There are several scenarios in the Working with Children Act 2005 where those doing child-related work are exempt and don’t need a Check. (To see what’s defined as child-related work, see our who needs a Check page.
Please note these exemptions don’t apply if you’ve previously failed the Check and been given a Negative Notice.
If you’re a teacher in Victoria
If you’re a teacher currently registered with the Victorian Institute of Teaching (VIT), you don’t need a Check. However, if your VIT registration is suspended or cancelled, the exemption no longer applies. For more information, see our Victorian teacher information page.
Example: Claire is a secondary school teacher currently registered with VIT. She volunteers to coach children at a local chess club and does not need a Check to do this work.
If you’re a child
If you’re under the age of 18, you’re considered a child. You don’t require a Check. However, please be aware this doesn’t apply if you’re supervising other children in paid employment who are under 15 years of age.
Example: David is 17 years old. He’s a member of his local scout group and leads a younger group of scouts at his club. Although he is undertaking child-related work, he is under 18 years of age – so he does not need a Check.
If you’re a student volunteer
If you’re a student who is 18 or 19 years old doing volunteer work organised by or held at your educational institution, you don’t need a Check.
Example: Khalil is an 18-year-old student at Smithtown Secondary College. He leads a peer support group of Year 7 students organised by the school. As Khalil is doing his volunteer work at his school, he does not need a Check.
If you’re a parent volunteering in an activity with your child
If you’re a parent volunteering in an activity in which your child is participating, or normally participates, you don’t need a Check.
Example: Emily has volunteered to make and fit costumes for other children in her daughter’s school play. As Emily’s daughter usually participates in the school play, Emily does not need a Check, even if her daughter does not attend all of the play rehearsals or performances.
If you’re closely related to the children you’re undertaking an activity with (with the exception of kinship carers)
If you’re closely related to all of the children you’re undertaking child-related work with, you don’t need a Check. ‘Closely related’ means you are either a:
- parent or step-parent
- spouse or domestic partner
- mother-in-law or father-in-law
- uncle or aunt
- brother or sister (including half-sister/brother, step-sister/brother, brothers-in-law or sisters-in-law).
Example: Thuy is paid to teach her niece piano. As Thuy is closely related to the child, she does not need a Check.
Please be aware this exemption doesn’t apply if you’re a kinship carer – you must have a Check. A person is engaged in kinship care if:
- the person is a family member or other person of significance to a child, and
- the child is or has been placed in the out of home care of that person under the Children, Youth and Families Act 2005.
Example: Child Protection has placed nine-year-old Lucy in the care of her uncle, John. This arrangement is called kinship care. Even though John is closely related to his niece, he is still required to obtain a Check because he is a kinship carer in accordance with the above definition.
If you’re a police officer
If you’re a Victoria Police officer or an Australian Federal Police (AFP) officer, you don’t need a Check. However, if you are suspended or dismissed from Victoria Police or the AFP, the exemption no longer applies.
Example: Roger is currently an AFP officer who volunteers at an under-15s hockey club. He does not need a Check.
If you are a visiting worker
If you normally live outside Victoria and hold an equivalent Check from your home State/Territory, you can do child-related work in Victoria without a Check for a maximum of 30 days in a calendar year, which can include one or several events or occasions.
If you normally live outside Victoria and don't hold an equivalent Check from your home State/Territory, you can do child-related work in Victoria without a Check on only one occasion or event per calendar year, which may last for a maximum of 30 days.