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Offences and Penalties: Working with Children Check Applicants and Card Holders
The following offences and penalties apply to people who undertake 'child-related work'.
| Who it applies to | Offence | Maximum Penalty | Working with Children Act 2005 Section Reference |
| People who undertake 'child-related work' | If you do not hold a current Working with Children (WWC) Check card, you must not undertake 'child-related work' unless:
However, you must not undertake 'child-related work' if:
|
Two years imprisonment, a fine of 240 penalty units*, or both |
33(1) 33(2) includes defences |
| People who undertake 'child-related work' | You must not use a false WWC Check card or another person's WWC Check card. | Two years imprisonment, a fine of 240 penalty units*, or both | 38 |
| People who wish to undertake 'child-related work' | If you are the holder of a Negative Notice, you must not apply for, or undertake, 'child-related work' even if directly supervised. | Two years imprisonment, a fine of 240 penalty units*, or both |
34(1) 34(2) includes defences |
| Applicants and WWC Check card holders |
You must notify your employer/volunteer organisation and the Department of Justice in writing within 7 days of any of the following changes in circumstances:
|
A fine of 60 penalty units* |
20(1) 20(3) includes defences |
| WWC Check card holders | If you have been issued with an Interim Negative Notice or a Negative Notice, you must notify any person, employer, volunteer organisation or agency who engages you in 'child-related work' in writing within 7 days of being issued with the Notice. | A fine of 60 penalty units* | 22 |
| Applicants and WWC Check card holders | If your employer, volunteer organisation or agency details change or you commence ‘child-related work’ with a new employer or volunteer organisation, you must notify the Department of Justice within 21 days of becoming aware of that change. You must provide the name, address and phone numbers of each employer, volunteer organisation or agency for whom you do ‘child-related work’ | A fine of 1 penalty unit* | 20A |
| WWC Check card holders | If you are required to surrender your WWC Check card, it is an offence to refuse or fail to do so without reasonable excuse. | A fine of 60 penalty units* | 23(4) |
| 'Volunteer' WWC Check card holder |
If you hold a 'Volunteer' WWC Check card, you must not undertake 'child-related work' for profit or gain. If you intend to undertake 'child-related work' for profit or gain, you must re-apply for an 'Employee' WWC Check card and pay the fee. |
A fine of 5 penalty units* | 37(1) |
| VIT-registered teacher | If your registration with VIT is suspended or cancelled, you must notify any person,employer, volunteer organisation or agency who engages you in 'child-related work' in writing within 7 days after receiving the notice of the suspension or cancellation. | A fine of 60 penalty units* | 30(2) |
| Sworn police officer | If you are suspended or dismissed as a member of the force, you must notify any person, employer, volunteer organisation or agency who engages you in 'child-related work' in writing within 7 days after receiving notice of the suspension or dismissal. | A fine of 60 penalty units* | 31(2) |
| Members of the Australian Federal Police | If you are suspended or dismissed as a member of the Australian Federal Police force, you must notify any person, employer, volunteer organisation or agency who engages you in 'child-related work' in writing within 7 days after receiving notice of the suspension or dismissal. | A fine of 60 penalty units* | 31A(2) |
| WWC Check card holders | If you apply for and are given, a new WWC Check card, you must surrender the previous WWC Check card to the Department of Justice within 7 days of being directed to do so, unless you have a reasonable excuse. | A fine of 1 penalty unit* |
24(3) |
| Sex offenders | A Sex offender registered under the Sex Offenders Registration Act 2004, a person on extended supervision or interim extended supervision orders under the Serious Sex Offenders Monitoring Act 2005 and a person subject to supervision orders or detention orders under the Serious Sex Offenders (Supervision and Detention) Act 2009 must not apply for a WWC Check. | Two years imprisonment or 240 penalty units* | 39(A) |
| Applicants and card holders | You must not give information that is false or misleading in or in relation to your application for a WWC Check or a reassessment of your eligibility to hold a WWC Check Card. | Two years imprisonment or 240 penalty units* | 39(1) |
* 2011/12 financial year: 1 penalty unit = $122.14. Accordingly: 5 penalty units = $610.70; 60 penalty units = $7328.40; 240 penalty units = $29,313.60.
Contacts
Working with Children Check Unit
Department of Justice
GPO Box 1915
Melbourne VIC 3001
Information Line: 1300 652 879
Hours of operation are 8:30am - 5pm weekdays (excluding public holidays)
If you need an interpreter please call the Translating and Interpreting Service on 13 1450 and have them contact the WWC Check Information Line on 1300 652 879.
Email: workingwithchildren@justice.vic.gov.au
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