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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
    • rape in aggravating circumstances or attempted rape in aggravating circumstances
    • similar offences committed outside Victoria.
  1. When a person is charged with or has at any time been convicted or found guilty of:
    • a 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

    and at the time of committing the offence the person was aged 18 years or over.

  1. 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 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
    • distributing an intimate image of a child
    • threatening to distribute an intimate image
    • similar offences committed outside Victoria.

    and at the time of committing the offence the person was aged 18 years or over.

  2. When a person is charged with, or has at any time been convicted or found guilty of:
    • a 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 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 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
    • similar offences committed outside Victoria

        and at the time of committing the offence the person was under the age of 18 years.

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 finding made against them by:
    • the Victorian Institute of Teaching
    • the Suitability Panel
    • the Commission for Children and Young People through the Reportable Conduct Scheme, 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 is charged with, or has at any time been convicted or found guilty of:
    • carnal knowledge offence
    • stalking offences where the victim is a child
    • loitering near schools
    • distributing an intimate image of a child
    • threatening to distribute an intimate image
    • similar offences committed outside Victoria

and at the time of committing the offence the person was under the age of 18 years.

  1. When a person has at any time been charged with an offence listed in clause 2 of Schedule 3 to the Working with Children Act 2005 (serious sexual, violent and drug offences), that has been dealt with other than by way of conviction or a finding of guilt. This includes circumstances where:
    • a charge has been withdrawn
    •  a charge has been dismissed by the court
    • a person is discharged by a court following a committal hearing
    • the charges is dismissed after the completion of a diversion program
    • a conviction has been quashed on appeal
    • a change has led to an acquittal.

4. 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.

 

Reportable Conduct Scheme

The Reportable Conduct Scheme aims to better protect children by improving oversight of how organisations prevent and respond to allegations of child abuse. 

Under the scheme, relevant organisations must report allegations of child abuse and misconduct towards children made against their workers or volunteers to the Commission for Children and Young People, who can then refer certain findings of reportable conduct to the Working with Children Check Unit. The Unit can then use this information to form part of the assessment or reassessment of a person’s suitability to hold a Check. 

For further information on the reportable conduct scheme, go to Commission for Children and Young People.

 

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.

 

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.