Top navigation

You are here:

Cardholder obligations

All Working with Children Check (Check) cardholders have legal obligations and responsibilities under the Working with Children Act 2005 (the Act) and the Working with Children Regulations 2006 (Regulations). Penalties apply for breaching the Act or Regulations.

For more information go to Individual's offences.

 

What must I do once I get my card?

You must show your card to every organisation that engages you in child-related work as they must ensure that:

  • their workers doing child-related work have obtained a Check
  • people working for profit or gain hold an Employee Check, not a Volunteer Check.

 

What do I need to do if I am doing child-related work?

Once you have passed the Check you must:

  • renew your Check before it expires to continue doing child-related work
  • not let anyone else use your card for child-related work
  • keep your card in a secure place.

 

My personal details have changed
So the Department of Justice & Regulation can contact you, by law you must update your personal, contact and organisation's details within 21 days of the change.

 

What if I change from volunteer to paid child-related work?
By law, you must apply for an Employee Check, as it is an offence to do paid child-related work with a Volunteer Check.

 

I am starting child-related work with a new organisation

You must:

  • show the new organisation your card
  • go to MyCheck and add the organisation to your details within 21 days.

 

What if my criminal record changes while I hold a card?

You must notify the department and your organisation/s in writing within seven days if your circumstances change in any of the following ways:

  • you are charged with, convicted, or found guilty of a serious sexual, violent or drug offence or the charge has been dealt with by a court in some way
  • a professional conduct report is made against you
  • you are required to report or comply with orders under:
    • Part 3 of the Sex Offenders Registration Act 2004
    • the Serious Sex Offenders Monitoring Act 2005
    • the Serious Sex Offenders (Detention and Supervision) Act 2009.

For more details, go to Ongoing monitoring.

 

I have received an Interim Negative Notice or a Negative Notice
You must notify every organisation that engages you in child-related work within seven days of receiving the notice.

 

My eligibility to hold a card is being reassessed
You must provide the department with all the information it requests within the time given and it must be true, correct and complete.

 

When must I surrender my card?

The department can direct you to surrender your card when it has:

  • expired
  • been revoked
  • been replaced.

By law, you must have a reasonable excuse for refusing or failing to surrender your card.