After section 35(3) of the Working with Children Act 2005 insert —
"(3A) A person 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.".