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Can You Work Without a Working with Children Check?

You can work without a Working with Children (WWC) Check if you are not undertaking ‘child-related work’ as defined in section 9 of the Working with Children Act 2005 (the Act) or if an exemption applies to you.

If you are required to apply for a WWC Check under the Act, you must do so before undertaking child-related work or criminal penalties may apply.

Once you have lodged your valid WWC Check application, you can commence or continue your child-related work until a final decision is made. This includes applicants who are issued with an Interim Negative Notice. However, a person who has previously been given a Negative Notice that has not been successfully appealed to the Victorian Civil and Administrative Tribunal cannot commence or continue to undertake child-related work.

While the Act allows an applicant to commence ‘child-related work’ before passing the WWC Check, in some cases employers, volunteer organisations or agencies might require that a person has passed the WWC Check before commencing work or volunteering with them, as part of their recruitment practices.

Under the Act you cannot undertake ‘child-related work’ if:

• you are required under the Working with Children Act 2005 to pass the WWC Check and you do not apply for one
• you are subject to the reporting requirements under the Sex Offenders Registration Act 2004 or subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 or subject to a detention or suspension order under this Act
• you hold a Negative Notice.