If you have applied for a Working With Children Check (Check), you must be aware of your obligations and in what circumstances you can do child-related work.
The Working with Children Act 2005 (the Act) describes your obligations and the offences and penalties that apply if you breach the Act. Your obligations and responsibilities are described below.
For more information on offences and penalties, go to Individuals' offences.
When completing your application, you must:
- provide true and correct information in the application form
- provide any additional information the Department of Justice and Regulation requests regarding your application. If you fail to do this, your application will be considered ‘withdrawn’
- give your permission to allow the department to obtain information that is required to assess your application.
You must show your receipt to every organisation that you will do child-related work with before you start work.
Organisations are obliged to make sure people doing child-related work:
- have applied for the Check and
- are legally permitted to do child-related work while their application is being processed.
Most people can do child-related work while their application is being processed.
However, you cannot if you:
- have been charged with, found guilty, or convicted of a sexual, violent or drug offence listed in clause 2 of Schedule 3 of the Act
- have previously been given a Negative Notice
- have applied for the Check to supervise a child under the age of 15 in employment under the Child Employment Act 2003
- have applied for the Check to work in a children's service under the Children's Services Act 1996 or in an education and care service under the Education and Care Services National Law (Victoria) Act 2010
- are subject to orders or reporting obligations under the:
- Sex Offenders Registration Act 2004
- Serious Sex Offenders Monitoring Act 2005
- Serious Sex Offenders (Detention and Supervision) Act 2009.
Some organisations require their workers to apply for and pass the Check before commencing child-related work. Check this with your organisation.
- inform your organisation/s and the department within seven days if there is a relevant change in your circumstances, such as a professional disciplinary decision made against you, or you are charged with, convicted, or found guilty of a category A or category B offence listed in Schedule 1 or 2 of the Act, or you become subject to reporting obligations or an order under the Sex Offenders Registration Act 2004, Serious Sex Offenders Monitoring Act 2005, or the Serious Sex Offenders (Detention and Supervision) Act 2009
- notify the department within 21 days of changes to your name, address, phone numbers, or organisation/s' details.