The Working with Children Check Scheme is a screening tool that helps us assess whether people working and volunteering with children are suitable and safe. Here is a brief summary of how it works:
Who needs a WWCC?
A person who intends to engage in ‘child related work’ needs to have a Working with Children Clearance (WWCC).
Child related work refers to paid work or volunteer work that involves the following activities or services:
- child protection
- children’s services and education and care services
- education services
- out of home care services
- remand centres and youth justice centres
- youth residential centres
- refuges and other residential facilities used by children
- accommodation services specifically provided for student exchange programs
- paediatric wards of hospitals
- clubs, associations or movements that are directed at children or whose membership is mainly comprised of children e.g. cultural, recreational and sporting associations
- religious organisations
- babysitting or childminding services arranged by a commercial agency
- fostering children
- transport service specifically for children
- coaching or tuition services
- counselling and other support services for children
- overnight camps for children
- school crossing services
- entertainment or party services for children
- gym or play facilities specifically for children
- photography services specifically for children
- talent or beauty competitions
- in home care service for children.[1]
The paid work or volunteer work must usually involve direct contact with a child. That is, a WWCC is not required if you only have occasional direct contact with children that is incidental to the work.[2]
How are applications assessed?
Working with Children Check Victoria (WWCCV), part of the Department of Government Services, is responsible for processing applications for WWCC. When it receives an application, it conducts a nationally co-ordinated criminal history check, checks for working with children decisions in other states and territories, and makes other enquiries as appropriate.
It then assesses all of the information, determines the application type, and makes a decision. A summary of the application types, and the decisions that can be made have been summarised in Table 1 below.
Table 1 – Applications
| Application type | Decision
|
| Category A applications
These applications include people who have been charged with or been found guilty of very serious criminal offences such as child sexual offences, offences relating to child abuse material, murder and rape.
They also include people who have been excluded from child related work for these matters in another state or territory.[3]
|
WWCCV must refuse to give the person a WWCC in these circumstances.[4] |
| Category B applications
These applications include people who have been charged with or been found guilty of serious criminal offences such as supplying a drug of dependence to a child, failure to disclose offence, failure to protect offence, leaving a child unattended, stalking, distributing or threatening to distribute an intimate image, sexual exposure, upskirting and intentionally / recklessly causing injury.
These also include people who have been excluded from child related work for these matters in another state or territory.[5]
|
WWCCV must refuse to give the person a WWCC unless it is satisfied that it would not pose an unjustifiable risk to the safety of children.
In making this assessment, WWCCV must consider the following factors: – nature and gravity of the offence and its relevance to child related work – the period of time since the person committed the offence – whether there has been a finding of guilt or the charge is still pending – the sentence imposed – the age of the person and the victim at the time the person committed the offence – whether the offence is still considered a criminal offence – the person’s behaviour since they committed the offence – the likelihood that the person poses a future threat to children. [6]
WWCCV must also be satisfied that a reasonable person would allow their child to have direct contact with the person if they were to engage in child related work.[7]
|
| Category C applications
These applications include people who were charged with certain category A and B offences but they were subsequently acquitted, or the charge was dismissed or withdrawn.
They also include people who have been charged with or been found guilty of certain category B offences when they were a child.
They also include people who have been found guilty of any other criminal offence.
They also include people who have been subject to certain disciplinary or regulatory findings.[8]
|
WWCCV must give the person a WWCC unless it meets one of the following criteria:
It is satisfied that giving the person a WWCC would pose an unjustifiable risk to the safety of children.[9]
OR
It is satisfied that a reasonable person would not allow their child to have direct contact with the person if they were to engage in child related work.[10]
|
| Other
These are applications that do not amount to Category A, B or C applications.
|
WWCCV must give the person a WWCC.[11] |
What triggers a re-assessment of a person’s WWCC?
WWCCV must re-assess a person’s eligibility to hold a WWCC if it is notified of the following information:
- certain regulatory or disciplinary findings
- charge for a criminal offence or how this was finally dealt with
- person has been excluded from engaging in child related work in another state or territory
- person has received a NDIS exclusion.[12]
The regulatory and disciplinary findings that may be taken into account have been summarised in Table 2 below.
Table 2 – regulatory and disciplinary findings taken into account
| Decision | Explanation
|
| Reportable conduct | A finding made under the Reportable Conduct Scheme that a person has committed reportable conduct.[13]
|
| Certain decisions made about teachers and early childhood teachers
|
Interim suspension of registration
A decision made by the Victorian Institute of Teaching (VIT) to suspend the registration of a teacher on an interim basis because they pose an unacceptable risk to children, and the suspension of their registration is necessary to protect children.[14]
Hearing Panel decision A decision made by a Hearing Panel to impose conditions, limitations or restrictions on the teacher’s registration, suspend the teacher’s registration or cancel the teacher’s registration.[15]
|
| Certain decisions made about foster carers and out of home carers
|
A decision made by the Suitability Panel to disqualify a person from being registered as a foster carer or an out of home carer.[16]
|
| Certain decisions made about WCES workers or carers
|
Interim exclusion
A decision made by the Social Services Regulator or a WCES Panel to issue an interim exclusion preventing the person from providing WCES services.[17]
Exclusion A decision made by a WCES Panel to exclude a person from providing a WCES service.[18]
|
| Certain decisions made about people connected with education and care services and children’s services
|
Prohibition notice
A decision made by the Regulatory Authority to issue a prohibition notice to a person that poses an unacceptable risk of harm to children if they were to remain on the service premises, or to provide education and care to children.
A decision made by the Regulatory Authority to issue a prohibition notice that prevents a person from being a nominated supervisor in an education and care service because they are not a fit and proper person to be a nominated supervisor.
Conditions A decision made by the Regulatory Authority to impose conditions on a nominated supervisor.[19]
|
| Certain decisions made about disability workers and disability students | Registration decisions
A decision made by the Disability Worker Registration Board of Victoria to: – suspend or impose conditions on registration – accept the surrender of registration – prohibit the person from providing disability services.[20]
Health Panel decisions A decision made by a Health Panel to suspend a disability worker or disability student’s registration.[21]
VCAT decisions A decision made by the Victorian Civil and Administrative Tribunal (VCAT) to impose conditions on a disability worker’s registration or suspend or cancel their registration.
A decision made by VCAT to impose conditions on a disability student’s registration, or to suspend their registration.[22]
Prohibition orders A decision made by the Victorian Disability Worker Commission to issue an interim prohibition order that prohibits an unregistered disability worker from providing disability services for a period of up to 12 months, or to impose conditions on the provision of disability services.
A decision made by the Victorian Disability Worker Commission to issue a prohibition order that prohibits an unregistered disability worker from providing disability services or imposes conditions on the provision of disability services.[23]
|
The re-assessment is classified as a Category A, Category B or Category C re-assessment. A decision about whether the person can continue to hold a WWCC is then made using the same criteria used during the application process (see Table 1).
What is wrong with the current system?
Lack of national consistency
In Australia, each state and territory has its own Working with Children Check Scheme.
In 2015, the Royal Commission into Institutional Responses to Child Sexual Abuse made 36 recommendations to help achieve consistency across the Working with Children Schemes.
These recommendations have not been fully implemented.
False sense of security
The Working with Children Check Scheme does not guarantee that a person is safe and suitable to work with children. It only detects people who have already been charged with criminal offences, been the subject of disciplinary or regulatory findings, or otherwise come to the attention of relevant authorities. Even if these people are detected, not all of them will be excluded from holding a WWCC and engaging in child related work.
We therefore need to use other strategies to try and ensure that people working and volunteering with children are safe and suitable. These include:
- robust recruitment and selection processes including assessment of the person’s suitability and experience working with children, verification of identity and qualifications, reference checks, and the use of other screening tools
- induction, onboarding, training and ongoing professional development
- mentoring and supervision
- effective complaint and incident handling policies and procedures
- child safe environment and culture
- ongoing risk assessment and management
- continuous review and improvement.
Some people do not need a WWCC
There are some people who do not need to hold a WWCC to engage in child related work in Victoria. These include the following people who are not subject to assessment and scrutiny by any other regulator:
- A parent engaging in work as a volunteer in relation to an activity in which their child is participating or ordinarily participates in. An example of this is a parent who coaches a sports team in which their child ordinarily plays.[24]
- A person who engages in child related work with children who are closely related to them i.e. the person is the parent, step-parent, grandparent, uncle, aunt, brother or sister of the child. This exemption does not apply if the children are in out of home care.[25]
- A child i.e. any person under the age of 18 years[26]
- A young person under 20 years of age who is a student that volunteers at the educational institution, or volunteers elsewhere pursuant to an arrangement with the educational institution. An example of this would be a student who engages in a placement or work experience as part of their course of study.[27]
- A person who is not ordinarily resident in Victoria and engages in child related work in Victoria for no more than 30 days in a calendar year.[28]
It is possible that some people in these categories may be unsuitable and unsafe to work with children yet are permitted by the current legislation to engage in child related work without any scrutiny.
In addition, there are some professionals who are exempt from needing a WWCC because they are scrutinised and regulated by others. These include registered teachers and police officers. The problem with the current system is that when these people cease working in these professions and being regulated by others, there is no system in place to report this to WWCCV and ensure that these people apply for a WWCC before they commence or continue to engage in child related work.
Person can work or volunteer with a pending application
In most circumstances, a person can work or volunteer without a WWCC if they have made an application for a WWCC and the application is still being processed.[29] There are limited exceptions to this – for example, if the person had been excluded from engaging in child related work in another state or territory, and/or had been charged with, or found guilty of certain criminal offences.
This means that some unsuitable people may exploit this loophole to engage in child related work.
No training
The current Working with Children Scheme does not require a person to complete mandatory training as a pre-condition to applying for a WWCC.[30] This mandatory training should include the following:
- understanding what amounts to child abuse and neglect
- understanding grooming of children and the adults around them
- understanding harmful sexual behaviour by children
- identifying and reporting allegations of child abuse, neglect, grooming, harmful sexual behaviour and other inappropriate conduct
- mandatory reporting and other reporting obligations
- the Child Safe Standards
- mandatory reporting and investigation of allegations of misconduct e.g. the Reportable Conduct Scheme.
This mandatory training should be repeated regularly.
Relevant information is not taken into account
There are many matters that are relevant to determining whether a person is suitable and safe to hold a WWCC.
Unfortunately, the matters listed below are not currently considered at the time of an application for a WWCC, nor do they trigger a re-assessment of a person’s suitability to continue to hold a WWCC:
- intelligence from Victoria Police and the police in other states and territories that the person has been investigated or is a ‘person of interest’ in relation to potential criminal offences, including offences against children
- intelligence from DFFH Child Protection and child protection authorities in other states and territories including people who have had their own children removed from their care
- impairments including alcohol and drug dependence that can significantly impact on a person’s ability to supervise and care for children
- many relevant decisions made by regulators in Victoria do not trigger a re-assessment of a person’s WWCC – for example, in the context of VIT this may include a decision to:
- refuse an application for registration / renewal of registration due to concerns about the person’s suitability
- impose conditions, limitations or restrictions on registration due to concerns about the conduct or suitability of the person
- enter into an agreement to suspend or cancel registration due to concerns about the conduct or suitability of the person
- findings of misconduct made by employers that have resulted in disciplinary action, termination of employment or contributed to the person’s resignation
- findings of incompetence or underperformance made by employers that have resulted in disciplinary action, termination of employment or contributed to the person’s resignation
- a decision to suspend or terminate a person’s employment during their probationary period for conduct that can impact on the health, safety and wellbeing of children
- people who have committed family violence, and are respondents to family violence intervention orders, and/or have been investigated, charged or found guilty of criminal offences relating to family violence
- people who are respondents to personal safety Intervention orders, and/or have been investigated, charged or found guilty of related criminal offences
- reportable allegations that have not been substantiated due to insufficient evidence
- complaints made about the person that relate to the health, safety and wellbeing of children under their care and supervision
- disclosures made by children about the person’s conduct, particularly if they relate to grooming or child sexual abuse
- serious incidents involving the person which have placed the health, safety and wellbeing of children at risk
- findings of reportable conduct that are not referred to WWCCV by the Commission for Children and Young People (CCYP)
- equivalent decisions made by regulators in other states and territories
This issue was highlighted by the Victorian Ombudsman in September 2022 in her Parliamentary Report in relation to an investigation into a former youth worker’s unauthorised access to private information about children. In this Report, the Victorian Ombudsman recommended that the Worker Screening Act 2020 (Vic) be amended to permit WWCCV to:
- obtain and consider any information that may be relevant to an applicant’s suitability to work with children
- refuse an application for WWCC if it is reasonably satisfied that the applicant poses an unjustifiable risk to the safety of children
- re-assess a person’s suitability to hold a WWCC at any time, and without the need to be notified of a criminal charge or disciplinary outcome
- suspend a person’s WWCC pending a re-assessment of their suitability, if it reasonably suspects that the person poses an unjustifiable risk to the safety of children
- revoke a person’s WWCC following a re-assessment, if it is reasonably satisfied that the person poses an unjustifiable risk to the safety of children.[31]
These recommendations have not been implemented.
Criminal history from overseas not considered
It is difficult for WWCCV to access a person’s criminal history in other countries. This means that it is not usually taken into account when assessing whether a person is suitable to hold a WWCC. This means that it may be possible for a person with a significant criminal history in another country to obtain a WWCC in Victoria.
Re-assessment is limited
When WWCCV is conducting a re-assessment, it is only required to consider the matter that triggered the re-assessment.[32] This means that it does not conduct a holistic assessment about whether the person continues to be suitable to work with children.
Interim WWC exclusion ineffective
If WWCCV intends to refuse or revoke a WWCC, it will issue the person with an interim WWC exclusion and provide the person with an opportunity to respond before making a final decision.[33] During this period, the person is still considered to hold a current WWCC.[34]
This means that they continue to be able to engage in child related work even though WWCCV has conducted a preliminary assessment that suggests that they may be unsuitable and unsafe to work with children.
Suspension only in limited circumstances
In contrast, if a person’s WWCC is suspended, they do not hold a current WWCC and cannot engage in child related work.[35]
However, WWCCV can only suspend a person’s WWCC in limited circumstances such as when they have been charged or found guilty of serious criminal offences or they have been excluded from engaging in child related work in another state or territory.[36]
There are no other circumstances in which a WWCC can be suspended even if the poses a significant risk to the safety and wellbeing of children.
Information sharing – prospective, current and former employers
WWCCV is only expected to notify a prospective or current employer of the suspension or revocation of WWCC, an interim WWC exclusion, a WWCC exclusion, the expiry of a WWCC, or the surrender of a WWCC if they are aware of the details of the employer, prospective employer or agency that the person is registered with.[37]
The system to ensure that WWCCV is aware of a person’s employer or agency is imperfect. It relies on the person to declare this information at the time of their application,[38] and to update WWCCV every time there is a change to their employer or the agency with which they are registered.[39]
It is highly probable that many people do not comply with this requirement.
The only other way that an employer or agency can become aware that a person is being re-assessed and/or no longer has a valid and current WWCC is if the person discloses this information to them.
Although the law expects a person to do this,[40] it is highly probable that some will not comply with this requirement.
This means that it is possible that the person can continue work or volunteer with children even though they have been assessed as unsuitable to do so. They will only be detected if/when their employer / agency does a periodic check of their status.
Information sharing – relevant regulators
It is unclear whether changes to the status of a person’s WWCC is shared with all other relevant regulators in real time. This should include the following information:
- people who have had their WWCC suspended or revoked
- people who have been issued with an interim WWC exclusion
- people who have been issued a WWC exclusion
- people whose WWCC has expired
- people who have surrendered their WWCC.
This will help prevent unsuitable people from:
- seeking employment to supervise, support and care for other vulnerable people
- applying for registration with different regulators
- moving interstate and attempting to avoid scrutiny.
Need for reform – What is the State of Victoria doing?
Department of Government Services Review
In April 2025, the Department of Government Services conducted a review of the Working with Children Scheme in Victoria. The findings and recommendations from this review have not been made public.
On 30 July 2025, the Honourable Rachel Payne MLC moved a motion in the Legislative Council of Victoria requiring the Premier of Victoria to produce documents relating to this review. This motion was agreed to. This means that the findings and recommendations of this review should soon be produced to the Legislative Council of Victoria and will then be made public.[41]
Rapid Review
On 2 July 2025, the Honourable Jacinta Allan MP, Premier of Victoria, announced that she is commissioning an urgent review into child safety that included a review of the Working with Children Scheme in Victoria. The review is due to report back to the Victorian Government on 15 August 2025. The Premier of Victoria has promised to adopt every recommendation of the review and implement these recommendations as soon as possible.[42]
Proposed legislation
On 29 July 2025, the Honourable Brad Battin MP, Leader of the Opposition, attempted to introduce the Worker Screening Amendment (Safety of Children) Bill 2025 in the Legislative Assembly of Victoria. This motion was defeated. This means that the proposed legislation did not proceed any further.[43]
On 30 July 2025, the Honourable David Davis MLC introduced the Worker Screening Amendment (Safety of Children) Bill 2025 in the Legislative Council of Victoria. This motion was agreed to. This means that the proposed legislation will be further considered and debated in the Legislative Council of Victoria.[44]
Parliamentary Inquiry
On 30 July 2025, the Honourable Anasina Gray-Barberio MLC moved a motion in the Legislative Council of Victoria to establish a Select Committee to conduct an inquiry into the early childhood education and care sector in Victoria. This inquiry would include a review of the effectiveness of working with children checks.
This motion was agreed to. This means that the Parliamentary Inquiry will now take place. It is expected that the Committee will provide its final report by 30 July 2026.[45]
Need for reform – What is the Commonwealth doing?
The Attorneys-General from the Commonwealth and each of the state and territory governments are due to meet this month. It is understood that reform, improvement and harmonisation of the Working with Children Scheme is on the agenda, and due to be discussed.
How can we help?
The Working with Children Scheme in Victoria is imperfect, complicated and the subject of much scrutiny and current debate.
This does not change the fact that individuals and organisations that provide services, programs, facilities and activities to children and young people have an obligation to ensure that employees, contractors and volunteers are safe and suitable.
We can support you in this important role by:
- developing and implementing robust recruitment practices
- delivering comprehensive induction, training and professional development to help employees, contractors and volunteers understand their responsibilities and obligations, including how to identify and respond to child abuse or neglect
- identifying, assessing, managing, monitoring and reviewing risks
- managing critical incidents involving the alleged conduct of an employee, contractor of volunteer
- understanding and complying with reporting obligations to various authorities
- complying with obligations under the Reportable Conduct Scheme
- conducting investigations into reportable allegations, misconduct allegations and unsatisfactory performance
- co-operating with Victoria Police investigations and other external investigations.
Elena Totino
Founder, Director & Principal Lawyer
Safety Quality & Care Legal Services
August 2025
[1] Worker Screening Act 2020 (Vic), section 7(3)
[2] Worker Screening Act 2020 (Vic), section 7(2)
[3] Worker Screening Act 2020 (Vic), section 60(1) and Schedule 2
[4] Worker Screening Act 2020 (Vic), section 61(1). However, if the person successfully appeals to VCAT, WWCCV must issue the WWCC if there has been no relevant change in circumstances and there are no exceptional circumstances that would justify the refusal of the WWCC.
[5] Worker Screening Act 2020 9Vic), section 62(1) and Schedule 4
[6] Worker Screening Act 2020 (Vic), section 63(1)
[7] Worker Screening Act 2020 (Vic), section 63(2)(a)
[8] Worker Screening Act 2020 (Vic), section 64(1)
[9] Worker Screening Act 2020 (Vic), section 65(1)(a)
[10] Worker Screening Act 2020 (Vic), section 65(1)(b)
[11] Worker Screening Act 2020 (Vic), section 68(1))
[12] Worker Screening Act 2020 (Vic), section 78
[13] Worker Screening Regulations 2021 (Vic), Regulation 9(d)
[14] Worker Screening Regulations 2021 (Vic), Regulation 9(b)
[15] Worker Screening Regulations 2021 (Vic), Regulation 9(a)
[16] Worker Screening Regulations 2021 (Vic), Regulation 9(c)
[17] Worker Screening Regulations 2021 (Vic), Regulation 9(f) & (g)
[18] Worker Screening Regulations 2021 (Vic), Regulation 9(h)
[19] Worker Screening Regulations 2021 (Vic), Regulation 9(i), (j), (k) & (l)
[20] Worker Screening Regulations 2021 (Vic), Regulation 9(m)
[21] Worker Screening Regulations 2021 (Vic), Regulation 9(n) & (o)
[22] Worker Screening Regulations 2021 (Vic), Regulation 9(r) & (s)
[23] Worker Screening Regulations 2021 (Vic), Regulation 9(p) & (q)
[24] Worker Screening Act 2020 (Vic), section 110
[25] Worker Screening Act 2020 (Vic), section 111
[26] Worker Screening Act 2020 (Vic), section 112(1)
[27] Worker Screening Act 2020 (Vic), section 112(2)
[28] Worker Screening Act 2020 (Vic), section 116(1)
[29] Worker Screening Act 2020 (Vic), section 122(2)(a)
[30] Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, p. 12
[31] Victorian Ombudsman, Investigation into a former youth worker’s unauthorised access to private information about children, September 2022, Recommendation 1, p. 80
[32] Worker Screening Act 2020 (Vic), section 81(2)(a)
[33] Worker Screening Act 2020 (Vic), sections 66(1)(b) & 88(1)(b)
[34] Worker Screening Act 2020 (Vic), section 78(3)
[35] Worker Screening Act 2020 (Vic), section 79(4)
[36] Worker Screening Act 2020 (Vic), section 79(1)
[37] Worker Screening Act 2020 (Vic), sections 80(2), 89(6), 91(5), 92, 93(4)
[38] Worker Screening Act 2020 (Vic), section 54(1)(h)
[39] Worker Screening Act 2020 (Vic), section 73
[40] Worker Screening Act 2020 (Vic), sections 72(1), 127
[41] State of Victoria, Victorian Government Printer, Legislative Council of Victoria, 60th Parliament, Hansard, p. 6, 30 July 2025
[42] State of Victoria, Statement from the Premier, 3 July 2025, www.premier.vic.gov.au
[43]State of Victoria, Victorian Government Printer, Legislative Assembly of Victoria, 60th Parliament, Hansard, pp. 2599-2605, 29 July 2025
[44] State of Victoria, Victorian Government Printer, Legislative Council of Victoria, 60th Parliament, Hansard, p. 1, 30 July 2025
[45] State of Victoria, Victorian Government Printer, Legislative Council of Victoria, 60th Parliament, Hansard, pp. 43-59, 30 July 2025