Working with Children Act 2005
The Working with Children Act 2005 (the Act) commenced in April 2006. The most recent amendments to the Act were in 2016. See a summary at Changes to legislation.
The Check is one of the safety measures organisations need to put in place to protect children from sexual and physical harm.
- defines child-related work
- establishes a framework to screen, monitor and assess the criminal records and the professional conduct of people who intend to work with children
- lists the offences applicants are screened for
- enables the Department of Justice and Regulation to rule that a person who fails the Check is prohibited from working with children
- lists the people exempt from the Check like teachers registered with the Victorian Institute of Teaching (VIT), as their criminal records and professional conduct are screened by VIT.
The protection of children from sexual and physical harm is the paramount consideration for any decision made under the Act.
Link to: Working with Children Act 2005
Working with Children Regulations 2016 (the Regulations)
The Regulations specify the following:
- the application fee
- the professional bodies that must notify the department of prescribed findings made against applicants and cardholders, such as adverse professional conduct determinations and findings or reportable conduct notifications through the reportable conduct scheme
- the legal obligation for applicants and cardholders to notify the department when their personal, contact or organisation’s details change.