Key Takeaways
- The Working with Children Check (WWC Check) is a mandatory legal requirement in Victoria to ensure the safety of children under 18 years old.
- WWC Checks are compulsory for individuals in roles involving direct contact with children, such as childcare, education, sports, and counselling.
- Certain individuals are exempt from needing a WWC Check, including minors, parent volunteers, and professionals with equivalent screening.
- If an application for a WWC Check fails, individuals receive a WWC Exclusion, prohibiting them from working with children for five years.
- WWC Clearance holders must report any new serious offences and update personal information to remain compliant with their clearance obligations.
The Working with Children Check (WWC Check) is a legal requirement in Victoria, designed to ensure the safety and well-being of children under 18 years old. This mandatory check, ad ministered by the Department of Justice and Community Safety, assesses whether an individual poses a risk to children and determines their eligibility to work or volunteer in child-related roles.
This guide provides information on eligibility, exemptions, application processes, obligations, and steps to take if an application is denied. It also highlights key legal frameworks and resources available for support.
Who Needs a Working with Children Check?
A WWC is compulsory for individuals in paid or voluntary roles that involve direct contact with children. Roles that typically require this check include:
- Childcare and Fostering: babysitters, childminders, kinship carers, and fostering parents
- Educational and Healthcare: Teachers, school staff, and paediatric healthcare professionals
- Sports and Recreation: Coaches, tutors, and facilitators in sports and recreational clubs
- Transport and Accommodation: Drivers for child-specific services and student exchange hosts
- Counselling and Events: Child-focused counsellors and organisers of children’s parties and programs.
Performing child-related work without a valid WWC Check is an offence under Victorian law. For a comprehensive list of roles requiring a WWC Check, refer to the Working with Children Check website.
When is a WWC Check Not Required?
Certain individuals and circumstances are exempt from the requirement to obtain a WWC Check. These include:
- Minors: Individuals under 18 years of age.
- Parent Volunteers: Parents assisting in activities where their own children are participants.
- Immediate Family Member: Close relatives of the children they are working with, such as grandparents (this exemption does not apply to kinship carers).
- Students in Educational Programs: 18- or 19-year-old students completing school-organised volunteer work.
- Professionals with Equivalent Screening: Sworn police officers and registered teachers already subject to comprehensive background checks.
Exemptions do not apply to individuals who have previously failed a WWC Check or received a WWC Exclusion. For full details, visit the Exemptions Page.
Applying for a Working with Children Check
Follow these steps to apply for your WWC Check:
- Online Application
Complete the application form available on the Working with Children Check website. You will need to provide identification details.
- Identity Verification
After submitting the form, visit a participating post office to verify your identity. A passport- sized photograph, taken free of charge, is required to finalise your application.
- Payment of Fees
Employee applications require a fee, while checks for volunteer roles are free.
Assessment Process
The WWC Check evaluates an individual’s suitability to work with children by considering the following:
- Criminal History: Convictions or charges for serious offences, including those involving violence, sexual misconduct, or drugs.
- Professional Conduct Reports: Findings from professional disciplinary bodies and other relevant entities.
- Family Violence and Intervention Orders: Any involvement in family violence cases and protection orders.
The department uses a risk-based approach, focusing on offences that may pose an unjustifiable risk to children. Even charges that did not result in a conviction can influence the outcome.
What Happens if You Pass the Check?
If your application is successful, you will be granted a Working with Children Clearance (WWC Clearance). This clearance confirms your eligibility to work with children in Victoria. Once approved:
- Issuance of Clearance Card
- You will receive a physical WWC Clearance card in the mail.
- Additionally, a digital version of your WWC Clearance card is available. This digital card can be accessed and stored securely on your smartphone.
- Validity Period
- The clearance is valid for five years from the date of issue. During this period, you are authorised to engage in child-related work, provided you adhere to all associated obligations.
- Renewal Process
- Before your clearance expires, you must renew your WWC Check to continue engaging in child-related work. You can renew your Check online from six months before its expiry date until three months after it has expired.
- Employer Notification
- Employers may request evidence of your clearance to ensure compliance with their legal obligations. You can provide either the physical card or digital version as proof when required.
Obligations of WWC Clearance Holders
As a holder of a WWC Clearance, you are required to adhere to ongoing responsibilities to ensure compliance. These includes:
- Reporting New Offences
Notify the Department of Justice and Community Safety and your employer of any charges for serious offences within 7 days.
- Updating Personal Information
Report changes to your name, address, or contact details to the department within 21 days.
- Compliance with Conditions
Follow all conditions attached to your clearance to continue working with children legally.
What Happens if You Fail the Check?
If your application is unsuccessful, you will receive a WWC Exclusion, prohibiting you from working with children for five years. Before the final decision, the department may issue an interim WWC Exclusion, giving you an opportunity to provide written reasons supporting your eligibility.
If you receive a WWC Exclusion, you can:
- Seek Legal Advice
Consult a lawyer to assess your options and prepare a response.
- Appeal the Decision
Apply for a review through the Victorian Civil and Administrative Appeals Tribunal (VCAT).
Key Legislation
- Working with Children Act 2005: Governs the WWC Check process and requirements.
- Child Wellbeing and Safety Act 2005: Supports broader child protection measures in Victoria.
- Crimes Act 1958: Lists relevant offences assessed in the WWC Check.
- Worker Screening Act 2020: Regulates screening for high-risk roles, supporting child safety.
Resources and Support
- Working with Children Check: Guidance on applications and requirements.
- Department of Justice and Community Safety: Information on policies and compliance.
- Victoria Legal Aid: Legal support for applications and appeals.
- Victorian Civil and Administrative Appeals Tribunal (VCAT): Handles reviews and appeals of WWC Check decisions.
Conclusion
The Working with Children Check is a cornerstone of child protection in Victoria. By ensuring only suitable individuals work in child-related roles, it provides a safer environment for young people. Whether you are applying, seeking exemptions, or appealing a decision, understanding the process and your rights is essential. For additional support, use the resources provided in this guide.
