Offences and penalties relevant to the Working with Children Check

Section reference in the Act: 123

Penalty

• Companies: A fine of 1,200 penalty units*
• Individuals: Two years imprisonment, or a fine of 240 penalty units maximum*, or both.

Exceptions / defences

• If the worker doesn’t need a Check because they are exempt under the Act.
• If the worker has applied for a Check and their application is being processed and has not been withdrawn or finally decided, unless you knew or ought to reasonably to have know that the worker:
  • was excluded from child-related work under a corresponding working with children law; was subject to reporting obligations under the Sex Offenders Registration Act 2004 or a supervision order, detention order or emergency deterntion order; or
  • has been been charged with, convicted or found guilty of offences specified in clause 2 of Schedule 5 of the Act. (Tip: check the status of their application, and their work rights, on the website, to make sure they’re not prohibited from working while being assessed).
• If you were in the process of transferring the worker to non-child-related work, or you were in the process of lawfully terminating them.
• If you directly engaged the worker to undertake child-related work with your child, whether or not it involved direct contact with other children.
• The worker has been given a WWC Exclusion but had applied to VCAT and been granted a stay of the decision to give them the WWC Exclusion.

Section reference in the Act: 124

Penalty for organisations

• companies: A fine of 1200 penalty units*
• individuals: Two years imprisonment, or a fine of 240 penalty units maximum* or both.

Exceptions/defences

• If the worker doesn’t need a Check because they’re exempt under the Act.
• If If the worker has applied for a Check and their application is being processed, and has not been withdrawn or finally decided, unless you knew or ought reasonably to have known that the worker:
  • was excluded from child-related work under a corresponding working with children law; was subject to reporting obligations under the Sex Offenders Registration Act 2004 or a supervision order, detention order or emergency detention order; or
  • has been charged with, convicted or found guilty of an offence specified in clause 2 of Schedule 5 of the Act. (Tip: check the status of their application, and their work rights, on the website, to make sure they’re not prohibited from working while being assessed).
• the worker has been given a WWC Exclusion but had applied to VCAT and been granted a stay of the decision to give them a WWC Exclusion.

Section reference in the Act: 130

Penalty for organisations

• companies*: A fine of 60 penalty units maximum*
• individuals*: A fine of 60 penalty units maximum*

Exceptions/defences

• The information was given in good faith for the prevention of a serious threat to a person's life, health or safety, for a reference check, or for making employment related decisions.
• The information was given in good faith to the Commission for Children and Young People for the purposes of an investigation of a reportable allegation under Part 5A of the Child Wellbeing and Safety Act 2005.
• Where the person to whom the information relates is a child, or has a cognitive impairment or mental illness, someone authorised to act on their behalf, gave written authority to release information.
• It was given to a court or tribunal in the course of legal proceedings, or pursuant to a court or tribunal order.
• It was given to the extent reasonably required to enable the investigation or the enforcement of laws in Australia.
• It was given to any person or body with functions that correspond with the functions or powers of the Chief Commissioner of Police under the Act.
• It was given to a lawyer for the purpose of obtaining legal advice or representation.
• It was given as required or permitted by or under the Act or any other law.
• It was given to the Victorian Institute of Teaching for the purposes of the Institute's functions under Part 2.6 of the Education and Training Reform Act 2006.

Section reference in the Act: 123

Penalty for organisations

• companies: A fine of 1200 penalty units*
• individuals: Two years imprisonment, or a fine of 240 penalty units maximum* or both.

Exceptions/defences

• If the worker doesn’t need a Check because they are exempt under the Act.
• If the worker has applied for a Check and their application is being processed and has not been withdrawn or finally decided, unless you knew or ought to reasonably to have know that the worker:
  • was excluded from child-related work under a corresponding working with children law; was subject to reporting obligations under the Sex Offenders Registration Act 2004 or a supervision order, detention order or emergency deterntion order; or
  • has been been charged with, convicted or found guilty of offences specified in clause 2 of Schedule 5 of the Act. (Tip: check the status of their application, and their work rights, on the website, to make sure they’re not prohibited from working while being assessed).
• If you were in the process of transferring the worker to non-child-related work, or you were in the process of lawfully terminating them.
• If you directly engaged the worker to undertake child-related work with your child, whether or not it involved direct contact with other children.
• The worker has been given a WWC Exclusion but had applied to VCAT and been granted a stay of the decision to give them the WWC Exclusion.

Section reference in the Act: 142 (2)

Penalty for organisations

• companies*: A fine of 60 penalty units*
• individuals*: A fine of 60 penalty units*

Exceptions/defences

You have a reasonable excuse why you didn’t provide the information including if the information would tend to incriminate you.

Section reference in the Act: 121(1)

Penalty for individuals

Two years imprisonment, or a fine of 240 penalty units maximum* or both.

Exceptions/defences

You may work while your application is being assessed, only if you have not been given a WWC Exclusion, and:

• you are not excluded from child-related work under a corresponding working with children law
• you are not subject to reporting obligations or orders under the Sex Offenders Registration Act 2004, or a supervision order, detention order or emergency detention order, or
• you have not been charged with, convicted or found guilty of sexual, violent or drug offences specified in clause 2 of Schedule 5 of the Act

If an exemption applies to you, you may work in your chosen occupational field only if:

• you have not been given a WWC Exclusion; and
• you are not subject to reporting obligations or orders under the Sex Offenders Registration Act 2004, or subject to a supervision order, detention order or emergency detention order.

If you are engaging in work as a volunteer, or undertaking practical training, it is a defence to the charge if your employer has been notified of your WWC Exclusion and is in the process of transferring you to non-child-related work, or in the process of lawfully terminating your employment.

You have been given a WWC Exclusion but have applied to VCAT and been granted a stay of the decision to give you a WWC Exclusion whilst your appeal is pending.

If you are engaging in child-related work that is out of home care (kinship care), and you have applied for a Check within 21 days of becoming a kinship carer.

Section reference in the Act: 126

Penalty for individuals

Two years imprisonment, or a fine of 240 penalty units maximum* or both.

Exceptions/defences

n/a

Section reference in the Act: 125(1)

Penalty for individuals

A fine of five penalty units maximum*

Exceptions/defences

• You did not know that your Check was only a Volunteer Check, or
• You did not know that the work you were engaging in was for profit or gain.

Section reference in the Act: 128(2)

Penalty for individuals

Two years imprisonment, or a fine of 240 penalty units maximum* or both.

Exceptions/defences

You believed on reasonable grounds that:

• the information provided was true; or
• the information provided was not misleading.

Section reference in the Act: 72

Penalty for individuals

A fine of 60 penalty units maximum*

Exceptions/defences

It is a defence to a charge of failing to notify the department of how your charge has been finally dealt with if you can prove that:

• you notified the department of the filing of the charge sheet; and
• the department re-assessed your eligibility to have a Check, and
• your Check was not revoked following the re-assessment, and
• the charge was finally dealt with other than by a finding of guilty.

Full wording of offence:

Failing to notify the department within 21 days of any changes to your:

• full name, and any other names you are currently or have been known by
• date of birth
• residential address
• email address
• phone numbers

if you either hold a Check or have applied for a Check.

Section reference in the Act: Regulation 12

Penalty for individuals

A fine of one penalty unit*

Exceptions/defences

n/a

Section reference in the Act: 122(1)

Penalty for individuals

Two years imprisonment, or a fine of 240 penalty units maximum* or both.

Exceptions/defences

You did not know the work you were applying for was or engaging in was child-related work

OR

You have applied to VCAT for a WWC Clearance and been granted a stay of the decision to give you a WWC Exclusion.

Section reference in the Act: 127

Penalty for individuals

A fine of 60 penalty units maximum*

Exceptions/defences

n/a

Section reference in the Act: 91(4)

Penalty for individuals

A fine of 60 penalty units maximum*

Exceptions/defences

You have a reasonable excuse why you did not surrender the requested documents.

Section reference in the Act: 93(3)

Penalty for individuals

A fine of one penalty unit*

Exceptions/defences

You have a reasonable excuse why you did not surrender the first card.

Section reference in the Act: 113(3)

Penalty for individuals

A fine of 60 penalty units maximum*

Exceptions/defences

n/a

Section reference in the Act: 113(2)

Penalty for individuals

A fine of 10 penalty units*

Exceptions/defences

n/a

Full wording of offence

Failing to notify in writing any organisation that engages you in child-related work, of any suspension or dismissal of your job as a police officer under the Victoria Police Act 2013, or Australian Federal Police Act 1979, within 7 days after receiving notice of the suspension or dismissal.

Section reference in the Act: 114 (2) and 115 (2)

Penalty for individuals

A fine of 60 penalty units maximum*

Exceptions/defences

n/a

Section reference in the Act: 142(2)

Penalty for individuals

A fine of 60 penalty units*

Exceptions/defences

You have a reasonable excuse why you did not comply with the request, including if the information would tend to incriminate you.