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Offences & penalties

Here you will find details about:

Offences and other matters examined by the Check

To determine if you pass the Check the department considers:

The Act classifies these matters into three categories.

Category A – Section 12 and Schedule 1 to the Working with Children Act 2005
  1. When a person is charged with, or has at any time been convicted or found guilty of:
    • murder or attempted murder
    • rape or attempted rape
    • similar offences committed outside Victoria.
  2. When a person, as an adult, is charged with or has at any time been convicted or found guilty of:
    • a serious sexual offence against a child other than rape, attempted rape, or a carnal knowledge offence as defined by the Act
    • a child pornography offence
    • similar offences committed outside Victoria.
  3. When a person is subject to orders or reporting obligations under:
    • Part 3 of the Sex Offenders Registration Act 2004
    • the Serious Sex Offenders Monitoring Act 2005
    • the Serious Sex Offenders (Detention and Supervision) Act 2009.

For more details go to the List of offences.

 

Category B -  Section 13 and Schedule 2 to the Working with Children Act 2005
  1. When a person, as an adult, is charged with or has at any time been convicted or found guilty of:
    • a carnal knowledge offence
    • stalking offences where the victim is a child
    • loitering near schools
    • similar offences committed outside Victoria.
  2. When a person is charged with, or has at any time been convicted or found guilty of:
    • a serious sexual offence committed against an adult, other than rape or attempted rape or carnal knowledge, or a child pornography offence as defined by the Act
    • a serious violent offence other than murder or attempted murder
    • a serious drug offence
    • certain offences against the Victorian sex offender legislation
    • trafficking in children
    • certain offences against the Working with Children Act 2005
    • recklessly or intentionally causing injury
    • wilful and obscene exposure
    • child stealing
    • armed robbery
    • upskirting
    • leave child unattended and fail to protect child from harm
    • certain offences relating to optical surveillance devices
    • similar offences committed outside Victoria.
  3. When a person as a child, is charged with, or has at any time been convicted or found guilty of:
    • a sexual offence against a child, other than rape or attempted rape or a carnal knowledge offence as defined by the Act
    • a child pornography offence.

For more details go to the List of offences.

 

Category C - Section 14 of the Working with Children Act 2005

 

1.When a person has a relevant professional conduct report made against them by:

  • the Victorian Institute of Teaching
  • the Suitability Panel, or
  • a determination made against them by Victorian Civil and Administrative Tribunal under the:
      • Health Professions Registration Act 2005, or
      • Health Practitioner Regulation National Law.

2.When a person as a child is charged with, or has at any time been convicted or found guilty of:

  • carnal knowledge, loitering near schools, or stalking a child
  • a similar offence committed outside of Victoria.

3.When a person is charged with, or has at any time been convicted or found guilty of, any offence the department considers may pose an unjustifiable risk to the safety of children.

For details go to the List of offences.

 

Historical offences

As part of its assessment of Category A, B and C applications, the department also considers many historical offences. For example, offences relating to:

  • wounding or inflicting grievous bodily harm
  • assault occasioning actual bodily harm
  • behaving in an indecent manner
  • wilful and obscene exposure in a public place.

 

Disclaimer

The information about offences is for general assistance. The department does not guarantee that the information is exhaustive or appropriate for legal purposes. You should read this information in conjunction with the relevant legislation and seek professional advice when appropriate.

 

Offences against the Working with Children Act 2005

The Act lists the offences against the Act itself, which carry penalties for breaches by organisations and individuals ranging from fines to imprisonment.

Individuals, organisations and self-employed people involved in child-related work must be aware of their obligations under the Act.

The Organisations’ offences page lists the offences and penalties that apply to organisations and self-employed people involved in child-related work.

The Individuals’ offences page lists the offences and penalties that apply to someone doing child-related work.