The Victorian Government’s Working with Children Check (WWC Check), introduced in April 2006, is aimed at preventing anybody likely to pose a risk to children working with them – either as a professional or volunteer. If you work with children it is likely you will need to satisfy a WWC Check. Failure to comply with the obligations may result in jail sentences and fines.
The WWC Check provides a mandatory checking standard in Victoria and is being phased in between 2006 and 2011. It involves:
- a national police records check; and
- a review of findings from prescribed professional disciplinary bodies (currently only the Victorian Institute of Teaching, but other professional bodies will be included in the future).
Each year different types of ’child-related work’ will be introduced and the application date for people needing a WWC Check depends on their type of ‘child-related work’. Some workers such as child protection workers, foster carers, after school and family day carers, and school crossing supervisors, have already passed the WWC Check.
The next deadline is 30 December 2007.
Applications for a WWC Check for people undertaking ‘child-related work’ in the following occupational fields must be made before this date:
- educational institutions for children, specifically all primary, secondary and special schools; or
- outside school hours care and overnight camps for children that are arranged by or located at schools.
As well, people who work or volunteer in the following places will need to satisfy the WWC Check by 30 June 2008:
- education institutions for children, specifically Technical and Further Education (TAFE) Colleges providing Victorian Certificate of Education (VCE) and/or Victorian Certificate of Applied Learning (VCAL)subjects;
- child care services, including centre based long day care, occasional care, or in-home care;
- kindergartens or preschools;
- counselling or other support services for children;
- publicly-funded or commercial transport services for children;
- refuges or other residential facilities used by children; or
- religious organisations.
Who cannot work with children?
A person is not allowed to undertake ‘child-related work’ if:
- subject to the reporting obligations imposed by the Sex Offenders Registration Act 2004;
- subject to an extended supervision monitoring order under the Serious Sex Offenders Monitoring Act 2005; or
- a holder of a Negative Notice (because they failed the WWC Check). A person cannot re-apply for a WWC Check for five years after the date of the Negative Notice (unless there has been a ‘relevant change in circumstances’).
Who needs to apply?
Anyone who works or volunteers with children may need to apply for a WWC Check. Employers, volunteer organisations and agencies must ensure their staff or volunteers who need a WWC Check have applied by the deadline.
Anyone who meets the following criteria will need to apply for and pass the WWC Check: if:
- their duties involve contact with children in one of the 20 listed child-related occupational fields (for example, child protection services, educational institutions, religious organisations, providing a transport service specifically for children, school crossing services, or camps for children);
- they volunteer or do this work on a regular basis;
- they have direct contact with children under 18 years and are not directly supervised; and
- they do not qualify for an exemption from the need for a WWC Check (for example, a supervisor will not be required to apply for a WWC Check if he or she is a teacher with current registration with the Victorian Institute of Teaching).
Employer and Volunteer Organisations
Employers, volunteer organisations and agencies that list people for ‘child-related work’ have certain obligations under the Working with Children Act 2005. The Department of Justice has determined that these groups must ensure:
- all employees or volunteers required to apply for a Check do so by the deadline;
- they do not engage a person in ‘child-related work’ if that person is required to apply for a WWC Check and has not done so by the due date;
- that where employees or volunteers are not required to apply for a WWC Check because their contact with children is directly supervised, the supervisor has applied for and passed the WWC Check unless an exemption applies;
- employees or volunteers who are given a Negative Notice do not undertake ‘child-related work’, even if directly supervised;
- employees are not undertaking ‘child-related work’ with a ‘volunteer’ Assessment Notice and WWC Check Card; rather employees must apply for an ‘employee’ Assessment Notice and WWC Check Card; and
- they comply with obligations to keep employees’ and volunteers’ information confidential.
Additionally, it is recommended they:
- record employees’ and volunteers’ unique Application Receipt Number (received when they lodge their application);
- confirm employees and volunteers have passed the WWC Check;
- sight employees’ and volunteers’ WWC Check card as evidence that they have passed the WWC Check;
- record employees’ and volunteers’ WWC Check Number (which is different from their Application Receipt Number);
- if they engage a self-employed person who is required to pass the WWC Check, they should sight the person’s WWC Check card; and
- develop internal processes if an existing employee or volunteer is given an Interim Negative Notice or Negative Notice.
The WWC Check and you
If you work or volunteer with children it is likely you will need to satisfy a WWC Check. Employers and volunteer organisations must review all their activities with children to ensure they comply with their requirements under the Working with Children Act 2005. Failure to comply with the obligations may result in criminal penalties (including jail sentences) and/or substantial fines.
If you have any queries regarding the WWC Check and your obligations under the new laws,
please contact Leneen Forde on +61 3 9608 2243 or l.forde@cornwalls.com.au
or Geoff Denton on + 61 3 9608 2125 or g.denton@cornwalls.com.au
