The Department of Justice and Regulation, which administers the Working with Children Check (Check), collects and uses personal information according to the Working with Children Act 2005 (the Act), the Privacy and Data Protection Act 2014, and the Health Records Act 2001. The department respects your privacy and protects the information you are obliged to give us.
Under the Act, you must give the department true, complete and correct information about yourself. Giving false or misleading information is an offence, and penalties apply.
With the information received, the department can:
- identify you
- check your criminal history
- reassess your eligibility if notified of new charges or of a finding against you regarding professional conduct
- email you important notices and instructions about using MyCheck
- inform you if you have passed the Check, when it expires and when to renew
- post important information to you.
If you refuse or fail to provide the information requested, the department:
- can withdraw your application
- can revoke your Check
- will not be able to send you an alert to renew your Check.
By law, you must keep your personal, contact and organisation details up to date, as well as your personal and contact details. If you do not, penalties apply.
The department uses your personal information as permitted by law. Information may be released to the following organisations:
- Victoria Police, Australian Federal Police and interstate police forces
- record-checking bodies
- government agencies
- courts and tribunals
- professional disciplinary bodies listed in What is checked
- the Commission for Children and Young People.
The department informs organisations that engage you in child-related work if you pass or fail the Check, but does not provide them with details gathered during the Check, such as criminal records or findings against you regarding professional conduct.
If the department issues you with an Interim Negative Notice, any information you provide in response cannot be used as evidence against you in criminal proceedings.