Human Resources

Working with Children Check Guidelines

Overview

The main purpose of the Working with Children Act 2005 (Vic) is to assist in protecting children from sexual or physical harm by ensuring that people who work with, or care for, them have their suitability to do so checked by a government body.

The WWC Check is administered by the Department of Justice and checks a person's history to make sure they do not have any relevant criminal offences or findings from professional disciplinary bodies (currently the Victorian Institute of Teaching) that may mean they are not suitable to work with children.

La Trobe University has implemented these guidelines to:

• outline a process to be followed for employees (and volunteers) required to undertake a WWC Check; and
• ensure that suitable employees are appointed or promoted to positions involving child-related work.

Phasing-in Schedule

The WWC Check is being phased in from 2006 to 2011 and different child-related occupational fields are being introduced each year. Employees/volunteers should consult the phasing in schedule to see what date they are required to apply for a WWC Check.

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Employees and volunteers

are required to obtain a WWC Check if:

1. their work or volunteer duties involves contact with children in connection with one of the 20 listed child-related occupational fields **
2. they volunteer or do this work on a regular basis;
3. they have direct contact with children under 18 years of age and this contact is not directly supervised; and
4. they do not qualify for an exemption.

Employees who are unsure whether or not they are required to have a WWC Check, should contact Legal Services on extension 2495 or the Department of Justice Working with Children Check information line on 1300 652 879

**Work undertaken in connection with a university is not in itself a category of child-related work. However an employee of La Trobe University may come within one of the other categories of child-related work. For example a lecturer would not need to obtain a WWC Check even though he/she may teach a limited number of students under the age of 18 years, because lecturing is not a category of child-related work. However an employee of La Trobe University whose work involves regular counselling of children would need to obtain a WWC Check as they come within the category of 'counselling or other support services for children'.

The difference between a WWC Check and a police records check -

The WWC Check is not the same as a standard police records check. An employee or volunteer undertaking ‘child-related work' is required to undertake a WWC Check even if they have already undertaken a police records check.

Unlike a police records check the WWC Check is valid for 5 years (unless revoked) and during this time cardholders continue to be checked for new relevant offences or disciplinary findings by professional registration bodies. Not all offences are relevant to the WWC Check. Broadly, the WWC Check considers serious sexual, violent and drug offences.

In the case of an employee or volunteer, the requirement to undergo a police records check would be waived where:

1. the sole reason for requiring the police records check is to ascertain a candidate's suitability for dealing with minors; and
2. the candidate is required to undergo a WWC Check.

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Application process

To apply for a WWC Check, an employee or prospective employee is required to complete a Working with Children (WWC) Check application form. The forms are available online or from participating Australia Post outlets.

Under the section marked Details of Organisation, candidates should ensure they provide details of the Faculty/Divisional Unit they are or will be employed in.

The completed application form, proof of identity documentation , a passport size photo and $71.70 fee (free for volunteers) should then be taken to a participating Australia Post outlet.

Upon lodging an application, a candidate will receive a unique Application Receipt Number from Australia Post. This number is evidence that they have submitted their application.

A candidate who passes the Check will be issued with a WWC Check card, which is valid for 5 years unless revoked by the Department of Justice or surrendered within that time.

Further information about the application process is available on the Department of Justice webpage

Assessment Procedure

Once a WWC Check application has been processed by the Department of Justice, the candidate will be given

• An Assessment Notice , which means they have passed the WWC Check and may undertake 'child-related work', followed by a WWC Check card 2-3 weeks later; or
• An Interim Negative Notice , which means that the department intends to give them a Negative Notice. If a candidate receives an Interim Negative Notice they can make a submission to the department to explain why they believe they should pass the WWC Check; or
• A Negative Notice, which means they have failed the WWC Check and cannot 'undertake ‘child-related work'. If a candidate receives a Negative Notice they may choose to appeal the decision to the Victorian Civil and Administrative Tribunal.

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Who receives the WWC Check results?

The individual who applies for the Check will be sent the results of the check in the mail. The Department of Justice will also send a copy of a candidate's Assessment Notice (or Interim Negative or Negative Notice) to the University (where they are the known employer). The accompanying letter will not include information about a candidate's criminal history or about disciplinary findings.

What if an Interim Negative Notice is received?

Emloyees/ Volunteers who receive an interim Negative Notice will not be permitted to engage in child-related work while their application is being decided and alternative arrangements will be made.  The Director, Human Resources should be notified and will manage the process.

What if a Negative Notice is received?

Employees / volunteers who receive a Negative Notice will not be permitted to engage in child-related work. The Director, Human Resources should be notified and will manage the process.

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Existing employees members undertaking child-related work

It is the responsibility of La Trobe employees and volunteers who undertake child-related work to:

• apply for a WWC Check by the required date and provide a copy of their WWC Check card to Human Resources (the copy of the card should signed and sighted by the employee's supervisor and forwarded to Human Resources or the employee can bring the card to Human Resources to copy and sight) ; and
• inform Human Resources and their supervisor in writing within seven days if they are issued with an Interim Negative Notice or Negative Notice.

Faculty/Divisional Units who employ staff or engage volunteers who undertake child-related work should:

• identify whether any of their employees / volunteers are required to apply for a WWC Check and notify them of the requirement to apply for a Check;
• record an employees / volunteer's Unique Application Receipt number, received when they lodge an application;
• sight an employees/ volunteer's WWC Check card and send a signed, or certified photocopy of the employee's WWC Check card to Human Resources for retention on an employees/ volunteer's personnel file and also recording on the SAP system.

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Recruitment to a position involving child-related work

• Ensure when filling in the Request for Recruitment or the Casual Employment form that you advise Human Resources that a WWC Check is required. This information should also be included in the position description for full-time/part-time employees.
• Candidates are to be advised at the time of interview that:
• appointment to the position is subject to having passed a WWC Check
• if they do not already possess a Check card, the application process for applying for a Check Card

Prior to an offer of employment being made, Faculty/Divisional Unit should:

Where candidate has WWC Check card:

• Ask to see the candidates WWC Check card and check that it is valid. Advise Human Resources of preferred candidate on Selection Committee Report
• Upon receipt, Human Resources will send a letter of appointment to the preferred candidate indicating that the offer of employment is subject to maintaining a valid WWC Check
• It is the candidate's responsibility, if accepting the offer of appointment, to advise the Justice Department of their change in employment. The Change of Personal Details form can be found on the Justice Department website at - http://www.justice.vic.gov.au/wps/wcm/connect/Working+With+Children/Home/Maintaining+Your+Check/WWCC+-+Change+of+Personal+Details+Form+%28PDF%29

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Where candidate does not have WWC Check card:

• Confirm that a candidate has applied for a WWC Check Card by sighting their Unique Application Receipt;
• Human Resources will send a letter of appointment to the preferred candidate indicating that the offer of employment is subject to maintaining a valid WWC Card Check
• Request that the candidate bring in their WWC Check Card for sighting once received;

Wherever possible, a candidate should receive the results of their WWC Check before commencing employment. In cases where a check has not been completed prior to commencement as a result of a delay by the Department of Justice in processing the check, a candidate can commence working provided they have submitted an application for a WWC Check and received a Unique Application Receipt. However the staff member must not perform the duties which involve working with children until they obtain the WWC Check Card.

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Casual Employment

Where it has been identified on a Casual Employment form that a WWC Check is required, Human Resources must be provided with a certified copy of a valid WWC Check Card.

Cost of a WWC Check?

The cost of the WWC Check is different for employees and volunteers. The Check is:

• free for volunteers
• $73.90 for paid employees

Definitions

Child means a person who is under the age of 18 years

Child-related work is work that usually involves (or is likely to involve) regular, direct contact with a child in connection with any of the 20 child-related occupational fields set out in the Working with Children Act 2005

Direct supervision is supervision undertaken by someone who has the role of supervising the child-related work but does not require constant physical presence.

Direct contact is any contact between a person and a child that involves:

(a)  physical contact; or
(b)  face to face oral communication; or
(c)  physically being within eyeshot.  

Direct contact does not include telephone, email or internet contact with a child.

Interim Negative Notice is issued to a person if the Department of Justice intends to give a Negative Notice, but a final decision has not yet been made. The person will be given an opportunity to make a submission and explain why they believe they should pass the WWC Check.

Negative Notice is issued to a person if they do not pass the WWC Check.

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Flowcharts

• Working with Children - Recruiting (PDF 16 kb)
• Working with Children - Existing (PDF 12 kb)

Related Legislation

Working with Children Act 2005 (Vic)

Further Information

Further information is available from the Department of Justice Working with Children webpage or the Working with Children information line on 1300 652 879.

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