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Making a Submission

What is a submission?

If the Department of Justice proposes or is required to give you a Negative Notice, it will first give you an Interim Negative Notice. An Interim Negative Notice is not a final decision and this part of the process gives you the opportunity to explain in writing why you should pass the Working with Children (WWC) Check.  

The department will consider the information provided in your submission before making a final decision on your WWC Check application. However for certain serious offences the department must issue a Negative Notice.

You are encouraged to seek independent legal advice to assist you through this process.

When will you need to make a submission?

If you receive an Interim Negative Notice you need to make your written submission by the due date specified in the letter the department sends you. 

If you are unable to make your submission in writing, for example because of a disability, you should contact the WWC Check Information Line to discuss your circumstances.

What will happen if you don't make a submission?

If you have been given an Interim Negative Notice and decide not to make a submission, you will be given a Negative Notice. This means that you have failed the WWC Check and you will not be able to work, volunteer or apply for ‘child-related work’ in Victoria as defined in section 9 of the Working with Children Act 2005, even if you are directly supervised. Once you have been issued with an Interim Negative Notice you cannot withdraw your application.

Can the information in your submission be used in court?

Under the Working with Children Act 2005, any information you give as part of your submission is not admissible as evidence against you in a criminal proceeding or a proceeding for the imposition of a penalty. This is so that applicants feel they can discuss their circumstances frankly and freely. The exception to this is if an offence has been committed against the Act itself or a proceeding about the falsity or misleading nature of the information provided in the submission.