Your obligations
As an organisation, you need to understand your obligations. You must:
- only engage a person in child-related work if they have a WWC Clearance, if they have lodged an application for a WWC Clearance that is being assessed, or have a relevant exemption under legislation
- not allow a person to engage in child-related work if they do not have a WWC Clearance, have been issued an interim WWC Exclusion, Exclusion, Interim Bar or a Suspension
- not offer the services of any person who doesn’t have a WWC Clearance to another organisation if the work to be undertaken with that organisation is child-related work
- know how to check if a person is allowed to work with children while their application is processed by using the Working with Children Status Checker
- know how to check if a person has a valid WWC Clearance by using the Status Checker
- ensure paid workers doing child-related work have an Employee WWC Clearance, not a Volunteer WWC Clearance
- know when your workers’ and volunteers’ WWC Clearance expires
- respect and comply with workers’ and volunteers’ privacy.
What happens if one of my workers fails the Check?
To keep children safe from harm, you must know what to do if one of your workers has their Clearance revoked. When a worker or volunteer’s WWC Clearance is revoked, they will be issued with a WWC Exclusion.
Revoked WWC Clearance
If your worker or volunteer’s WWC Clearance has been revoked, they will be issued with a WWC Exclusion and won’t be able to legally do child-related work for your organisation. If they have told us they are doing child-related work for your organisation we’ll notify you in writing that their Clearance been revoked and advise you on the next steps you and your worker or volunteer will need to take.
Receiving a WWC Exclusion
If your worker or volunteer receives a WWC Exclusion, and they have told us they work or volunteer with you, we’ll let you know. By law, your worker or volunteer must also tell you in writing within seven days of the date they are given the Exclusion. Please note you won’t be told the reason for the WWC Exclusion. Once issued, the worker or volunteer is not allowed to do any child-related work from the effective date listed on the Exclusion.
In some circumstances, your worker or volunteer may apply to the Social Services Regulator (SSR) for an internal review of the decision to issue a WWC Exclusion. If your worker or volunteer’s WWC Exclusion is upheld, they can’t apply for a WWC Check again for five years after the date of the Exclusion, unless their circumstances change.
Before issuing a WWC Exclusion
If after completing our assessment, we determine that a person must be refused a WWC Clearance under the Act, including because they pose an unjustifiable risk to the safety of children, we’ll issue them with an interim WWC Exclusion. This gives the person an opportunity to respond before we decide to issue them with a WWC Exclusion.
The SSR will immediately suspend a person’s WWC Clearance if they:
- become subject to reporting obligations under the Sex Offenders Registration Act 2004 or a supervision order, a detention order, or an emergency detention order under the Serious Offenders Act 2018; or
- have been charged with, convicted or found guilty of a serious offence (these are in clause 2 of Schedule 5 of the Worker Screening Act 2020); or
- have been excluded from child-related work under a corresponding working with children law.
Other interim actions the SSR may take while undertaking the WWC Check
When the SSR becomes aware of information relevant to a person’s child-safety risk, it may temporarily prevent them from working with children while assessing their suitability to hold a WWC Clearance.
A person without a WWC Clearance may receive an Interim Bar
If a worker or volunteer is engaged, or intends to be engaged, in child-related work with your organisation, and they have told us they work at your organisation, we will notify you if they are issued with an Interim Bar.
We cannot disclose to the organisation the child safety risk information or other details that informed the decision to issue the Interim Bar.
The worker or volunteer cannot engage in child-related work (paid or voluntary) while the Interim Bar is in place.
The Interim Bar remains in place for a maximum of two years while the SSR assesses the relevant information and makes a final decision.
A person with a WWC Clearance may have their Clearance suspended
If a worker or volunteer is engaged, or intends to be engaged, in child-related work with your organisation, and they have told us they work at your organisation, we will notify you if they are issued with a WWC Suspension.
If your worker or volunteer is engaged in child-related work with you and has their WWC suspended, we’ll let you know.
We cannot disclose to the organisation the child safety risk information or other details that informed the decision to issue the Suspension.
The worker or volunteer cannot engage in child-related work, paid or voluntary, while the suspension is in place.
The suspension remains in place (for a maximum of two years, while the SSR assesses the relevant information and makes a final decision about whether the person should continue to hold a WWC Clearance.
What if my organisation is non-compliant?
Your organisation has responsibilities under the Act. If you don’t meet these responsibilities, you may be subject to a penalty. These penalties apply to individuals and organisations that breach the Act.
For details about the consequences of not meeting your legal obligations, see Offences and penalties.
Legislation for organisations
At a minimum, organisations must meet their legal obligations under the Worker Screening Act 2020 to ensure people engaged in child-related work are suitable, as outlined in Your obligations. Organisations may choose stricter requirements through their own policies and procedures, provided these comply with other applicable laws.
Legislation updates
Are you unsure whether your knowledge of the Check is up to date? Please read the legislation page to find out what’s new.
Limitation of right to appeal
Workers or volunteers who are issued with a WWC Exclusion may be able to apply for an internal review of the decision. Under the Act, adults charged with, or found guilty of, the most serious Category A offences (including murder, rape and sexual offences against a child) have a limited right to apply to the SSR for an internal review of a decision to refuse their Working with Children Check application.
Find out more about internal review for Working with Children Check.
Writing your own HR policy
As an employer, you can use our checklist to help determine whether your worker or volunteer needs a WWC Check.
You may also develop your own polices and procedures, provided they meet the minimum requirements of the Child Safe Standards, the obligations under the Worker Screening Act 2020 and any other applicable laws.
Child Safe Standards
In addition to your organisation’s legal obligations under the Worker Screening Act 2020, you should have processes in place to:
- check a person’s job references before they begin child-related work
- monitor employee behaviour around children in your care.
Many organisations that provide services or facilities for children, or employ children to provide goods or services, whether paid or unpaid, must also comply with the Child Safe Standards under the Child Wellbeing and Safety Act 2005. The Standards help organisations create and maintain child-safe environments and protect them from harm and abuse.
Some organisations must also comply with the Reportable Conduct Scheme. For more information about the Child Safe Standards and the Reportable Conduct Scheme, visit the Social Services Regulator website.
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