VersionNo. 002
Working with Children Regulations2016
S.R. No. 9/2016
Version incorporating amendments as at
1 July 2017
TABLE OF PROVISIONS
RegulationPage
1
RegulationPage
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
6Application fees
7Secretary may reduce, waive or refund payment of fees
8Prescribed bodies
9Findings of a prescribed kind
10Prescribed persons
11Notification of change to personal particulars
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 002
Working with Children Regulations2016
S.R. No. 9/2016
Version incorporating amendments as at
1 July 2017
1
Working with Children Regulations2016
S.R. No. 9/2016
1Objectives
The objectives of these Regulations are—
(a)to prescribe application fees for a working with children check and to make provision for the waiver, reduction or refund of those fees; and
(b)to provide for offences relating to a failure byan applicant for or a holder of an assessment notice to notify the Secretary
of a change in the applicant's or holder's personal particulars; and
(c)to prescribe a body for the purposes of sections10(3)(b), 11(1)(b),14(1)(a), 21(1)(b), 21AA(1)(a) and 21AD(1)(a) of theWorking with Children Act 2005;and
(d)to prescribe findings of a prescribed body forthe purposes of sections 14(1)(a) and21AD(1)(a) of the Working with Children Act 2005; and
(e)to prescribe persons for the purposes of section43(b) of the Working with Children Act 2005.
2Authorising provision
These Regulations are made under section 49 of the Working with Children Act 2005.
3Commencement
These Regulations come into operation on 27March 2016.
4Revocation
The following Regulations are revoked—
(a)the Working with Children Regulations 2006[1];
(b)the Working with Children (Amendment) Regulations 2007[2];
(c)the Working with Children Amendment Regulations 2008[3];
(d)the Working with Children Amendment Regulations 2010[4];
(e)the Working with Children Amendment Regulations 2012[5];
(f)the Working with Children Amendment (Fees) Regulations 2012[6].
5Definitions
In these Regulations—
Reg.5 def. of Commission for Children and Young Peopleinserted by S.R.No. 59/2017 reg.5.
Commission for Children and Young People means the Commission for Children and Young People established by section 6 of theCommission for Children and Young People Act 2012;
personal particulars means—
(a)a person's full name and any other name by which the person has been known; and
(b)a person's date of birth; and
(c)a person's residential address; and
(d)any telephone number provided as a person's telephone number in relation tothe person's application for an assessment notice or current assessment notice;
Suitability Panel means the Suitability Panel established under Division 5 of Part 3.4 of the Children, Youth and Families Act2005;
the Actmeans the Working with Children Act2005;
Victorian Institute of Teaching means the Victorian Institute of Teaching continuedin operation under Part 2.6 of the Education and Training Reform Act 2006.
6Application fees
The prescribed fee for an application under theAct referred to in column 2 of the Table is thefee opposite the application in column 3 of theTable.
Table
No. / Type of application / Fee1 / An application for a working with children check under section 10 of the Act for child-related work that is for profit or gain / 8∙54 fee units
2 / An application for a working with children check under section 10 of the Act, enabled by section 19(2) of the Act, for child-related work that is for profit or gain / 6∙32 fee units
3 / An application for the replacement of an assessment notice document for child-related work that is for profit or gain / $7.38
7Secretary may reduce, waive or refund payment of fees
The Secretary may, before or after an application referred to in column 2 of the Table in regulation6, reduce, waive or refund (in whole orin part) the fee required under regulation 6 forthat application.
8Prescribed bodies
For the purposes of sections 10(3)(b), 11(1)(b), 14(1)(a), 21(1)(b),21AA(1)(a) and 21AD(1)(a) of the Act, the following bodies are prescribed—
(a)the Victorian Institute of Teaching;
Reg.8(b) amended by S.R.No. 59/2017 reg.6(a).
(b)the Suitability Panel;
Reg.8(c) inserted by S.R.No. 59/2017 reg.6(b).
(c)the Commission for Children and Young People.
9Findings of a prescribed kind
For the purposes of sections 14(1)(a) and21AD(1)(a) of theAct, the following are findings of a prescribed kind—
(a)a determination by a panel appointed under section 2.6.42(c) of the Education and Training Reform Act 2006to do one or more of the following—
(i)impose conditions, limitations or restrictions on the registration of a teacher; or
(ii)suspend the registration of a teacher; or
(iii)cancel the registration of a teacher;
Reg.9(b) amended by S.R.No. 59/2017 reg.7(a).
(b)a finding by the Suitability Panel under section 106 of the Children, Youth and Families Act 2005 that a person should be disqualified from registration under Part 3.4 of that Act;
Reg.9(c) inserted by S.R.No. 59/2017 reg.7(b).
(c)a finding that a person has committed reportable conduct within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005 that is referred under section 16ZD(1) of that Act.
10Prescribed persons
For the purposes of section 43(b) of the Act, a prescribed person is a person who is a police officer within the meaning of the Victoria Police Act 2013 and who has taken and subscribed the oath or affirmation of office referred to in section50(1) of that Act (other than a member who is suspended from duty under that Act).
11Notification of change to personal particulars
(1)A person who has made an application for an assessment notice that is still pending must notify the Secretary of any change to the applicant's personal particulars within 21 days of becoming aware of the change.
Penalty:1 penalty unit.
(2)A person who holds a current assessment notice must notify the Secretary of any change to the holder's personal particulars within 21 days of becoming aware of the change.
Penalty:1 penalty unit.
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Endnotes
1General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Working with Children Regulations 2016, S.R.No.9/2016 were made on 1 March 2016 by the Governor in Council under section 49 of theWorking with Children Act 2005, No.57/2005 and came into operation on 27 March 2016: regulation 3.
The Working with Children Regulations 2016 will sunset 10 years after the day of making on 1 March 2026 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression"(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
•Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
•Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
•Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
•Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2Table of Amendments
This publication incorporates amendments made to the Working with Children Regulations2016 by statutory rules, subordinate instruments and Acts.
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Working with Children Amendment (Reportable Conduct) Regulations 2017, S.R.No.59/2017
Date of Making: / 27.6.17Date of Commencement: / 1.7.17: reg. 3
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3Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4Explanatory details
1
[1] Reg. 4(a): S.R. No. 29/2006. Reprint No. 1 as at 21 August 2008. Reprintedto S.R. No. 53/2008. Subsequently amended by S.R.Nos119/2010, 98/2012 and 143/2012.
[2] Reg. 4(b): S.R. No. 59/2007.
[3] Reg. 4(c): S.R. No. 53/2008.
[4] Reg. 4(d): S.R. No. 119/2010.
[5] Reg. 4(e): S.R. No. 98/2012.
[6] Reg. 4(f): S.R. No. 143/2012.