All Working with Children Check cardholders have legal obligations and responsibilities under the Working with Children Act 2005 (the Act) and the Working with Children Regulations 2016 (the Regulations). Penalties apply for breaching the Act or the Regulations.
For more information go to Individuals' offences.
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.
Once you have passed the Check you must:
- keep your personal, and organisation's details up to date
- not let anyone else use your card for child-related work
- keep your card in a secure place
- renew your Check before it expires to continue doing child-related work.
- show the new organisation your card
- go to MyCheck and add the organisation to your details within 21 days.
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 sexual, violent or drug offence or the charge has been dealt with by a court in some way
- a professional conduct determination or finding 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.
You must notify every organisation that engages you in child-related work within seven days of receiving the notice.
If your offending is serious the department will notify you whether you can engage in child-related work whilst your application is being assessed.
If you have been issued a Negative Notice you must not engage in child-related work. It is an offence to engage in child-related work whilst you are a Negative Notice holder. You can only engage in child-related work if you have been granted a Check.
The department can direct you to surrender your card when it has:
- been revoked
- been replaced.
By law, you must have a reasonable excuse for refusing or failing to surrender your card.