Working or volunteering with children carries a significant position of trust. In Victoria, that trust is supported through a screening system known as the Working With Children Check (WWCC).
The WWCC scheme is designed to help protect children from harm by assessing whether individuals are suitable to engage in child-related work. However, the process can have serious consequences for workers and volunteers if a clearance is refused, suspended, or cancelled.
Understanding how the system operates, the legal framework involved, and the rights available to challenge decisions is particularly important for people working in sectors such as:
- Education
- Sport and recreation
- Healthcare
- Disability services
- Religious organisations
- Community and youth programs
If your employment or volunteer role requires a WWCC, it is essential to understand your obligations and the potential legal implications of the scheme.
What Is a Working With Children Check?
A Working With Children Check (WWCC) is a screening process used in Victoria to assess whether a person poses an unacceptable risk to children.
The WWCC is different from a standard police check. While police checks focus primarily on criminal convictions, the WWCC system considers a wider range of information relevant to child safety.
A WWCC involves:
- Criminal history screening
- Consideration of professional conduct findings
- Ongoing monitoring of new charges or findings
Importantly, WWCC clearances are subject to continuous monitoring, meaning new criminal charges or relevant findings can trigger a reassessment at any time.
WWCC clearances are also not transferable between states or territories, as each jurisdiction operates its own screening system.
The Legislative Framework
The WWCC scheme in Victoria is governed by the Worker Screening Act 2020 (Vic) and supported by the Worker Screening Regulations 2021 (Vic).
These laws replaced the former Working With Children Act 2005 (Vic) and introduced a more modern screening system aligned with national child-safety frameworks.
Under the Act, it is an offence to engage in child-related work without a valid WWCC clearance.
The legislation defines child-related work as work carried out:
- At or for a specified organisation, service, or place, or
- Involving specific activities that typically require direct contact with children.
The types of child-related work requiring a WWCC are outlined in section 7 of the Worker Screening Act 2020 (Vic).
In most cases, a WWCC clearance is valid for five years, subject to continuous monitoring.
Who Needs a Working With Children Check?
A WWCC is generally required for people who work or volunteer in roles involving direct contact with children, unless a specific exemption applies.
Common occupations requiring a WWCC include:
- Teachers and school staff
- Sports coaches and club volunteers
- Tutors and education support staff
- Youth workers and counsellors
- Religious leaders and volunteers
- Healthcare workers treating children
- Disability support workers assisting minors
- Foster carers and residential care workers
Failing to hold a valid WWCC while performing child-related work is a criminal offence and can result in substantial fines.
The Application and Screening Process
When a person applies for a Working With Children Check, the Secretary administering the scheme must conduct a detailed assessment of the applicant’s history and suitability.
This screening may involve checks of:
- National criminal history databases
- Findings of professional misconduct
- Disciplinary proceedings
- Interstate or international police information
- Certain spent convictions, which may still be considered for child-safety purposes
Importantly, the WWCC scheme is risk-based rather than conviction-based.
This means a person may be refused a WWCC even if they have not been convicted of an offence, where credible information suggests they may pose an unjustifiable risk to children.
When assessing an application, the Secretary may consider factors such as:
- The nature and seriousness of any alleged or proven conduct
- The applicant’s age at the time of the conduct
- The time that has passed since the conduct occurred
- Patterns of behaviour
- Evidence of rehabilitation
- The likelihood of future risk to children
The scheme is intended to be protective rather than punitive, a principle recognised in a number of tribunal decisions reviewing WWCC determinations.
Criminal Charges and Their Impact on a WWCC
Being charged with or investigated for a criminal offence can have significant consequences for a person who holds a WWCC.
In some circumstances, the Department may reassess a clearance and issue an Interim Exclusion Notice while eligibility is reviewed.
An Interim Exclusion Notice temporarily prevents a person from engaging in child-related work while the reassessment process is underway.
Before making a final decision, the applicant will usually have the opportunity to provide written submissions and supporting material explaining why they should continue to hold a clearance.
Because these submissions can be critical to the outcome, obtaining legal advice at this stage is strongly recommended.
Offence Categories Under the Worker Screening Act
Applications involving criminal matters are assessed under three statutory categories.
Category A
Category A applies to the most serious circumstances, including individuals subject to the Sex Offenders Registration Act 2004 or supervision or detention orders.
In these cases, a WWCC must be refused, unless there has been a relevant change in circumstances.
Category B
Category B applies to serious offences listed in Schedules 2 and 4 of the Act, which may or may not involve children.
A clearance must be refused unless the Secretary is satisfied the applicant does not pose an unjustifiable risk to the safety of children.
Category C
Category C applies to other relevant offences listed in the legislation.
In these cases, the Department must issue a WWCC unless satisfied that a reasonable person would not allow their child to have direct contact with the applicant while the applicant is engaged in child-related work, or that such engagement would pose an unjustifiable risk to children.
What Happens If Your WWCC Is Cancelled or Refused?
If a person is issued with a WWCC Exclusion, they are prohibited from engaging in child-related work.
The Department is also required to notify any organisation that employs or engages the individual in child-related work.
It is therefore important to inform your employer immediately and make arrangements to cease any child-related work, as continuing to perform such work may constitute a criminal offence.
Re-applying After a WWCC Exclusion
In most cases, a person who has been issued with a WWCC Exclusion cannot apply again for five years.
However, an exception may apply if there has been a relevant change in circumstances.
Examples may include:
- Being acquitted of criminal charges
- A conviction being overturned on appeal
- Significant new evidence demonstrating rehabilitation
Appealing a WWCC Decision to VCAT
Decisions to issue a WWCC Exclusion may be reviewed by the Victorian Civil and Administrative Tribunal (VCAT).
VCAT has the power to:
- Affirm the Department’s decision
- Set aside the decision
- Send the matter back to the Department for reconsideration
An application for review must generally be lodged within 28 days of the decision.
Applications are made online and require payment of a filing fee.
Recent Reforms to the WWCC Scheme
In August 2025, the Victorian Government announced further reforms aimed at strengthening child-safety protections and improving the WWCC system.
Amendments to the Worker Screening Act 2020 introduced several changes, including:
- Treating applicants excluded from child-related work in other states as Category A applicants
- Requiring the Secretary to immediately suspend a WWCC where the holder is charged with a relevant offence
- Allowing the cancellation of a WWCC where a person provides false or misleading information
- Limiting VCAT review rights in certain cases to issues of mistaken identity
- Extending the limitation period for offences involving false information in WWCC applications from 12 months to 66 months
The reforms also introduced new criminal offences, including:
- Employing a worker in child-related work while they are subject to an Interim Exclusion Order
- Engaging in child-related work while subject to an Interim Exclusion Order
- Applying for a WWCC while already excluded from working with children in another state
Expanded Powers for the Social Services Regulator
Further reforms expected before the end of 2025 will expand the powers of the Victorian Social Services Regulator (SSR).
These powers may include:
- Considering unsubstantiated allegations when deciding whether to grant, suspend or cancel a WWCC
- Requiring organisations to verify the WWCC status of their workers
- Introducing mandatory child-safety training and testing for applicants
- Requiring WWCC reviews to be conducted by child-safety risk specialists
Legal Advice for Working With Children Check Issues
A refusal, suspension or cancellation of a Working With Children Check can have serious consequences for employment, volunteering, and professional reputation.
If you are facing a WWCC exclusion, suspension, or VCAT review, it is important to obtain experienced legal advice as early as possible.
At Galbally Parker Lawyers, our criminal defence lawyers regularly assist clients with matters involving:
- WWCC refusals and cancellations
- Interim exclusion notices
- Submissions during reassessment processes
- VCAT reviews and appeals
If you require advice about a Working With Children Check issue in Victoria, contact our team for confidential legal assistance.
FAQ: Working With Children Checks in Victoria
A Working With Children Check (WWCC) in Victoria is generally valid for five years. However, the clearance is subject to continuous monitoring, meaning that if the holder is charged with a relevant offence or becomes the subject of certain disciplinary findings, the Department may reassess their eligibility before the expiry date.
In most cases, a person cannot engage in child-related work until their Working With Children Check has been approved. Some organisations may allow individuals to begin work once an application has been lodged, but this depends on the specific role and organisational policies.
Employers must ensure that workers engaged in child-related work hold a valid clearance or are lawfully exempt.
If a WWCC application is refused, the applicant will receive a Working With Children Check Exclusion Notice. This means the individual is prohibited from engaging in child-related work in Victoria.
The Department may also notify organisations that currently employ the person in a child-related role. Individuals who receive an exclusion should immediately cease child-related work and seek legal advice about their review rights.
Yes. Being charged with certain criminal offences can result in the suspension or reassessment of a Working With Children Check.
In some circumstances, the Department may issue an Interim Exclusion Notice, which temporarily prevents the person from working with children while their eligibility is reviewed.
Yes. Decisions to refuse or cancel a WWCC can usually be reviewed by the Victorian Civil and Administrative Tribunal (VCAT).
Applicants must generally lodge an application for review within 28 days of receiving the decision. VCAT has the power to confirm the decision, overturn it, or refer the matter back to the Department for reconsideration.
In most cases, a person who has received a WWCC Exclusion Notice cannot reapply for five years.
However, a new application may be allowed earlier if there has been a relevant change in circumstances, such as being acquitted of criminal charges or having a conviction overturned on appeal.
Child-related work refers to work involving direct contact with children as part of a person’s duties. This can include roles in schools, childcare, healthcare, sports coaching, youth programs, religious organisations, and disability services.
The types of work that require a Working With Children Check are set out in section 7 of the Worker Screening Act 2020 (Vic).
Yes. In many cases, volunteers who work with children must also obtain a Working With Children Check. This includes volunteers involved in activities such as sports coaching, youth programs, and community organisations.
Volunteer checks are generally free of charge, but the same screening requirements apply.