s. 33 Monitoring Act 2005 or a supervision order or a detention order; or (c) unless engaging in the work as a volunteer or undertaking practical training— (i) having applied for a working with children check and been given a negative notice, had notified his or her employer of the giving of that notice; and (ii) his or her employer was in the process of— (A) transferring him or her to work that was not child-related work; or S. 33(2) (B) terminating his or her employment (c)(ii)(B) in accordance with the amended by No. 74/2009 requirements of the Fair Work Act s. 20(1). 2009 of the Commonwealth. S. 33(2A) (2A) A person is not guilty of an offence against inserted by subsection (1) if, at the time the offence is alleged No. 56/2007 to have been committed, he or she had been given s. 15. 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.
Monitoring Act 2005 or a supervision order or a detention order; or s. 33 (c) unless engaging in the work as a volunteer or undertaking practical training— (i) having applied for a working with children check and been given a negative notice, had notified his or her employer of the giving of that notice; and (ii) his or her employer was in the process of— (A) transferring him or her to work that was not child-related work; or S. 33(2) (c)(ii)(B) amended by No. 74/2009 s. 20(1). (B) terminating his or her employment in accordance with the requirements of the Fair Work Act 2009 of the Commonwealth. S. 33(2A) inserted by No. 56/2007 s. 15. (2A) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed, he or she 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.
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