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Dealing with Confidential Information

It is an offence to give to another person, directly or indirectly, any information obtained:

• from a Working with Children (WWC) Check
• in the carrying out of a WWC Check
• from being notified:
  • that a person has been given an Assessment Notice, Interim Negative Notice or a Negative Notice
  • of a person’s ‘relevant change in circumstances’
  • that a person’s Assessment Notice has expired
  • that a teacher’s registration with the Victorian Institute of Teaching has been suspended or cancelled
  • that a sworn police officer has been suspended or dismissed as a member of the force.

This offence does not apply to the giving of information in any of the following circumstances:

• in good faith for the purpose(s) of:
  • the Working with Children Act 2005
  • a reference check being carried out on an applicant for ‘child-related work’
  • making employment-related decisions in respect of ‘child-related work’
  • with the written authority of the person about whom the information relates; if that person is a child or has impaired mental functioning within the meaning of Subdivision (8D) of Division 1 of Part I of the Crimes Act 1958, with the written authority of a person authorised to act on that person’s behalf
  • to a court or tribunal in the course of legal proceedings
  • pursuant to an order of a court or tribunal
  • to the extent reasonably required to enable the investigation or enforcement of  a law of one of the states, territories or the Commonwealth
  • to an Australian legal practitioner for the purpose of obtaining legal advice or representation
  • as required or authorised by or under any Act.