The WWC Check is not the same as a standard Police Records Check.

If the Working with Children Act 2005 (the Act) requires that you apply for a WWC Check, you need to do so even if you have had a Police Records Check.

If you have a criminal record, further information will be sought from you if you have:

• an offence specified in the legislation. Depending on the type of ‘relevant’ offence, your application will be determined to be either a Category one, two or three
• you other offences with a potential link to a risk to the safety of children, and where exceptional circumstances may exist to justify refusal of the application.

An assessment will be undertaken to determine if you should pass the WWC Check. Unless you are a Category one applicant, the Department of Justice must consider the surrounding circumstances when deciding your application. The circumstances that can be taken into account are listed in the Act.

If you don’t have a specified offence and it is determined that there is a significant link between the criminal record and a risk to the safety of children and that there are exceptional circumstances, the department has discretion to refuse the application.

The department can only issue you with a Negative Notice after you have been given an Interim Negative Notice, and the opportunity to make a submission explaining why you believe you should pass the Check.

Where a Negative Notice has been issued, in most cases, you can apply to the Victorian Civil and Administrative Tribunal for an order that a WWC Check card be given to you.

If a person has a specified offence, the outcome of their WWC Check application is dependent upon the type of offence and consideration of criteria set out in the Act. Offences are treated differently, depending on whether they are Category one, two, or three.

If a person has a specified offence, the outcome of their WWC Check application is dependent upon the type of offence and consideration of criteria set out in the Act. Offences are treated differently, depending on whether they are Category one, two, or three.

For Category one, the Department of Justice must refuse to give a WWC Check card. For Category two, the WWC Check card must be refused unless the department is satisfied that there is not an unjustifiable risk to the safety of children. For Category three, the department must give a WWC Check card unless it is considered inappropriate to do so.

If you have a criminal record the Department of Justice will not disclose the details of your criminal record to your employer, volunteer organisation or agency without your consent. If you are issued with an Interim Negative Notice or Negative Notice, your employer will receive a copy of the Notice. This will not include any information about your criminal record.