s. 26 engaged in any type of child-related work; and (b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children. S. 26(3) (3) If, in accordance with this section, VCAT is substituted by satisfied that giving an assessment notice would No. 61/2012 s. 12(3). not pose an unjustifiable risk to the safety of children, VCAT may by order direct the Secretary to give the assessment notice to the applicant if it is satisfied that, in all the circumstances, it is in the public interest to do so. (4) The Secretary must comply with an order made by VCAT under subsection (3). (5) Subject to subsection (6), an applicant who has been given a negative notice— (a) on a category 1 application on the ground S. 26(5)(a) amended by that he or she is a person referred to in No. 61/2012 paragraph (a), (b) or (ba) of section 12(1); or s. 12(4). S. 26(5)(b) (b) on a category 2 application or a category 3 amended by application; or No. 56/2007 s. 14(2)(a). (c) because of a decision of the Secretary to do S. 26(5)(c) inserted by so under section 17(1A); or No. 56/2007 s. 14(2)(b). S. 26(5)(d) (d) because of a decision of the Secretary under inserted by section 23(1) to revoke an assessment No. 56/2007 notice— s. 14(2)(b). may apply to VCAT for review of the decision to give the notice. (6) A person who is given a negative notice in the circumstances described in subsection (5)(a) may only apply for review on the ground that he or she is not such a person.
engaged in any type of child-related work; and (b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children. S. 26(3) substituted by No. 61/2012 s. 12(3). (3) If, in accordance with this section, VCAT is satisfied that giving an assessment notice would not pose an unjustifiable risk to the safety of children, VCAT may by order direct the Secretary to give the assessment notice to the applicant if it is satisfied that, in all the circumstances, it is in the public interest to do so. (4) The Secretary must comply with an order made by VCAT under subsection (3). (5) Subject to subsection (6), an applicant who has been given a negative notice— s. 26 S. 26(5)(a) amended by No. 61/2012 s. 12(4). (a) on a category 1 application on the ground that he or she is a person referred to in paragraph (a), (b) or (ba) of section 12(1); or S. 26(5)(b) amended by No. 56/2007 s. 14(2)(a). (b) on a category 2 application or a category 3 application; or S. 26(5)(c) inserted by No. 56/2007 s. 14(2)(b). (c) because of a decision of the Secretary to do so under section 17(1A); or S. 26(5)(d) inserted by No. 56/2007 s. 14(2)(b). (d) because of a decision of the Secretary under section 23(1) to revoke an assessment notice— may apply to VCAT for review of the decision to give the notice. (6) A person who is given a negative notice in the circumstances described in subsection (5)(a) may only apply for review on the ground that he or she is not such a person.
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