Working with Children Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Working with Children Regulations 2016 S.R. No. 9/2016 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 5 Definitions 3 6 Application fees 3 7 Secretary may reduce, waive or refund payment of fees 4 8 Prescribed bodies 4 9 Findings of a prescribed kind 4 10 Prescribed persons 5 11 Notification of change to personal particulars 5 ═══════════════ Endnotes 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 9/2016 Working with Children Act 2005 Working with Children Regulations 2016 The Governor in Council makes the following Regulations: Dated: 1 March 2016 Responsible Minister: MARTIN PAKULA Attorney-General ANDREW ROBINSON Clerk of the Executive Council 1 Objectives 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 by an 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 sections 10(3)(b), 11(1)(b), 14(1)(a), 21(1)(b), 21AA(1)(a) and 21AD(1)(a) of the Working with Children Act 2005; and -- 2 of 8 -- Working with Children Regulations 2016 S.R. No. 9/2016 2 Authorised by the Chief Parliamentary Counsel (d) to prescribe findings of a prescribed body for the purposes of sections 14(1)(a) and 21AD(1)(a) of the Working with Children Act 2005; and (e) to prescribe persons for the purposes of section 43(b) of the Working with Children Act 2005. 2 Authorising provision These Regulations are made under section 49 of the Working with Children Act 2005. 3 Commencement These Regulations come into operation on 27 March 2016. 4 Revocation The following Regulations are revoked— (a) the Working with Children Regulations 20061 ; (b) the Working with Children (Amendment) Regulations 20072 ; (c) the Working with Children Amendment Regulations 20083 ; (d) the Working with Children Amendment Regulations 20104 ; (e) the Working with Children Amendment Regulations 20125 ; (f) the Working with Children Amendment (Fees) Regulations 20126 . -- 3 of 8 -- Working with Children Regulations 2016 S.R. No. 9/2016 3 Authorised by the Chief Parliamentary Counsel 5 Definitions In these Regulations— 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 to the 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 Act 2005; the Act means the Working with Children Act 2005; Victorian Institute of Teaching means the Victorian Institute of Teaching continued in operation under Part 2.6 of the Education and Training Reform Act 2006. 6 Application fees The prescribed fee for an application under the Act referred to in column 2 of the Table is the fee opposite the application in column 3 of the Table. -- 4 of 8 -- Working with Children Regulations 2016 S.R. No. 9/2016 4 Authorised by the Chief Parliamentary Counsel Table No. Type of application Fee 1 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 7 Secretary 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 regulation 6, reduce, waive or refund (in whole or in part) the fee required under regulation 6 for that application. 8 Prescribed 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; (b) the Suitability Panel. 9 Findings of a prescribed kind For the purposes of sections 14(1)(a) and 21AD(1)(a) of the Act, the following are findings of a prescribed kind— -- 5 of 8 -- Working with Children Regulations 2016 S.R. No. 9/2016 5 Authorised by the Chief Parliamentary Counsel (a) a determination by a panel appointed under section 2.6.42(c) of the Education and Training Reform Act 2006 to 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; (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. 10 Prescribed 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 section 50(1) of that Act (other than a member who is suspended from duty under that Act). 11 Notification 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. -- 6 of 8 -- Working with Children Regulations 2016 S.R. No. 9/2016 6 Authorised by the Chief Parliamentary Counsel (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. ═══════════════ -- 7 of 8 -- Endnotes Working with Children Regulations 2016 S.R. No. 9/2016 7 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(a): S.R. No. 29/2006. Reprint No. 1 as at 21 August 2008. Reprinted to S.R. No. 53/2008. Subsequently amended by S.R. Nos 119/2010, 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. -- 8 of 8 --