The WWC Check is not the same as a standard police records check.

If the Working with Children Act 2005 requires that you apply for a WWC Check, you need to do so even if you have had a police records check.

If you have a criminal record, further information will be sought from you if :

• you have an offence specified in the legislation (depending on the type of ‘relevant’ offence, your application will be determined to be either a Category one, two or three)
• you have other offences with a potential link to a risk to the safety of children, and where exceptional circumstances may exist to justify refusal of the application.

An assessment will be undertaken to determine if you should pass the WWC Check. Unless you are a Category one applicant, the Department of Justice must consider the surrounding circumstances when deciding your application. The circumstances that can be taken into account are listed in the Act.

If you don’t have a specified offence and it is determined that there is a significant link between the criminal record and a risk to the safety of children and that there are exceptional circumstances, the department has discretion to refuse the application.

The department can only issue you with a Negative Notice after you have been given an Interim Negative Notice; this gives you an opportunity to make a submission explaining why you believe you should pass the Check.

Where a Negative Notice has been issued, you can apply to the Victorian Civil and Administrative Tribunal for an order that an Assessment Notice be given to you.

Broadly, the specified offences cover serious sexual, violent and drug-related offences. There are also certain offences against the Working with Children Act 2005. The offences in each category are set out in the Offences Checklist, which is available by download or in hard copy on request.

If a person has a specified offence, the outcome of their WWC Check application is dependent upon the type of offence and consideration of criteria set out in the Act. Offences are treated differently, depending on whether they are Category one, two, or three.

For Category one, the Department of Justice must refuse the application. For Category two, the application must be refused unless the department is satisfied that there is not an unjustifiable risk to the safety of children. For Category three, the application will be passed unless it is considered inappropriate to do so.

If you have a criminal record the Department of Justice will not disclose the details of your criminal record to your employer, volunteer organisation or agency without your consent. If you are issued with an Interim Negative Notice or Negative Notice, your employer will also receive a copy of the Notice. This will not include any information about your criminal record.