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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 |
| People who undertake 'child-related work' | If you do not hold a current assessment notice, 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 Assessment Notice or another person's Assessment Notice. | Two years imprisonment, a fine of 240 penalty units*, or both | 38 |
| People who wish to undertake 'child-related work' | If, at any time, you have received a Negative Notice and do not have a current Assessment 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 of a relevant change in circumstances in writing within seven days.
A relevant change in circumstances is:
|
A fine of 60 penalty units* | 20(1)
20(3) includes defences |
| Applicants and WWC Check card holders | If you are given an Interim Negative Notice or a Negative Notice, you must notify any person who engages you in 'child-related work' (whether a volunteer organisation, agency or employer) in writing within seven days. | A fine of 60 penalty units* | 22 |
| WWC Check card holders | If you are required to surrender your Assessment Notice and 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' Assessment Notice and 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 will need to make a new application for an 'employee' Assessment Notice and WWC Check card. |
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 who engages you in 'child-related work' (including volunteer organisation, employer or agency) in writing within seven days of being notified 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 who engages you in 'child-related work' (including a volunteer organisation, employer or agency) in writing within seven days of being notified of the suspension or dismissal. | A fine of 60 penalty units* | 31(2) |
| WWC Check card holders | If you apply for and are given, a new assessment notice, you must surrender the previous assessment notice to the Department of Justice within 7 days of being directed to do so. | A fine of 1 penalty unit* |
24(3) |
* 2009/10 financial year: 1 penalty unit = $116.82. Accordingly: 5 penalty units = $584.10; 60 penalty units = $7009.20; 240 penalty units = $28,036.80.
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.