Certain penalties apply to individuals and organisations who commit an offence against the Working with Children Act 2005 (the Act) and the Working with Children Regulations 2016 (the Regulations).
The tables below outline examples of offences and the penalties that might apply should the Act be breached.
We've also created a guide to offences so you are aware of what we regularly look for when assessing applications for a Check, or what we are notified about for current cardholders.
Please note: The information below is intended as a guide only. It is not legal advice and should not be taken as such. It is recommended that you seek independent legal advice relevant to your particular circumstances.
Individuals
The table below outlines the offences and penalties that can apply to individuals when it comes to the Check.
Offences for individuals
Offences | Defence/exception | Max penalty* | Section reference in the Act or Regulations |
---|---|---|---|
Engaging in child-related work if you do not have a Check, knowing that the work is child-related work, and that you do not have a Check. |
You may work while your application is being assessed, only if you have not been given a Negative Notice, and:
If an exemption applies to you, you may work in your chosen occupational field only if:
If you are engaging in work as a volunteer, or undertaking practical training, it is a defence to the charge if your employer has been notified of your negative notice and is in the process of transferring you to non-child-related work, or in the process of lawfully terminating your employment. You have been given a Negative Notice but have applied to VCAT and been granted a stay whilst your appeal is pending. If you are engaging in child-related work that is out of home care (kinship care), and you have applied for a Check within 21 days of becoming a kinship carer. |
Two years imprisonment, or a fine of 240 penalty units* or both. | 33(1) |
Knowingly using a false card or another person’s card when you are applying for or doing child-related work. | n/a | Two years imprisonment, or a fine of 240 penalty units* or both. | 38 |
Using a Volunteer Check to do paid work knowing you have a Volunteer Check and the work is for profit or gain. |
|
A fine of five penalty units*. | 37 (1) |
Providing false or misleading information to the Department of Justice and Community Safety in your application for a Check or when the department is reassessing your eligibility to hold a Check. |
You believed on reasonable grounds that:
|
Two years imprisonment, or a fine of 240 penalty units* or both. | 39 (1) |
Applying for a Check when you are:
|
n/a | Two years imprisonment or a fine of 240 penalty units*. | 39A |
Failing to notify your organisation/s and the department, in writing within seven days of a relevant change in circumstances. A relevant change in circumstances is if:
|
It is a defence to a charge of failing to notify the department of how your charge has been finally dealt with if you can prove that:
|
A fine of 60 penalty units*. | 20 |
Failing to notify the department of a change in your organisation/employer’s details within 21 days of becoming aware of the change. This includes changes in the following details:
|
n/a | A fine of one penalty unit*. | 20A |
Failing to notify the department within 21 days of any changes to your:
if you either hold a Check or have applied for a Check. |
n/a | A fine of one penalty unit*. | Regulation 11 of the Regulations. |
If you have been given a Negative Notice it is an offence to apply for or engage in child-related work. |
You did not know the work you were applying for was child-related work OR You have applied to VCAT for an assessment notice and been granted a stay. |
Two years imprisonment, a fine of 240 penalty units* or both. | 34 (1) |
Failing to notify your organisation/employer in writing, of an Interim Negative Notice, or Negative Notice issued to you by the department, within 7 days of being given the notice. | n/a | A fine of 60 penalty units*. | 22 |
Failing to surrender your card or other Check documents, if requested to do so by the department upon the revocation of your card. | You have a reasonable excuse why you did not surrender the requested documents. | A fine of 60 penalty units*. | 21C (5) |
Failing to surrender your first card within in 7 days, in circumstances where you have applied for and been given another card, and you have been directed to surrender your first card. | You have a reasonable excuse why you did not surrender the first card. | A fine of one penalty unit*. | 24 (3) |
If the Teacher exemption applies to you Failing to notify in writing any organisation that engages you in child-related work, of any suspension or cancellation of your registration with the Victorian Institute of Teaching within seven days of receiving notice of the suspension or cancellation. |
n/a | A fine of 60 penalty units*. | 30 (2) |
If the Teacher exemption applies to you Failing to notify in writing the department of any person with whom you are engaged to perform child-related work that is not teaching in a school or an early childhood service, within 21 days after the engagement. |
n/a | A fine of 10 penalty units*. | 30(1A) |
If the Police officer exemption applies to you Failing to notify in writing any organisation that engages you in child-related work, of any suspension, dismissal or termination of your job as a police officer under the Victoria Police Act 2013, or Australian Federal Police Act 1979, within 7 days of receiving notice of the suspension, dismissal, or termination. |
n/a | A fine of 60 penalty units*. | 31 (2) and 31A (2) |
Failing to provide information requested by the department pursuant to s 41A of the Act within 28 days, or any longer period specified in the notice. |
You have a reasonable excuse why you did not comply with the request, including if the information would incriminate you | A fine of 60 penalty units*. | 41A (2) |
** Under the Child Employment Act 2003, the defences that may apply to offences committed by individuals are modified by section 19A(2) and (3) of that Act in respect of supervisors of children
Organisations
Every organisation that engages people in child-related work is also subject to penalties if an offence is committed against the Act. The table below outlines some of the offences and penalties that may apply.
Offences for organisations
Offences | Exceptions / defences | Maximum penalty for individuals* | Maximum penalty for organisations* | Section reference in the Act |
---|---|---|---|---|
Knowingly engaging or continuing to engage a person in child-related work who does not hold a valid Working with Children Check. |
|
Two years imprisonment, or a fine of 240 penalty units* or both. | A fine of 1200 penalty units*. | 35 |
Offering the services of any person without a Check to another person or organisation for child-related work. |
|
Two years imprisonment, or a fine of 240 penalty units* or both. | A fine of 1200 penalty units*. | 36 |
Giving any person, directly or indirectly, any information acquired from a Check, including information obtained from the worker or from the Department of Justice and Community Safety. This applies to both individuals and organisations. |
|
A fine of 60 penalty units*. | n/a | 40** |
Engaging or continuing to engage a person in child-related work – knowing that the work is child-related work – for profit or gain if that person has a Volunteer Check. |
|
A fine of five penalty units*. | n/a | 37 (2) |
Failing to provide information to the Department of Justice and Community Safety pursuant to s41A of the Act within 28 days or any longer period specified in the notice. |
You have a reasonable excuse why you didn’t provide the information. |
A fine of 60 penalty units*. | A fine of 60 penalty units*. | 41A (2)** |
** Under the Child Employment Act 2003, the defences that may apply to offences committed by individuals are modified by section 19A(2) and (3) of that Act in respect of supervisors of children
*Penalty amounts
Offences against The Act carry penalties ranging from fines to imprisonment. The value of penalty units listed in the Act are determined each financial year by the Victorian Government under section 5(3) of the Monetary Units Act 2004.
Penalty unit | 2019-20 financial year |
---|---|
1 | $165.22 |
5 | $826.10 |
60 | $9,913.20 |
240 | $39,652.80 |
1200 | $198,264.00 |