

"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;

"working with children check" means the process under Part 2 for assessing or re‑assessing whether a person is suitable to work in child‑related work.

    (2)     For the purposes of this Act a person is listed with an agency if he or she has entered into an agreement with the agency for the agency to procure child-related work for him or her, 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 he or she has all or any of his or her out-of-pocket expenses reimbursed.



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