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Who needs a Check?

Not everyone who has contact with children needs a Working with Children (WWC) Check. 

Under the Working with Children Act 2005 (the Act), only people who engage in paid or voluntary child-related work need a WWC Check and some of these people will qualify for an exemption.

Do I need a Check?

If you are unsure whether you need a Check or not click the button ‘Do I need a Check?’ to find out if you are involved in child-related work and if so, whether you qualify for an exemption.

Do my workers need a Check?

If you represent an organisation click the button ‘Do my workers need a Check?’ to find out if any staff or volunteer roles are involved in child-related work.

What is child-related work?
Child-related work is paid or unpaid work involving regular direct and unsupervised contact with a child when working with or caring for children in any of the occupational categories listed in the Act.

You do not  require a WWC Check if you:

  • are involved in a private or domestic arrangement that exists between family and friends and where no payment is involved
  • participate in an activity with a child on the same basis as the child for example in the same team
  • supervise a student in practical training organised by their educational institution.

You need to apply for and pass the WWC Check if you meet all 1-4 criteria:

  1. You are engaged in child-related work as:
    • an employee or
    • a self-employed person or an independent contractor or
    • a volunteer or
    • a supervisor of child employees or
    • part of practical training through an educational or vocational course or
    • unpaid community work under a court order or
    • a minister of religion or performing duties of a religious vocation or
    • an officer of a body corporate or
    • a member of a committee of management of an unincorporated body or
    • a member of a partnership.
  2. Your contact with a child is with any of the occupational categories listed in the Act. Occupational categories are not titles of people’s jobs but broad descriptions of  services or places where people work with or care for children. See Occupational categories included in the Act
  3. Your work involves regular direct contact with a child, who is under 18 years of age.
    • Regular contact is contact that is not incidental to but normally part of providing a service or activity for children
    • Direct contact with a child involves physical contact, talking face to face or within eyeshot when providing a service or activity for children.
  4. Your work is not directly supervised.

Direct supervision is:

  • immediate and personal supervision
  • undertaken by a person whose role is to supervise your work
  • does not require constant physical presence, for example a supervisor may leave the room for a short while to take a phone call.

Who is exempt from the WWC Check?

The Act lists a number of circumstances where a person does not need a WWC Check, even though they are engaged in child-related work. See Exemptions for details.

If you are engaged in child related work because your work involves supervising a child in employment under the Child Employment Act 2003, go to Business Victoria and search ‘Child employment’ for more details.

 

Who cannot apply for a WWC Check?

You cannot apply for a WWC Check:

  • if you are a registered sex offender under the Sex Offenders Registration Act 2004
  • if you are subject to an extended or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 or a supervision or detention order or interim supervision or detention order under the  Serious Sex Offenders (Detention and Supervision) Act 2009
  • for 5 years after being given a Negative Notice unless there is a relevant change in your circumstances. See Failing the Check.