Worker Screening Act 2020

ACC means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;

agency means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring child-related work for persons seeking such work, whether or not the business includes procuring any other kind of work for those persons or other persons;

S. 3(1) def. of approved application form amended by No. 58/2025 s. 125(Sch. 2 item 1.1(a)).

approved application form means an application form for a screening check approved by the Regulator under section 13;

S. 3(1) def. of approved identifying information amended by No. 58/2025 s. 125(Sch. 2 item 1.1(b)).

approved identifying information means identifying information of a kind approved by the Regulator under section 12;

authorised entity, in relation to NDIS worker screening, means—

banning order means an order made under section 73ZN of the NDIS Act;

carnal knowledge offence means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person under 18 years of age;

child abuse material offence means—

child-related work has the meaning given by section 7;

S. 3(1) def. of child safety risk information inserted by No. 58/2025 s. 73.

child safety risk information has the meaning given by section 7A;

clearance means—

S. 3(1) def. of community or treatment order amended by No. 34/2020 s. 245.

community or treatment order means—

corresponding NDIS worker screening law means a prescribed law of another State or a Territory that provides for screening of persons who are to be employed or engaged in risk assessed roles;

S. 3(1) def. of corresponding reportable conduct law inserted by No. 58/2025 s. 26(a).

corresponding reportable conduct law means a law of another State or a Territory that substantially corresponds to Part 5A of the Child Wellbeing and Safety Act 2005;

S. 3(1) def. of corresponding reportable conduct regulator inserted by No. 58/2025 s. 26(a), amended by No. 58/2025 s. 125(Sch. 2 item 1.1(c)).

corresponding reportable conduct regulator means an entity (however described) that has functions and powers under a corresponding reportable conduct law which substantially correspond to the functions and powers conferred on the Regulator by Part 5A of the Child Wellbeing and Safety Act 2005;

corresponding working with children law means a law of another State or a Territory that provides for screening of persons engaging in child-related work and that substantially corresponds with the relevant provisions of this Act;

S. 3(1) def. of criminal intelligence inserted by No. 58/2025 s. 73.

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) given to the Regulator by the Chief Commissioner of Police or a law enforcement agency;

detention order means a detention order within the meaning of the Serious Offenders Act 2018 or an interim detention order under that Act;

direct contact, in relation to child-related work, means any contact between a person and a child that involves—

Disability Worker Registration Board means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;

disciplinary or regulatory entity means a person or body that is prescribed to be a disciplinary or regulatory entity;

S. 3(1) def. of educational institution amended by No. 32/2022 s. 66.

educational institution means—

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to the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children and that leads to the award of a senior secondary certificate of education that is recognised by the AQF within the meaning of the Education and Training Reform Act 2006; or

but does not include—

even if that university, college or institution has a student under 18 years of age;

emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;

excluded from child-related work under a corresponding working with children law, in relation to a person, means—

exclusion means—

S. 3(1) def. of interim bar inserted by No. 58/2025 s. 90.

interim bar means a bar placed on a person under section 71A;

interim exclusion means—

S. 3(1) def. of interim NDIS exclusion amended by No. 58/2025 s. 125(Sch. 2 item 1.1(d)).

interim NDIS exclusion means an interim exclusion given by the Regulator under section 29 or 47;

S. 3(1) def. of interim WWC exclusion amended by No. 58/2025 s. 125(Sch. 2 item 1.1(e)).

interim WWC exclusion means an interim exclusion given by the Regulator under section 66 or 88;

interstate NDIS clearance means a clearance (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS clearance;

interstate NDIS exclusion means an exclusion (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS exclusion;

law enforcement agency means—

minister of religion means—

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS category A offence means an offence specified in Schedule 1;

NDIS category B offence means an offence specified in Schedule 3;

NDIS check means the process under Chapter 2 for assessing or re‑assessing whether a person may be employed or engaged in a risk assessed role;

NDIS clearance means an NDIS clearance given to a person under section 31(1), 99(1)(a)(ii) or Part 4.2;

NDIS Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

NDIS Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;

NDIS exclusion means an exclusion given to a person under section 30, 31(2), 49, 50, 51, 99(1)(a)(i) or (b)(i) or Part 4.2;

NDIS participant means a person who is a participant in the NDIS;

NDIS worker screening database means the NDIS worker screening database established under section 181Y of the NDIS Act;

NDIS Worker Screening Rules means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth;

S. 3(1) def. of NDIS worker screening unit amended by No. 58/2025 s. 125(Sch. 2 item 1.1(f)).

NDIS worker screening unit means an entity that has functions or powers under a corresponding NDIS worker screening law that correspond with the functions or powers of the Regulator under this Act in relation to screening of persons who are to be employed or engaged in risk assessed roles;

officer—

parent, in relation to a child, has the same meaning as in the Children, Youth and Families Act 2005 but does not include a foster carer;

S. 3(1) def. of police custody officer inserted by No. 2/2024 s. 61.

police custody officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police custody officer supervisor inserted by No. 2/2024 s. 61.

police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;

police officer has the same meaning as in the Victoria Police Act 2013;

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Regulator inserted by No. 58/2025 s. 115.

Regulator has the same meaning as it has in the Social Services Regulation Act 2021;

S. 3(1) def. of relevant disciplinary or regulatory finding amended by No. 58/2025 ss 26(b), 125(Sch. 2 item 1.1(g)).

relevant disciplinary or regulatory finding means—

S. 3(1) def. of relevant offence inserted by No. 33/2025 s. 3, amended by No. 58/2025 s. 125(Sch. 2 item 1.1(h)).

relevant offence means—

risk assessed role has the same meaning as it has in the NDIS Worker Screening Rules;

screening check means—

S. 3(1) def. of Secretary repealed by No. 58/2025 s. 125(Sch. 2 item 1.2).

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supervision order means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;

Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;

Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;

vulnerable person, in relation to an NDIS check, means an adult, who as a result of age, illness or disability is unable to take care of themselves or protect themselves from harm;

work, in relation to child-related work, means—

but does not include unpaid work engaged in for a private or domestic purpose;

S. 3(1) def. of working with children screening unit amended by No. 58/2025 s. 125(Sch. 2 item 1.1(i)).

working with children screening unit means an entity that has functions or powers under a corresponding working with children law that correspond with the functions or powers of the Regulator under this Act in relation to screening of persons who are to be employed or engaged in child-related work;

WWC category A offence means an offence specified in Schedule 2;

WWC category B offence means an offence specified in Schedule 4;

WWC check means the process under Chapter 3 for assessing or re‑assessing whether a person may engage in child-related work;

WWC clearance means a WWC clearance given to a person under section 68(1) or Part 4.3;

WWC exclusion means an exclusion given to a person under section 68(2), 89, 90, 91 or Part 4.3.