(a) the worker had applied for a working with S. 36(2)(a) children check and the application had not amended by No. 61/2012 been finally decided or withdrawn; or s. 16, substituted by No. 66/2014 s. 36(2). (b) the worker was exempt from a working with children check in respect of the work under Part 3. (2AA) The accused may not rely on the defence set out in S. 36(2AA) inserted by subsection (2)(a) if, at the time the offence is No. 66/2014 alleged to have been committed, the accused— s. 36(3). (a) knew or ought reasonably to have known that the worker was subject to an obligation or order specified in clause 1 of Schedule 3; or (b) knew or ought reasonably to have known that the worker had been charged with or convicted or found guilty of an offence specified in clause 2 of Schedule 3. (2A) An agency is not guilty of an offence against S. 36(2A) inserted by subsection (1) if, at the time the offence is alleged No. 56/2007 to have been committed, the worker had been s. 18. given a negative notice by the Secretary and had applied to VCAT— (a) under section 26A(1) for an assessment S. 36(2A)(a) amended by notice to be given to him or her; or No. 66/2014 s. 36(4). (b) under section 26(1) for review of a decision S. 36(2A)(b) substituted by of the Secretary to give him or her a negative No. 66/2014 notice— s. 36(5).
S. 36(2)(a) amended by No. 61/2012 s. 16, substituted by No. 66/2014 s. 36(2). (a) the worker had applied for a working with children check and the application had not been finally decided or withdrawn; or (b) the worker was exempt from a working with children check in respect of the work under Part 3. S. 36(2AA) inserted by No. 66/2014 s. 36(3). (2AA) The accused may not rely on the defence set out in subsection (2)(a) if, at the time the offence is alleged to have been committed, the accused— (a) knew or ought reasonably to have known that the worker was subject to an obligation or order specified in clause 1 of Schedule 3; or (b) knew or ought reasonably to have known that the worker had been charged with or convicted or found guilty of an offence specified in clause 2 of Schedule 3. S. 36(2A) inserted by No. 56/2007 s. 18. (2A) An agency is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed, the worker had been given a negative notice by the Secretary and had applied to VCAT— S. 36(2A)(a) amended by No. 66/2014 s. 36(4). (a) under section 26A(1) for an assessment notice to be given to him or her; or S. 36(2A)(b) substituted by No. 66/2014 s. 36(5). (b) under section 26(1) for review of a decision of the Secretary to give him or her a negative notice—