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Working with Children Check - Employee and Volunteer Obligations

AISV Compliance Framework

Working with Children Check - Employee and Volunteer Obligations

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Do you need to comply?

Possibly - it will depend on your employment or volunteer status.

Conditions of compliance

If your work usually involves (or is likely to involve) regular, direct contact with a child where that contact is not directly supervised, then you will need to apply for a Working with Children (WWC) Check. You must pass a WWC Check to be eligible to work or volunteer in child-related work (unless an exemption applies).

If you fall into any of the following categories, you do not need a WWC Check, even if you come into contact with children in the course of your work. You do not need a WWC Check if you are:

under the age of 18 years
a parent volunteer whose child ordinarily participates in the activity
a sworn police officer who has not been suspended from duty
a teacher that has current registration with the Victorian Institute of Teaching
closely related to each child you have contact with in your child-related work
an 18 or 19 year old student volunteer where your volunteer work is at or has been organised by your educational institution
a visiting worker who does not ordinarily reside and perform child-related work in Victoria.

Note: If an exemption applies to you - for example, you volunteer in an activity in which your child participates - but you also perform other child-related work, you may still require a WWC Check. For example, if you volunteer in your child's sporting activity and you also work as a childcare worker, you will require a WWC Check as a childcare worker if your work is regular, direct and not directly supervised.

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

As an employee or volunteer you must:

determine whether you require a WWC Check
if required, apply for a WWC Check prior to commencing employment or providing volunteer servicesprovide true and correct information on your application form
show your Application Receipt to your employer or volunteer organisation upon commencing employment or providing volunteer services as evidence that you have submitted an application. While you are not prevented from commencing child-related work before passing the WWC Check, some employers or volunteer organisations may require that you have passed the WWC Check before you can commence work with them
if issued with an Assessment Notice or WWC Check Card, present your Assessment Notice or WWC Check Card to your employer, agency or volunteer organisation on request or when applying for child-related work
not use your Volunteer Assessment Notice and Card for work which is for profit or gain. If you are a volunteer, and wish to work for profit or gain in child-related work, then you need to reapply for an Employee Assessment Notice in order to avoid penalties
inform the Secretary of the Department of Justice, and your employer, agency or volunteer organisation if you have a relevant change in circumstances, for example, if you have been charged or found guilty of a new relevant offence
surrender documents as required, if the Secretary of the Department of Justice cancels your Assessment Notice
inform your employer, agency or volunteer organisation within seven days if you have been issued with an Interim Negative Notice or Negative Notice
not engage in child-related work if you have been issued with a Negative Notice
not reapply for a WWC Check for five years after a Negative Notice has been issued, unless there has been a relevant change in your circumstances.

As an employee or volunteer you should:

keep your Assessment Notice and WWC Check Card in a safe and secure place
not give your WWC Check Card to anyone else
apply for a new WWC Check before it expires. WWC Check Cards are valid for five years. You may apply for a new Assessment Notice six months before or up to three months after the expiry date on your WWC Check Card.
return your Assessment Notice and WWC Check Card if your Assessment Notice has been expired for more than three months and the Department of Justice requests that you return them. There are penalties if you do not return your Assessment Notice and WWC Check Card when required, without a reasonable excuse.

Note that the Department of Justice will notify your employer, agency or volunteer organisation if you have been issued with an Assessment Notice, Interim Negative Notice or Negative Notice, or if you have been asked to return your Assessment Notice and WWC Check Card.

As an employer you must:

not allow a person to commence employment without providing the Application Receipt, which verifies that the person has applied for a WWC Check. If preferred, you may require the person to provide an Assessment Notice before commencing employment. This requirement will delay the commencement date of employment.
not allow a person, who is required by law to undertake a WCC Check, to volunteer their services without providing the Application Receipt, which verifies that the person has applied for a WWC Check. If preferred, you may require the person to provide an Assessment Notice before accepting their services. This requirement will delay the provision of volunteer services.
where your employees or volunteers are not required to apply for a WWC Check because their contact with children is directly supervised, ensure that the supervisor has applied for and passed the WWC Check unless an exemption applies (for example, the supervisor will not be required to apply for a WWC Check if he or she is a teacher with currentregistration with the Victorian Institute of Teaching).
ensure that employees or volunteers who are given a Negative Notice do not undertake ‘child-related work’, even if directly supervised
ensure that your employees are not undertaking ‘child-related work’ with a ‘volunteer’ Assessment Notice and WWC Check Card; employees must apply for an ‘employee’ Assessment Notice and WWC Check Card
ensure you comply with obligations to keep employees’ and volunteers’ information confidential as required under the Working with Children Act 2005 and by any other relevant laws.

As an employer, you should:

record your employees’ and volunteers’ unique Application Receipt Number (received when they lodge their application)
confirm that your employees and volunteers have passed the WWC Check
sight your employees’ and volunteers’ WWC Check card as evidence that they have passed the WWC Check
record your employees’ and volunteers’ WWC Check Number, which is different from their Application Receipt Number
if you engage a self-employed person who is required to pass the WWC Check, you should sight the person’s WWC Check card
develop internal processes in the event of an existing employee or volunteer being given 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. Employees and volunteers should be aware of the penalties associated with these offences.

You are committing an offence against the Working with Children Act 2005 (Vic.) if you:

are required to have a WWC Check under the Act and you engage in child-related work without an Assessment Notice. If found guilty of this offence, then you will be liable for level seven imprisonment (two years maximum) or a level seven fine (240 penalty units maximum), or both.
engage in or apply for child-related work if you have been issued with a Negative Notice. If found guilty of this offence, then you will be liable for level seven imprisonment (two years maximum) or a level seven fine (240 penalty units maximum), or both.
engage in child-related work for profit or gain using a Volunteer Assessment Notice. If you wish to work for profit or gain in child-related work, then you need to reapply for an Employee Assessment Notice. If found guilty of this offence, you will be liable for a level 11 fine (five penalty units maximum).
use a false Assessment Notice or use someone else's Assessment Notice. If found guilty of this offence, then you will be liable for level seven imprisonment (two years maximum) or a level seven fine (240 penalty units maximum), or both.
fail to notify the WWC Check Unit and your employer, agency or volunteer organisation of a relevant change in circumstances. You must provide notification in writing no later than seven days after becoming aware of the change. If found guilty of this offence, then you may be liable for a level nine fine (60 penalty units maximum).
fail to surrender your Assessment Notice as required without a reasonable excuse. If you are given a Negative Notice following a reassessment, and you are required to surrender your Assessment Notice, then you will need to surrender both your Assessment Notice and your WWC Check Card. If found guilty of this offence, then you will be liable for a level nine fine (60 penalty units maximum).
provide false or misleading information in relation to your application for a WWC Check. If found guilty of this offence, then you will be liable for level seven imprisonment (two years maximum) or a level seven fine (240 penalty units maximum), or both.

If you are issued with an Interim Negative Notice or a Negative Notice, then you are required to notify your employer or agency within seven days. You do not need to tell your employer or agency the reasons you were issued with an Interim Negative Notice or Negative Notice unless you choose to.

As an employer, it is an offence to:

if a Working with Children (WWC) Check is required, to engage, or continue to engage, a person in ‘child-related work’ if the person does not have a current Assessment Notice. If found guilty of this offence, then you will be liable for level seven imprisonment (two years maximum) or a level seven fine (240 penalty units for a natural person of up to 12 penalty units for a body corporate), or both.
to engage, or continue to engage, a person in ‘child-related work’ for profit or gain where the person has a ‘volunteer’ Assessment Notice and WWC Check card. If found guilty of this offence, then you will be liable for a level 11 fine of five penalty units.

The offences do not apply where an employee or volunteer has validly applied for a WWC Check and the application has not been finally decided or where an employee or volunteer is exempt under the Working with Children Act 2005.

In the 2009/10 financial year, a penalty point equals $116.82, which means that five penalty points equals $584.10, 60 penalty points equals $7,009.20, 240 penalty points equals $28,036.80 and 1200 penalty points equals $140,184.

Who will help you?

AISV contact:

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

Sandro Mazzotta
Senior Workplace Relations Adviser
Ph. 03 9825 7206
sandro.mazzotta@ais.vic.edu.au

Sarah Matar
Workplace Relations Adviser
Ph. 03 9825 7215
sarah.matar@ais.vic.edu.au