Employers & Volunteer Coordinators: Your obligations
A person may only apply for a working with children check once they are to be offered child-related work. The person may start work but the WWC application must be made within 5 working days of starting, unless they are in a licensed child care service where they will have to apply immediately upon starting.
Employers and Volunteer Co-ordinators should consider advising the person that permanent or continuous employment in child-related work is dependent on a successful WWC Check.
Following is a summary of the major obligations employers have under the WWC legislation. Please refer to the legislation for information on all the obligations and prohibitions that apply to employers.
You must:
- Keep adequate records that demonstrate you are complying with the WWC legislation and if asked by the WWC Screening Unit must provide this information. For a list of Compliance Audit Questions click here.
- Comply with the WWC legislation.
- Notify the WWC Screening Unit in writing, as soon as practicable, if an employee or volunteer tells you he or she has had a relevant change in criminal record. A relevant change is when a person is charged with or convicted of a Class 1 or Class 2 offence.
You must not :
- Employ someone in child-related work on more than 5 days in a calendar year unless he or she already holds or has applied for a WWC Card by the date required under the phasing-in arrangements.
- Employ someone in child related work in connection with a child care service unless he or she already holds or has applied for a WWC Card by the first day of starting child-related work (subject to the phasing-in arrangements).
- Employ someone in child related work if you are aware he or she has a conviction or pending charge for a Class1 or Class 2 offence and does not have a current WWC Card or hasn’t applied for one.
- Employ someone in child-related work if you are aware they have withdrawn their application for a WWC Check.
- Give information that you know is false or misleading on the application form or directly to the Screening Unit.
- Employ someone in child-related work if you are aware they have a current Interim Negative Notice or Negative Notice. To do so is a criminal offence with a penalty of $60,000 and 5 years imprisonment. It is important this information be treated sensitively. This means advising only those who need to know to ensure that the person does not carry out child-related work.
You will also need to complete the Employer/Agency Representative section [Part 6 and Part 7] of your employee/volunteers WWC application forms.
For more information see page 4 of Factsheet 3a: Employers, Volunteer Organisations & the Self Employed: Checklist and Obligations.