s. 37 (b) the worker was exempt from a working with children check in respect of the work under Part 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 26(1) for an assessment notice to be given to him or her; or (b) under section 26(5) for review of a decision of the Secretary to give him or her a negative notice— and the decision of the Secretary was the subject of an order by VCAT staying the operation of the decision. (3) An agency that is guilty of an offence against subsection (1) is liable, in the case of a natural person, to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both and, in the case of a body corporate, to a fine not exceeding 1200 penalty units. 37 Using volunteer assessment notice for paid work (1) A person is guilty of an offence if— (a) he or she has a current assessment notice that was given to him or her on an application that did not specify an intention to engage in child-related work for profit or gain; and (b) he or she engages in child-related work for profit or gain; and (c) he or she knows that his or her current assessment notice was given on an application of a kind referred to in paragraph (a); and
(b) the worker was exempt from a working with children check in respect of the work under Part 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— (a) under section 26(1) for an assessment notice to be given to him or her; or (b) under section 26(5) for review of a decision of the Secretary to give him or her a negative notice— and the decision of the Secretary was the subject of an order by VCAT staying the operation of the decision. (3) An agency that is guilty of an offence against subsection (1) is liable, in the case of a natural person, to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both and, in the case of a body corporate, to a fine not exceeding 1200 penalty units. 37 Using volunteer assessment notice for paid work s. 37 (1) A person is guilty of an offence if— (a) he or she has a current assessment notice that was given to him or her on an application that did not specify an intention to engage in child-related work for profit or gain; and (b) he or she engages in child-related work for profit or gain; and (c) he or she knows that his or her current assessment notice was given on an application of a kind referred to in paragraph (a); and
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