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Moving and Working Between States

Can a Working with Children card-holder use the card in another state?

Working with Children Checks are managed at a state or territory level and in accordance with respective state legislation. A Working with Children Card is only valid when the card holder is engaged in child-related work in their own state. It cannot be used in any other state or territory. One important reason for this is that if card holders commit new offences, these can only be monitored in the card holder’s home state.

What do Working with Children card-holders need to know if they are travelling interstate?

Different legislation applies in each state, and different exemptions and exclusions apply. Individuals and employers need to be aware of their obligations with regards to Working with Children Checks or screening, before they go. If you, your employees or volunteers are visiting interstate and intend to engage in child-related work, please contact the relevant body for more detailed advice about what you should do.

Please refer to the information below for a summary of the screening requirements in each state or territory and the contact details for the relevant screening body.

Victoria

Visiting workers who don’t normally live and perform child-related work in Victoria are exempt from a Victorian WWC Check.

Registered sex offenders under Part 5 of the Sex Offenders Registration Act 2004 are prohibited from engaging in child-related work.

New South Wales

If interstate employees occasionally have to work in NSW, they do not require a WWC Check. For example, a Victorian teacher on an excursion to NSW does not need a NSW Working with Children Check.

For more information, please refer to the following website: http://kids.nsw.gov.au/

South Australia

Under the Children’s Protection Act 1993, a range of Government, non-government and local government organisations providing health, welfare, education, sporting or recreational, religious or spiritual, child-care or residential services wholly or partly for children are required to conduct criminal history assessments for people working with children in prescribed positions. 

This requirement commenced on 1 January 2011 and is being phased-in sector by sector over three years.

A criminal history assessment can be conducted by the Department for Families and Communities’ Screening Unit or an organisation may obtain a National Police Certificate and conduct an assessment themselves in accordance with Standards issued by the Department.

South Australia’s working with children framework allows interstate workers and volunteers to participate in child-related activities in SA provided they hold a valid clearance in their own jurisdiction. 

Visitors to South Australia who will be employed or volunteering in child-related work may also be exempt from the requirement in some circumstances (e.g. for a short term event or activity of less than 10 days duration, or for no more than one day a month).  For the list of exemptions and more information please refer to the following website:  www.families.sa.gov.au/childsafe.

Northern Territory

People visiting the Northern Territory to volunteer with children, do not need an Ochre Card if working for a period of no more than 14 days per year.

For more information, please refer to the following website: http://www.workingwithchildren.nt.gov.au/

Tasmania

Currently, Tasmania does not have an employment screening system, although one is planned.

Australian Capital Territory

The ACT recently passed the Working with Vulnerable People (Background Checking) Act 2011. The Legislation takes effect in November 2012 (12 months after notification). All employees and volunteers are required to be registered to engage in a regulated activity with vulnerable people (children and adults). Part 3 of the WWVP Act outlines registration exemptions. .

For further information, the WWVP legislation can be viewed at the following website:

http://www.legislation.act.gov.au/isysquery/search.asp

Queensland

Queensland has no provision that deals specifically with interstate visitors. However there are exemptions within certain categories of child-related employment or business that might apply to interstate visitors who will be engaging in child-related work in Queensland.

For example, a person does not require a blue card if the person is a:

  • Volunteer guest of a school or recognised body and is:
  • observing or supplying information or entertainment to ten or more people, and
  • the activity is for ten days or less on no more than two occasions per year, and
  • the person is unlikely to be alone with a child without another adult present.
  • Volunteer at a national or state event organised by as school or recognised body:
  • for a sporting, cultural or skill based activity, and
  • the event is attended by more than 100 people, and
  • the work is for ten days or less on no more than two occasions per year, and
  • the person is unlikely to be alone with a child without another adult present.

For more information on the Queensland Blue Card, please refer to the following website:

http://www.ccypcg.qld.gov.au/bluecard/index.html

Western Australia

If you are not ordinarily a resident of Western Australia and will be in child-related work during your stay, you are exempt from applying for a Working with Children Check during the first two weeks after your arrival, and for no more than two weeks in any 12 month period.

There are also other exemptions, which might apply to you. For more information on the WA Working with Children Check, please refer to the following website: www.checkwwc.wa.gov.au .