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Appealing a Negative Notice

If you are given a Negative Notice and you are not subject to sex offender reporting requirements, you have the right to make an application to the Victorian Civil and Administrative Tribunal (VCAT) and appeal the department’s decision.
If you are given a Negative Notice on the ground that you are a person subject to sex offender reporting requirements, you may apply to VCAT for a review of the decision to give a Negative Notice only on the ground that your are not such a person..

Deadline for making an appeal

Under the Working with Children Act 2005 you must make an application to VCAT appeal the department’s decision within 28 days of the department’s decision to give you a Negative Notice.

Category 1 applications

If you were given a Negative Notice because your application falls into Category 1, you can make an application to VCAT for a WWC Check card if you are not subject to:

  • reporting obligations under the Sex Offenders Registration Act 2004
  • extended supervision or interim extended supervision orders under the Serious Sex Offenders Monitoring Act 2005, or
  • supervision or detention orders under the Serious Sex Offenders (Detention and Supervision) Act 2009.

Other applications

If you are given a Negative Notice and your application does not fall into Category 1, you can apply to VCAT for the department to issue you with a WWC Check card.

What happens next

In arriving at its decision, VCAT is required to take into account a number of factors, depending on the category of your application. These factors are detailed under ‘VCAT Applications: Factors for Consideration’.

VCAT can order the department to issue a WWC Check card to you if VCAT is satisfied that doing so does not pose an unjustifiable risk to the safety of children and is in the public interest to do so

More information

If you would like more information, you can contact:

  • VCAT on 1800 133 055 (within Victoria) or 03 9628 9830
  • WWC Check Information Line

If you receive a Negative Notice and are considering making an application to VCAT, you should seek independent legal advice.

Contacts

Working with Children Check Unit
Department of Justice
GPO Box 1915
Melbourne VIC 3001

Information Line: 1300 652 879
Hours of operation are 8:30am - 5pm weekdays (excluding public holidays)

Translating and Interpreting Service icon If you need an interpreter please call the Translating and Interpreting Service on 13 1450 and have them contact the WWC Check Information Line on 1300 652 879.

 

Email: workingwithchildren@justice.vic.gov.au

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