The Law Handbook 2024

250 SECTION 3: Fines, infringements and criminal law Working with children checks When is a check required? Passing a working with children check (‘ a check ’) is a legal requirement for everyone in Victoria doing paid or voluntary child-related work who doesn’t qualify for an exemption. In broad terms, the ‘child- related work’ to which the check applies is work of a specified kind that usually involves direct contact with a child. ‘Direct contact’ means any contact between a person and a child that involves physical contact, face-to-face contact, contact by post or other written communication, contact by telephone or other oral communication, or contact by email or other electronic communication. After passing a check, a person receives a working with children ( WWC ) clearance. The Working with Children Act 2005 (Vic) was replaced with the Worker Screening Act 2020 (Vic) (‘ WS Act ’) on 1 February 2021. Under the WS Act, it is an offence to: • engage in child-related work or volunteering without a current WWC clearance (s 121); • apply for child-related work if a person has been given a WWC exclusion (s 122); or • engage a person in child-related work without a WWC clearance (s 123). These offences have a maximum penalty of two years in jail and/or a fine of up to 240 penalty units (see ‘A note about penalty units’ at the start of this book). What does a check involve? The checks are conducted by the Working with Children Check Unit of the Victorian Government Department of Justice and Community Safety and involve a national criminal history check and checks of findings from relevant professional bodies. The checks are subject to ongoing monitoring, so if a person commits an offence after receiving a valid check, it will be revoked and the employer notified. A ‘working with children check’ card is issued once a check has been carried out. How much does a check cost? The working with children check is free for volunteers and costs $128.20 for paid workers. Working with children check cards must be renewed every five years. It is free for volunteers to renew their cards, while paid workers must pay $97.00 to renew their cards (fees are current at 1 July 2023). Who needs to apply? Under the WS Act, only people engaging in ‘child- related work’ must apply for and pass the working with children check. Not everyone whose work brings them into contact with children needs to apply for a check. You need to apply for and pass the working with children check if: • your work or volunteer role involves contact with children in connection with one of the listed child-related occupational fields (see below); and • you volunteer/do this work on a regular basis; and • you have direct contact with children under 18 years of age (even if directly supervised); and • you do not qualify for an exemption from the need for a check. The following child-related occupational fields have been established (s 7 WS Act): • overnight camps for children; • babysitting or childminding services arranged by a commercial agency; • childcare services including centre-based long- day care, occasional care, family day care, in-home care, outside school hours care; • child protection services; • children’s services within the meaning of the Children’s Services Act 1996 (Vic); • coaching or tuition services of any kind for children; • commercial entertainment or party services for children; • commercial gymnasium or play facilities for children; • commercial photography services for children; • commercial talent or beauty competitions for children; • counselling or other support services for children; • clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or