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Offences and Penalties: Employers, Volunteer Organisations and Agencies

Offence Maximum Penalty* Working with Children Act 2005
Section Reference

If a Working with Children (WWC) Check is required, you must not engage, or continue to engage, a person in ‘child-related work’ if the person does not have a current WWC Check card.

It is not a offence though, for employees or volunteers who:

  • are required to hold a WWC Check card, and can produce the application receipt as evidence of having applied for the Check
  • are exempt under the Working with Children Act 2005.

Natural person: two years imprisonment, a fine of 240 penalty units* or both

Body corporate: a fine of up to 1200 penalty units*

35(1)

35(2) and (3) include defences

As an agency, you must not offer the services of a person who is required to have a WWC Check card but does not have one.

It is not a offence though, for employees or volunteers who:

  • are required to hold a WWC Check card, and can produce the application receipt as evidence of having applied for the Check
  • are exempt under the Working with Children Act 2005.

Natural person: two years imprisonment, a fine of 240 penalty units* or both

Body corporate: a fine of up to 1200 penalty units*

36(1)

36(2) and (3) includes defences
You must not engage, or continue to engage, a person in ‘child-related work’ for profit or gain where the person has a ‘Volunteer’ WWC Check card A fine of five penalty units* 37(2)

You must not give any person directly or indirectly any information that you have acquired from carrying out of a WWC Check, except in certain circumstances where the information is given in good faith for the purpose of the Act:

  • for a reference check carried out on an applicant for ‘child-related work’
  • when making employment-related decisions in respect of ‘child-related work’.
 A fine of 60 penalty units*

40(1) (a)

See section 40(2) for exceptions

  * 2011/12 financial year: 1 penalty unit = $122.14  Accordingly; 5 penalty units = $610.07; 240 penalty units = $29,313.60; 1200 penalty units = $146,568.

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)

Translating and Interpreting Service icon 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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