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Working with Children Check Guidelines

Application

These guidelines apply to all Monash Australia staff and volunteers who undertake ‘child-related work’.

Overview

The Working with Children Act 2005 (Vic) requires that people who work or volunteer in some types of child-related work apply for and pass a Working with Children (WWC) Check.

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.

Monash University has implemented these guidelines to:

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

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.

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. The date by which a person is required to apply for a WWC Check is dependant on the type of child-related work they undertake.

Staff / volunteers should consult the phasing-in schedule to see what date they are required to apply for a WWC Check by.

When is a WWC Check required?

Staff 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.

Staff who are unsure whether or not they are required to have a WWC Check, should contact the Department of Justice Working with Children Check information line on 1300 652 879.
           
Students who are required to undertake a placement in order to meet the program requirements and undertake child-related work as part of the placement, are required to obtain a WWC Check before they begin their placement. Students should contact their course convenor or professional placements office for further information about relevant requirements.

**Work undertaken in connection with a university is not in itself a category of child-related work. However a staff member employed by Monash 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 a staff member employed by Monash 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”.

How is a WWC Check different to a police records check?

The WWC Check is not the same as a standard police records check. A staff member 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 a prospective staff member 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 an applicant’s suitability for dealing with minors; and
  2. the applicant is required to undergo a WWC Check.

Application process

To apply for a WWC Check, a staff member or prospective staff member 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, applicants should ensure theyprovide details of the organisational area and Faculty/ Division they are or will be employed in.

The completed application form, proof of identity documentation, a passport size photo and $70 fee (free for volunteers) should then be taken to a participating Australia Post outlet.

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

An applicant 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 applicant 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 an applicant 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 an applicant receives a Negative Notice they may choose to appeal the decision to the Victorian Civil and Administrative Tribunal.

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 an applicant’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 an applicant’s criminal history or about disciplinary findings.

What if an Interim Negative Notice is received?

Staff / 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 Divisional Director, Human Resources should be notified and will manage the process.

Students who receive an Interim Negative Notice must immediately notify the relevant Head of School.

What if a Negative Notice is received?

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

Students who receive a Negative Notice must immediately notify the relevant Head of School as they will not be able to undertake their placement course. If a student’s application is rejected, the Head of School, in consultation with the relevant Faculty, will provide the student with possible options to complete their program requirements.

Existing staff members undertaking child-related work

For a summary of these procedures please refer to the WWC Check flowchart (PDF)

It is the responsibility of Monash staff and volunteers who undertake child-related work to:

  • apply for a WWC Check by the relevant date and provide a copy of their WWC Check card upon request; and
  • inform the Divisional Director, Human Resources in writing within seven days if they are issued with an Interim Negative Notice or Negative Notice.

Organisational areas who employ staff or engage volunteers who undertake child-related work should:

  • identify whether any of their staff members / volunteers are required to apply for a WWC Check and notify them of the requirement to apply for a Check;
  • record a staff member / volunteer’s Unique Application Receipt number, received when they lodge an application;
  • sight a staff member/ volunteer’s WWC Check card and verify its validity on the Department of Justice webpage;
  • record a staff member / volunteers’ WWC Check Number, which is different from their Application Receipt Number; and
  • send a completed WWC Check form [Word] [PDF] (including a photocopy of the staff member’s Check card) into HR Operations for retention on a staff member/ volunteer’s personnel file.

When recruiting to a position involving child-related work

For a summary of these procedures, please refer to the WWC Check flowchart (PDF)

  • All position descriptions and associated documents describing work in a position likely to involve child-related work must include the following statement:

“Making a job offer or appointment to this position is subject to a passing a Working with Children Check.”

  • Applicants presenting for interview who already possess a WWC Check card should be requested to bring a copy of their Check card with them to the interview.
  • Applicants 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, what the process for applying for a Check is.

Prior to an offer of employment being made, organisational areas should:

Where applicant has WWC Check card:

  • Ask to see a copy of the applicant’s WWC Check card and check its validity on the Department of Justice webpage. This tool will only provide information about the status of a WWC Check and will not contain any personal or identifying information about an individual;
  • Arrange for a WWC Check form [Word] [PDF] to be completed and attach this together with a photocopy of the applicant’s WWC Check card to the Recommendation to Appoint form or Employment of Casual/ Sessional staff form;
  • Upon receipt, the Human Resources Division will send out a letter of appointment to the applicant indicating that the offer of employment is subject to maintaining a valid WWC Check.

Where applicant does not have WWC Check card:

  • Confirm that an applicant has applied for a WWC Check by sighting their Unique Application Receipt;
  • Request that the applicant bring in a copy of their WWC Check card for sighting once received; and
  • Arrange for a WWC Check form to be completed and attach this together with a copy photocopy of the applicant’s WWC Check card to the Recommendation to Appoint form or Employment of Casual/ Sessional staff form.

Wherever possible, an applicant 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, an applicant can commence working provided they have submitted an application for a WWC Check and received a Unique Application Receipt. However confirmation of an offer of employment cannot occur until an applicant’s WWC Check card has been sighted as evidence that they have passed the check. In such cases a copy of the applicant’s Unique Application Receipt should be attached to the Recommendation to Appoint form or Employment of Casual/ Sessional staff form and a copy of the WWC Check card sent to HR Operations once received.

What is the cost of a WWC Check?

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

  • free for volunteers (University students are classed as volunteers); and
  • $70 for paid employees (from 1 July 2007 the fee will increase to $71.70)

Staff who are required to undergo a WWC Check as a condition of their employment are able to receive reimbursement for the cost of the check from their Faculty/ Division.

Related Legislation

Working with Children Act 2005 (Vic)

Related Policies

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

Staff who require further information about these guidelines should contact HR Inquiries on 9902 0400 or Ask.Monash (frequently asked questions and inquiries).

Students who require further information about these guidelines should contact their relevant course convenor or professional placements office.

Appendices

Appendix A -WWC Check flowchart - recruiting staff (PDF)

Appendix B - WWC Check flowchart - existing staff (PDF)

Forms

Working with children check [Word] [PDF]