Worker Screening (Transitional and Savings) Regulations 2026

A person is not guilty of an offence against section 121(1) of the Act if, at the time the offence is alleged to have been committed—

the person had been given a WWC exclusion by the Regulator and had applied to VCAT for a WWC clearance; and

the decision of the Regulator was the subject of an order made by VCAT under section 106(5) of the Act as applied or modified by these Regulations staying the operation of the decision.

A person is not guilty of an offence against section 122(1) of the Act if, at the time the offence is alleged to have been committed—

the person had been given a WWC exclusion by the Regulator and had applied to VCAT for a WWC clearance; and

the decision of the Regulator was the subject of an order made by VCAT under section 106(5) of the Act as applied or modified by these Regulations staying the operation of the decision.

A person is not guilty of an offence against section 123(1) of the Act if, at the time the offence is alleged to have been committed—

the worker had been given a WWC exclusion by the Regulator and had applied to VCAT for a WWC clearance; and

the decision of the Regulator was the subject of an order made by VCAT under section 106(5) of the Act as applied or modified by these Regulations staying the operation of the decision.

A person is not guilty of an offence against section 124(1) of the Act if, at the time the offence is alleged to have been committed—

the worker had been given a WWC exclusion by the Regulator and had applied to VCAT for a WWC clearance; and

the decision of the Regulator was the subject of an order made by VCAT under section 106(5) of the Act as applied or modified by these Regulations staying the operation of the decision.

Subregulations (1) to (4) apply irrespective of whether the application for the WWC clearance is made to VCAT—

under Part 4.3 or section 171(2) of the Act; or

under section 106(1) of the Act as applied by regulation 7.