The Worker Screening Act 2020
The requirement to hold a Working with Children Clearance before engaging in child-related work is set out in the Worker Screening Act 2020 (‘the Act’) which came into force on 1 February 2021 and replaced the Working with Children Act 2005.
The Act is one of the key pieces of legislation that helps protect the safety and wellbeing of children and young people in Victoria.
You can access the Act and related Regulations online.
The Worker Screening Act 2020 and the Regulations may change over time to reflect community expectations and strengthen the WWC Check.
In July 2026, reforms passed by the Victorian Government come into effect, including allowing child safety risk information to be obtained and considered as part of WWC assessments and re-assessments.
Other Victorian laws may also apply to people who engage in child-related work or have responsibilities under the Working with Children Check scheme Some of these are referred to in the Act.
You can access Victorian legislation on the Victorian Legislation and Parliamentary Documents website
You can access Commonwealth legislation on the Federal Register of Legislation website.
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 Social Services Regulator for review of a decision to refuse their Working with Children Clearance.
Find out more about internal review for Working with Children Check.
This reform responds to a recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) that a person convicted of certain serious offences will always pose an unacceptable risk to children.
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