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Your privacy

The Department of Justice and Community Safety, which administers the Working with Children 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 it.

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.


Why does the department need personal information about me?

With the information received, the department can:

  • identify you
  • check your criminal history 
  • reassess your eligibility if notified of new charges or a professional conduct determination or finding against you 
  • email you important notices and instructions about using MyCheck, to 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. If you do not, penalties apply.


Who will have access to my information?

The department uses your personal information as permitted by law. Information may be released to the following organisations for the purpose of assessing your suitability to have a Check:

  • Victoria Police, Australian Federal Police and interstate police forces
  • government agencies
  • courts and tribunals
  • professional disciplinary bodies listed in What is checked

The department also seeks additional information about you from other sources when assessing your application, including:

  • state, territory and federal police forces
  • courts, tribunals and prosecuting authorities
  • authorised screening agencies
  • health treating professionals
  • government agencies
  • professional disciplinary bodies listed in What is checked
  • employers and other organisations.

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 professional conduct determinations and findings.

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.


How do I access the information gathered about me for the Check?
To request the release of your personal information, go to the Freedom of Information website. You will need to describe the documents you would like released and pay any relevant fees.