If the Department of Justice and Community Safety issues you with an Interim Negative Notice, its preliminary assessment of your criminal record or professional conduct determinations or findings has indicated that you should not pass the Working with Children Check.
After you have been issued with an Interim Negative Notice, you can no longer withdraw your application.
Receiving an Interim Negative Notice
You will receive a letter with your Interim Negative Notice that:
- outlines the relevant offence/s, pending charges, or professional conduct determinations or findings that led to you being issued with an Interim Negative Notice
- lists all other offences or professional conduct determinations or findings
- explains how and when to make a submission.
If you believe there has been a mistake about your identity, or your criminal or professional conduct determination or finding, you must contact the department as soon as you receive the Interim Negative Notice.
In your submission, you will have the opportunity to respond to the information the department intends to rely upon to make a final decision, and to explain why you believe you should pass or retain your Check. You must provide the submission by the due date stipulated in the letter, or the department will not consider it.
You may wish to seek legal advice to assist you in preparing your submission. If you are unable to make your submission in writing, please contact the department to arrange another way of making your submission.
Any information you give in your submission cannot be used as evidence against you in a criminal proceeding or a proceeding to impose a penalty. However, the information can be used against you in proceedings for a breach of the Working with Children Act 2005 (the Act), or a proceeding for providing false or misleading information in your submission.
The department will consider your submission before making a final decision.
If you fail to make a submission by the due date, you will automatically be issued with a Negative Notice.
If the department determines that you pose a risk to the safety of children, you will fail the Check and be issued with a Negative Notice. A Negative Notice prohibits you from working with children, even if you qualify for an exemption.
For more information go to Failing the Check.
The department sends a copy of the Interim Negative Notice to the organisations that engage you in child-related work but does not disclose the reason the Interim Negative Notice was issued. By law, you must tell every organisation you are doing child-related work for that you have been given an Interim Negative Notice.
Even if you remove any organisation/s from your records, the department has the power to notify these organisations that you have removed them.
Some Interim Negative Notice holders may continue to do child-related work whilst the department finalises its decision.
However, under the Act, you must not do any child-related work during assessment or reassessment if:
- you have been charged with, convicted, or found guilty of a sexual, violent or drug offence listed in Schedule 3 of the Act
- you have previously been given a Negative Notice
- you are subject to reporting conditions or orders under the:
- Sex Offenders Registration Act 2004
- Serious Sex Offenders Monitoring Act 2005
- Serious Sex Offenders (Detention and Supervision) Act 2009
- your Check has been suspended or you have surrendered it.
The organisations you work for may have a policy that allows them to stop you working with or caring for children while the department finalises its decision.