Implementation status of Working with Children Checks Report recommendations directed at the Victorian Government
Each Australian jurisdiction has its own scheme for conducting background checks for people seeking to engage in child-related work. In this Report, the Royal Commission found that these schemes, commonly known as Working with Children Checks (WWCCs), were inconsistent, complex, and duplicative. It also identified that there was a lack of integration of the schemes, and there was inadequate information sharing and monitoring of WWCC cardholders. The Royal Commission therefore made recommendations to strengthen the WWCC regime in Australia. The following timeline highlights some key initiatives implemented by the Victorian Government to strengthen the WWCC scheme in Victoria.
Figure 5. Timeline of key reforms and activities relevant to the WWCC Report (2015)
November 2016
The Victorian Parliament passed the Working with Children Amendment Act 2016, implementing several recommendations of the Royal Commission, including making it a requirement for kinship carers in child protection to have a WWCC.
September 2019
The Victorian Parliament passed the Children Legislation Amendment Act 2019, limiting the right of appeal to the Victorian Civil and Administrative Tribunal for people refused a WWCC due to charges, convictions and findings of guilt for the most serious offences.
The Victorian Parliament passed amendments to the Education and Training Reform Act 2006 and the Working with Children Act 2005 to better align the registration scheme for teachers and early childhood educators with the WWCC scheme.
October 2020
The Victorian Parliament passed the Worker Screening Act 2020 to enable sharing of negative assessment information between jurisdictions for WWCCs via a shared inter-jurisdictional database.
February 2021
The Worker Screening Act 2020 commenced, replacing the Working with Children Act 2005 and creating a single framework to accommodate both WWCC screening and worker screening for the National Disability Insurance Scheme.
December 2021
The Victorian Government connected to the WWCC National Reference System, a central database, enabling the Victorian Government to refuse an applicant from obtaining a Victorian WWCC if a person has been refused a WWCC interstate.
The Victorian Government continues to strengthen the protection children receive through WWCCs, including reviewing the legislative requirements of the Worker Screening Act 2020.
Many of the recommendations in the Royal Commission’s WWCC Report relate to the implementation of National Standards for WWCCs. The Victorian Government continues to work with the Australian Government and other jurisdictions regarding the implementation of the National Standards. In 2021, the National Cabinet endorsed a national workplan to reduce the burden of overlapping regulation, including an agreement to explore avenues to improve and promote national consistency of WWCCs. This work is occurring under the governance of the National Strategy to Prevent and Respond to Child Sexual Abuse 2021–2030
In 2022, IT system changes enabled Victoria to interact fully with the National Reference System. The National Reference System enables states and territories to share information regarding individuals who are refused a WWCC and now makes it possible for worker screening units to share information about matters that previously would not have been shared through ongoing monitoring. Throughout 2022, Victoria collaborated with interstate worker screening units regarding WWCC applicants and holders who have received exclusions. This initiative aligns with recommendations in the Royal Commission’s WWCCs Report.
More information on the National Standards for WWCCs and the National Reference System can be found in the Australian Government’s Annual Progress Report 2022
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