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Interim Negative Notices

If you have been given an Interim Negative Notice the Department of Justice intends to give you a Negative Notice, but a final decision has not yet been made.

The Interim Negative Notice and the accompanying letter advises you :

• when the department is not satisfied that you should be issued with a Working with Children (WWC) Check card and intends to give you a Negative Notice
• of the reason(s) why the department intends to give you a Negative Notice, including any information about your criminal history or findings made by a professional body
• of the opportunity to make a submission explaining why you believe you should pass the WWC Check.

 

Submissions

You will be asked to make a submission in writing by a specified date. If you do not make a submission before the deadline, or notify the WWC Check Unit that you do not want to make a submission, you will be given a Negative Notice. 

Information about the submission process will be sent to you with your Interim Negative Notice.

After considering your submission if the department decides you should pass the Check, you will be given a WWC Check card. If the department decides you should fail the Check, you will be issued with a Negative Notice and cannot undertake ‘child-related work’, even if you are directly supervised.

Notifying your employer, volunteer organisation or agency

The Department of Justice is required to send a copy of your Interim Negative Notice to your employer, volunteer organisation or agency (where known). The letter enclosing a copy of the Interim Negative Notice will not include information about your criminal history or about disciplinary findings.

Your obligations

If you receive an Interim Negative Notice after you were initially given an Assessment Notice you must inform your employer, volunteer organisation or agency in writing within 7 days of being given the Interim Negative Notice.

Working in ‘child-related work’ once you have received an Interim Negative Notice

An Interim Negative Notice is not a final decision and you are not prevented from continuing your ‘child-related work’ while a final decision about your application is made. However, in the interim your employer, volunteer organisation or agency may wish to put in place other arrangements.

If, however, any of the following apply to you, you cannot work in or apply for ‘child-related work’:

• your application has been decided and you have been given a Negative Notice
• you do not have a current WWC Check card and have previously been given a Negative Notice
• you are a registered sex offender within the meaning of the Sex Offenders Registration Act 2004 or subject to reporting obligations imposed by that Act
• you are subject to an interim extended supervision order or extended supervision order under the Serious Sex Offenders Monitoring Act 2005, or 
• you are subject to a supervision order (or interim supervision order) or detention order (or interim detention order) under the Serious Sex Offenders (Detention and Supervision) Act 2009.

An Interim Negative Notice applies from the time the department sent it to you until it makes a final decision to issue you with a WWC Check card or a Negative Notice.