The Department of Justice will only use the information obtained through Working with Children (WWC) Checks as permitted by law.

Under the Child Wellbeing and Safety Act 2005, your personal information (including information obtained from police and the Victorian Institute of Teaching) may be disclosed to the Child Safety Commissioner, who is responsible for monitoring and reporting on the administration of the Working with Children Act 2005 (The Act).

Under the Act, it is an offence to disclose any information acquired during a WWC Check. The Act does, however, allow disclosure in certain circumstances, including:

• in good faith for carrying out the purposes of the Act
• in good faith to assist in making employment related decisions in relation to child-related work
• in good faith for the purposes of a reference check on the applicant for child-related work, for example, to confirm the status of your WWC Check
• to a Commonwealth or State body or person (established under law) with functions or powers corresponding to those of the Department of Justice Working with Children Check Unit
• as required or authorised by or under any Act
• to courts or tribunals during legal proceedings or where the Department of Justice needs to obtain legal advice or representation
• where a court or tribunal makes an order for the disclosure of information with your written consent.
• to enable the investigation or the enforcement of a law of Victoria or any other State or Territory or of the Commonwealth
• with the written authority of the person about whom the information relates; if that person is a child or has impaired mental functioning within the meaning of Subdivision (8D) of Division 1 of Part I of the Crimes Act 1958, with the written authority of a person authorised to act on that person’s behalf.

The persons or organisations to which personal information may be disclosed can depend upon the circumstances of the particular application. The WWC Check Unit usually discloses personal information to persons or organisations in good faith and for the purposes of the Act. This includes usually disclosing personal information to:

• Victoria Police or other interstate police forces or bodies exercising the powers of the Chief Commissioner of Victoria Police
• criminal history record-checking bodies
• government agencies, including correctional services, prosecuting services and Department of Human Services
• courts and tribunals
• prescribed bodies as defined in the Act
• the Child Services Commissioner, who is responsible under the Child Wellbeing and Safety Act 2005 for monitoring and reporting on the administration of the Act
• organisations which are able to assist the department check the currency of personal information or correspond with a person on behalf of the WWC Check Unit.

When a person fails to provide the department with the required personal information:

• their application may not be considered
• they may be issued with a Negative Notice
• their WWC Check card may be suspended
• their Renewal Application may not reach them.

Under the Freedom of Information legislation, you may request to access any information the department has collected about you.

Contact the Freedom of Information Unit for more information.