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What to Include in a Submission

What should you include in your submission?

The information you should include in your submission will depend on how your application is classified. The different factors that the department must take into account in assessing an application are listed below. You should address the relevant factors in your submission.

Category one applicants

If your application falls under Category one, the department has no discretion and must give you a Negative Notice after you have been given an Interim Negative Notice.

Once your application has been classified as Category one and an Interim Negative Notice has been issued, the department can only permit you to pass the WWC Check if you demonstrate that:

• the offence(s) listed in your record is or are not correct or
• you are not the person who committed the offence(s), i.e. it is not your criminal record or
• your offence(s) does not or do not fall within Category one.

Category two applicants

If your application falls under Category two, the department has limited discretion and can permit you to pass the WWC Check if it is satisfied that doing so would not present an unjustifiable risk to the safety of children, having regard to the factors below.

Under the Working with Children Act 2005, the factors that must be considered when assessing an application that falls under Category two are:

• the nature and gravity of the offence (or alleged offence) and its relevance to ‘child-related work’
• the period of time since the offence was committed (or allegedly committed)
• whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending
• the sentence imposed for the offence
• your age or the age of any victim at the time the offence was committed (or allegedly committed)
• whether or not the conduct that resulted in the charge or offence has been decriminalised since you committed (or allegedly committed) the offence
• your behaviour since you committed (or allegedly committed) the offence
• the likelihood of future threat to a child posed by you
• any information you give in relation to the application
• any other matter the department considers relevant to the application.

Your submission should address the above factors and explain why giving you an Assessment Notice would not pose an unjustifiable risk to the safety of children.

Category three applicants

If your application falls under Category three, the department has limited discretion and must permit you to pass the WWC Check unless satisfied that it is appropriate to refuse to do so, having regard to the following factors.

Under the Working with Children Act 2005, the factors that must be considered when assessing an application that falls under Category three are:

• the nature and gravity of conduct and its relevance to ‘child-related work’
• the period of time since you engaged (or allegedly engaged) in the conduct
• whether a criminal finding of guilt or conviction was recorded or a charge is still pending for the conduct (or alleged conduct)
• the sentence imposed for any offence constituted by the conduct
• your age and the age of any victim at the time you engaged (or allegedly engaged) in the conduct
• whether or not the conduct has been decriminalised or ceased to be subject to disciplinary charges since the time you engaged (or allegedly engaged) in it
• your behaviour since engaging (or allegedly engaging) in the conduct
• the likelihood of future threat to a child posed by you
• any information you have given in relation to your application
• any other matter that the department considers relevant.

Your submission should address the above factors and explain why it is not appropriate to refuse to give you an Assessment Notice.

Other applicants given an Interim Negative Notice

An Interim Negative Notice can be given where an applicant has a police record but the application falls outside Categories one, two and three. This can only happen if there are exceptional circumstances and only if there is a significant link between the offending behaviour and a risk to children.

Under the Working with Children Act 2005, the factors that must be considered when assessing an application in these circumstances are:

• the nature and gravity of the offence (or alleged offence) and its relevance to ‘child-related work’
• the period of time since the offence was committed (or allegedly committed) and, where there is more than one offence, the time between the offences
• whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending
• the sentence imposed for the offence
• your age or the age of any victim at the time the offence was committed (or allegedly committed)
• whether or not the conduct that resulted in the charge or offence has been decriminalised since you committed (or allegedly committed) the offence
• your behaviour since you committed (or allegedly committed) the offence
• the likelihood of future threat to a child posed by you
• any information you give in relation to the application.

Your submission should address the above factors and explain why it would not be appropriate for the Secretary to the Department of Justice to exercise the “exceptional circumstances” discretion and refuse to give you an Assessment Notice.

Other information you may wish to include in your submission

You should include the following information, where relevant:

• evidence of the fact that there has been a mistake with your identity, criminal record or finding made by a prescribed professional body
• supporting evidence from others, for example your employer or volunteer organisation.