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Working with Children Check - Employer Obligations

AISV Compliance Framework

Working with Children Check - Employer Obligations

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Do you need to comply?

Yes, under the Working With Children Act 2005 (Vic.).

Conditions of compliance

As an employer, it is your responsibility to ensure that your employees and volunteers get a Working with Children (WWC) Check if required.

If you have to comply, what do you have to do?

As an employer you must:

ensure all employees and volunteers who are required to get a WWC Check do so at the correct time, which is indicated in the phasing plan
ensure that all relevant employees and volunteers have applied for a WWC Check by 30 June 2007 if involved in outside school hours care, school crossing services or overnight camps for children
ensure that all relevant employees and volunteers have applied for a WWC Check by 30 December 2007 for all other employees and volunteers who are not exempted, including persons employed in non-teaching roles, centre-based long day care, occasional care, children's services (pre-schools/kindergartens) and counselling or support services for children
where your employees and volunteers are not required to get a WWC Check because their contact with children is directly supervised, ensure the supervisor has a WWC Check unless an exemption applies. For example, the supervisor may be a registered teacher with the Victorian Institute of Teaching, making the person exempt
ensure that employees and volunteers issued with a Negative Notice do not undertake child-related work as defined by the Working With Children Act 2005 (Vic.).

As an employer you should:

record your employee's or volunteer's unique Application Receipt Number received when they submit the application. The Act enables a person to continue or commence work while the application is pending
confirm that your employees and volunteers have been issued with an Assessment Notice after WWC Check applications have been assessed by the Department of Justice
sight your employee's or volunteer's WWC Check Card and enquire on the status of the Card Number to verify that they have passed the Check. You can do this online from 1 July 2006, or by calling 1300 652 872
record your employee's or volunteer's WWC Check Number, which is different from the Application Receipt Number
develop internal processes in the event of an existing employee or volunteer being issued with an Interim Negative Notice or Negative Notice.

What are the consequences if you don't comply?

The Working with Children Act 2005 (Vic.) includes a number of offences. Employers should be aware of the penalties associated with these offences.

It is an offence to engage a person who is required to have an Assessment Notice and does not have one. As an agency, it is an offence to offer the services of a person who does not have an Assessment Notice when the person is required to have one.

It is important as an employer to familiarise yourself with the phasing plan to ensure relevant employees and volunteers have a WWC Check Card where legislation requires them to have one.

If found guilty of either of these offences as a natural person, then you will be liable for level seven imprisonment (two years maximum) or a level seven fine (240 penalty units maximum - equal to approximately $25,000), or both.

If found guilty of either of these offences as a body corporate, then the body corporate will be liable for a fine not exceeding 1200 penalty units - equal to approximately $125,000.

Who will help you?

AISV contact:

Kerri Knopp
Director, Strategic Relations
Ph. 03 9825 7210
kerri.knopp@ais.vic.edu.au