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Interim Negative Notices

Being given an Interim Negative Notice means that the Department of Justice intends to give you a Negative Notice, but a final decision has not yet been made.

The Interim Negative Notice and attached letter informs you of:

• the intention to give you a Negative Notice (which would mean you have failed the Working with Children (WWC) Check)
• the reason(s) why the department intends to give you a Negative Notice, including any information about your criminal history or findings made by a professional body that has been considered
• your opportunity to make a submission and explain why you believe you should pass the WWC Check.

Submissions

You will be asked to make a submission in writing by a due date (at least 28 days from the date on the notice). If you do not make a submission before the deadline, you will be given a Negative Notice. If you are unable to make your submission by the due date you may request an extension from the department before that date.

Further information about the submission process will be sent to you with your Interim Negative Notice.

After considering your submission, the department will make a final decision about your application and you will be given either an Assessment Notice (you have passed the WWC Check) or a Negative Notice (you have failed the WWC Check).

Receiving an Interim Negative Notice

An Interim Negative Notice will be sent via registered mail in a plain envelope.

Notifying your employer, volunteer organisation or agency

The Department of Justice is required to send a copy of your Interim Negative Notice to your employer, volunteer organisation or agency (where known). The letter enclosing a copy of the Interim Negative Notice will not include information about your criminal history or about disciplinary findings.

Your obligations

If you have passed the WWC Check and you receive an Interim Negative Notice, you must inform your employer, agency or volunteer organisation in writing within seven days.

Working in ‘child-related work’ once you have received an Interim Negative Notice

An Interim Negative Notice is not a final decision and you are not prevented from continuing your ‘child-related work’ while a final decision about your application is made. However, your employer, agency or volunteer organisation may wish to put in place other arrangements while your application is being decided.

If you have received an Interim Negative Notice and any of the following apply to you, you cannot work in or apply for ‘child-related work’:

• your application has since been finally decided and you have received a Negative Notice
• you have previously received a Negative Notice and do not have a current Assessment Notice
• you are subject to reporting obligations under the Sex Offenders Registration Act 2004 or an extended supervision order under the Serious Sex Offenders Monitoring Act 2005.

You are considered to have the Interim Negative Notice from the time it is sent by the department until you receive a final decision by the department in the form of an Assessment Notice or a Negative Notice.