As a Working with Children Check holder, you have certain legal responsibilities under the Worker Screening Act 2020 (the Act) and the Worker Screening Regulations 2021 (the Regulations).
For information on what might happen if you breach the Act or the Regulations, see our offences and penalties page.
How we monitor your Check
We are continually notified about new charges or offences for the lifetime of your Check, which is why it’s important to keep your details up to date.
If we determine that you no longer pass the Working with Children Check, we’ll revoke your Check and you will not legally be able to engage in child-related work. This also applies if you’re charged with or found guilty of an offence against the Act.
If you hand your Check back to us we won’t continue to monitor for any new charges or offences and you won’t legally be able to do child-related work, unless an exemption under the Act applies.
If your circumstances change
You must let us and your organisation/s know in writing within seven days if your circumstances change in any of the following ways:
- you are charged with, convicted, or found guilty of a category A or B sexual, violent or drug offence (as defined in the Act), or the charge has been finally dealt with by a court in some way
- a relevant professional conduct finding is made against you
- you are subject to obligations or orders under:
- Part 3 of the Sex Offenders Registration Act 2004
- the Serious Sex Offenders Monitoring Act 2005
- you become subject to a supervision order, detention order or an emergency detention order.
Renew your Check
It’s illegal to do child-related work after your Check expires unless:
- you’ve lodged your renewal, or
- you now qualify for an exemption (see Exempt from Check).
If you still intend to do child-related work after your Check has expired, you’ll need to start a new application.
Take a new photo
You might need a new photo if you have renewed your Check before, or changed from a Volunteer to an Employee card.
Replace your Check or get a digital card
You can replace a lost, stolen or damaged card online.
There’s an $8.00 fee for replacing an Employee physical card, but replacement Volunteer physical cards are free.
Once you’ve completed the online form and paid the non-refundable fee, we’ll send you your new card in the mail.
Change your name
If you would like your Check changed to your new name, you can do so online.
You will need to have one of these documents:
- Marriage certificate or Change of name certificate issued by a State Registry of Birth, Deaths and Marriages
- Divorce papers linking your previous and new names
- Deed poll
- Foreign marriage certificate (translated into English by an authorised interpreter/translator service).
Update your sex descriptor
If you’d like to have your sex descriptor updated in our records, you can do so by first filling in the Change of Name’ form online.
In addition to the documents required to change your name online (see section above for the list), you will need to send us one of the following documents:
- A statement on letterhead from a registered medical practitioner or registered psychologist certifying your circumstances. For example, intersex, undergoing gender transitioning, indeterminate or gender diverse.
- A certified copy of your birth certificate or recognised details certificate from Births, Deaths and Marriages or any other recognised authority in Australia or overseas.
- A certified copy of your current passport showing your preferred sex descriptor.
If you would like to update your photo, please provide a certified passport photo.
What you need to send us
- The printout from the online Change of Name form
- Your document as chosen from the three options above
- A certified passport photo if you wish to change from your current photo (optional)
Mail to:
Working with Children Check Victoria
Department of Justice and Community Safety
GPO Box 1915
Melbourne VIC 3001
Return your Check
You may need to hand your Check back to us because:
- you’ve stopped doing paid or voluntary child-related work
- you’ve changed your name and have been issued with another valid Check
- the department has revoked your Check and told you to return it.
You don’t need to apply for a new Check if you change organisations. You can add your new organisation by updating your details online.
If you want to cancel your Check, you can do so by:
- signing a statement declaring that you are the holder of the Check and that you want to cancel it, or that you are returning it at the department’s direction.
- including your current address, as the department will let you know in writing when the Check is cancelled
- mailing your physical card and statement to us at:
Working with Children Check Victoria
Department of Justice and Community Safety
GPO Box 1915
Melbourne VIC 3001
We’ll also notify the organisations you’ve listed with us that your card has been cancelled.
If your Check is suspended
While your Check is suspended, you can’t do child-related work.
Your Check will be suspended if you:
- are charged with, convicted, or found guilty of any offence specified in Clause 1 and/or 2 of schedule 5 by virtue of section 79 of the Worker Screening Act 2020, or
- become subject to:
- reporting obligations under Part 3 of the Sex Offenders Registration Act 2004,
- a supervision order, detention order or emergency detention order, or
- you have been excluded from child-related work under a corresponding working with children law.
We'll notify you as soon as possible if your Check is suspended, using the contact details currently listed with us.
Until we complete a reassessment of your case, your Check remains suspended and you can’t do child-related work.
Your Check may be reinstated if a charge against you is withdrawn, dismissed, or you are acquitted by a court.
Updated