There are several scenarios in the Worker Screening Act 2020 where those doing child-related work are exempt and don’t need a Check. To see what’s defined as child-related work, see the Requires a Check page.
Please note these exemptions don’t apply if you’ve previously failed the Check and been given a WWC Exclusion.
If your role involves child-related work and you don’t qualify for the exemptions listed below, you must apply for a Check online via Service Vic.
Exemptions
People under 18 years of age are exempt from the Check.
Example: David is 17 years old. He’s a member of his local scout group and leads a younger group of scouts at his club. Although he is undertaking child-related work, he is under 18 years of age so does not need a Check.
Students aged 18 or 19 years of age do not need a Check to do volunteer work organised by, or held at, their educational institution.
Example: Khalil is an 18-year-old student at Smithtown Secondary College. He leads a peer support group of Year 7 students organised by the school. As Khalil is doing his volunteer work at his school, he does not need a Check.
Parents are exempt and do not need a Check to volunteer in the same activity their child is participating, or normally participates in.
Example: Emily has volunteered to make and fit costumes for other children in her daughter’s school play. As Emily’s daughter usually participates in the school play, Emily does not need a Check, even if her daughter does not attend all of the play rehearsals or performances.
If you are closely related to each child you work with, and are not a kinship carer, you do not need a Check. Closely related to a child means:
- spouse or domestic partner*
- parent, step-parent, mother-in-law or father-in-law
- grandparent
- uncle or aunt
- brother or sister, including half sibling, step sibling, brother inlaw or sister-in-law.
*In the case of domestic partners, a person who would be closely related to the child if the domestic partners were married to each other.
Example: Thuy is paid to teach her niece piano. As Thuy is closely related to the child, she does not need a Check.
Please be aware this exemption doesn’t apply if you’re a kinship carer – you must have a Check. A person is engaged in kinship care if:
- the person is a family member or other person of significance to a child, and
- the child is or has been placed in the out of home care of that person under the Children, Youth and Families Act 2005.
Example: Child Protection has placed nine-year-old Lucy in the care of her uncle, John. This arrangement is called kinship care. Even though John is closely related to his niece, he is still required to obtain a Check because he is a kinship carer in accordance with the above definition.
If you’re a teacher with the Victorian Institute of Teaching (VIT) you are exempt from the Check. However, if your VIT registration is suspended or cancelled, the exemption no longer applies.
Although you don’t need a Check, if you’re a registered teacher and do any child-related work that is not teaching in a school or an early childhood service, you will need to notify WWCCV by completing the Teacher notification form which is available online at Service Victoria.
Example: Claire is a secondary school teacher currently registered with VIT. She volunteers to coach children at a local chess club and does not need a Check to do this work. However, as this child-related work is not teaching in a school or early childhood service, Claire must notify WWCCV within 21 days of commencing this work.
Victoria Police officers and Australian Federal Police (AFP) officers are exempt from the Check.
However if the officer is suspended or dismissed from Victoria Police or the AFP, they are no longer exempt and must apply for a Check. They must notify in writing every organisation that engages them in child-related work within seven days of the suspension or dismissal.
Example: Roger is currently an AFP officer who volunteers at an under-15s hockey club. He does not need a Check.
Visitors who normally live outside Victoria and hold an equivalent Check from their home State/ Territory, can do child-related work in Victoria without a Check for a maximum of 30 days in a calendar year, which can comprise one or several events or occasions.
Visitors who normally live outside Victoria and don’t hold an equivalent Check from their home State/ Territory, can do child-related work in Victoria without a Check on only one occasion or event per calendar year, which may last for a maximum of 30 days.
Example: Anne lives in New South Wales (NSW) and wants to bring a group of teenagers to Victoria to see an exhibition at the State Library. As Anne doesn’t usually live in Victoria – and will only be in Victoria for one event – she doesn’t need a Check.
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