Passing a working with children check (‘a check’) is a legal requirement for everyone in Victoria doing paid or voluntary child-related work who does not qualify for an exemption. In broad terms, the ‘child-related work’ to which the check applies is work of a specified kind that usually involves direct contact with a child.

‘Direct contact’ means any contact between a person and a child that involves physical contact, face-to-face contact, contact by post or other written communication, contact by telephone or other oral communication, or contact by email or other electronic communication.

After passing a check, a person receives a working with children (WWC) clearance.

The Working with Children Act 2005 (Vic) was replaced with the Worker Screening Act 2020 (Vic) (‘WS Act’) on 1 February 2021. Under the WS Act, it is an offence to:

engage in child-related work or volunteering without a current WWC clearance (s 121);
apply for child-related work if a person has been given a WWC exclusion (s 122); or
engage a person in child-related work without a WWC clearance (s 123).

These offences have a maximum penalty of two years in jail and/or a fine of up to 240 pu (see ‘A note about penalty units’ in Additional Information).

Generally, it is unlikely that a criminal conviction for a minor offence will automatically be a bar to employment. It should be assessed by the employer and considered according to the individual circumstances of the case and the requirements of the job. Unfortunately, some employers do discriminate against people with criminal records and do not consider them for employment, no matter how minor or old the record is, and regardless of its relevance to the job.

However, it is unlawful to discriminate against a person because of their spent conviction. An employer must not treat an employee or an applicant for a job unfairly or unfavourably because of their spent conviction unless the employer has an exemption. Employers and other agencies also have a duty under the Equal Opportunity Act 2010 (Vic) to take proactive steps to prevent unlawful discrimination from occurring.

If you have been treated unfairly because of a spent conviction in areas of public life, you may have experienced unlawful discrimination. This could include:

being refused accommodation;
not being accepted for a job (and the employer does not have an exemption);
denied a service (e.g. banking and insurance);
treated unfairly at work or at school; or
prevented from joining a club.

If you have been discriminated against because of a spent conviction, you can contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) and/or seek legal advice. The VEOHRC has developed a spent conviction discrimination guideline which provides further information: www.humanrights.vic.gov.au/for-individuals/spent-conviction/. If you wish to make a complaint to the VEOHRC, you should do so within 12 months of the unlawful discrimination occurring.

Some protection is also available under the Australian Human Rights Commission Act 1986 (Cth) (‘AHRC Act’) for people who have been treated unfairly on the basis of having a criminal record. If you think you have been treated unfairly, you may be able to obtain redress and you should seek legal advice.

The AHRC Act prohibits discrimination on the basis of ‘irrelevant criminal record’ (AHRC Act s 3(1); Australian Human Rights Commission Regulations 2019 (Cth) reg 6(a)(iii)). The scope of the prohibition is somewhat broader under the AHRC Act, as ‘irrelevant criminal record’ can include convictions which have not been spent, whereas the Equal Opportunity Act 2010 (Vic) only applies to ‘spent conviction’ related discrimination (s 6(pb)). The Australian Human Rights Commission (AHRC) can investigate discrimination and, where appropriate, try to resolve a discrimination complaint by conciliation. The AHRC can only provide recommendations and does not have the authority to implement or enforce the recommendations, although their recommendations are reported to the federal parliament and are published. Some examples of AHRC reports of inquiries into complaints of discrimination in employment on the basis of criminal record include:

HREOC Report No. 20, Ms Renai Christensen v Adelaide Casino Ltd; and
HREOC Report No. 19, Mr Mark Hall v NSW Thoroughbred Racing Board.

There is no discrimination where a person’s criminal record means that they are unable to perform the inherent requirements of a particular job. The AHRC has published Discrimination in Employment on the Basis of Criminal Record and other useful information, which can be found at www.humanrights.gov.au. The guidelines outline a process to help determine whether a criminal record may interfere with the inherent requirements of a job. See also Chapter 11.1 Discrimination and Human Rights.

Criminal record checks for jobs advertised as ‘public sector positions’ are covered by specific recruitment guidelines. Such guidelines usually say that checks should only be completed for the people who are to be offered jobs. The guidelines suggest that people be given an opportunity to discuss any criminal history, usually with the human resources manager, before a final decision about employment is made.

The public sector agency should consider a number of circumstances, including the age of the prior finding of guilt, your age at the time, the number of convictions, the sentence imposed by the court, evidence of rehabilitation including subsequent work experience, and any extenuating circumstances. The main thing for your potential employer to consider is whether the criminal record is relevant to your employment.

If you are unsure about whether you have to disclose a previous criminal record for a job, you should seek legal advice from a lawyer who practices in employment law (see Chapter 2.3: Legal services that can help).

The checks are conducted by the Working with Children Check Unit of the Victorian Government Department of Justice and Community Safety and involve a national criminal history check and checks of findings from relevant professional bodies.

The checks are subject to ongoing monitoring, so if a person commits an offence after receiving a valid check, it will be revoked and the employer notified. A ‘working with children check’ card is issued once a check has been carried out.

The working with children check is free for volunteers and costs $135.50 for paid workers. Working with children check cards must be renewed every five years. It is free for volunteers to renew their cards, while paid workers must pay $102.50 to renew their cards.

Fees are current at 4 February 2026. For up to date fees see https://service.vic.gov.au/services/working-with-children.

Under the WS Act, only people engaging in ‘child-related work’ must apply for and pass the working with children check. Not everyone whose work brings them into contact with children needs to apply for a check.

You need to apply for and pass the working with children check if:

your work or volunteer role involves contact with children in connection with one of the listed child-related occupational fields (see below); and
you volunteer/do this work on a regular basis; and
you have direct contact with children under 18 years of age (even if directly supervised); and
you do not qualify for an exemption from the need for a check.

The following child-related occupational fields have been established (WS Act s 7):

overnight camps for children;
babysitting or childminding services arranged by a commercial agency;
childcare services including centre-based long-daycare, occasional care, family day care, in-home care, outside school hours care;
child protection services;
children’s services within the meaning of the Children’s Services Act 1996 (Vic);
coaching or tuition services of any kind for children;
commercial entertainment or party services for children;
commercial gymnasium or play facilities for children;
commercial photography services for children;
commercial talent or beauty competitions for children;
counselling or other support services for children;
clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children, or whose membership is mainly comprised of children;
education and care services within the meaning of the Education and Care Services National Law Act 2010 (Vic);
educational institutions;
fostering children;
out-of-home care services, remand centres, youth residential centres, or youth justice centres within the meaning of the Children, Youth and Families Act 2005 (Vic) or probation services under that Act;
student exchange or homestay programs under Part 4.5A of the Education and Training Reform Act 2006 (Vic);
paediatric wards of public or private hospitals;
publicly funded or commercial transport services specifically for children;
refuges or other residential facilities used by children;
religious organisations; and
school crossing services.

Teachers and police officers are exempt from the checking system, as they are already subject to professional checks. Parents who volunteer in activities in which their children participate are also exempt from the checks.

Despite this exemption, some schools adopt policies requiring parents to hold a working with children check to volunteer in such activities.

People who have committed a relevant criminal offence, including child sex offences, or had a relevant disciplinary finding against them, cannot work with children. Not all criminal offences are considered relevant. Broadly, relevant offences are serious sexual, violent or drug offences. The WS Act classifies a range of relevant WWC offences into three categories: A, B and C.

Applicable WWC offences are categorised according to severity with category A offences being the most severe.

A list of relevant offences for each category is available at www.vic.gov.au/working-with-children-check.

Depending on which category of offences you have committed and the outcome of the check, you may receive a ‘WWC clearance’ or a ‘WWC exclusion’ or an ‘interim WWC exclusion’. The ‘interim WWC exclusion’ gives you the opportunity to write to the Working with Children Check Unit and ask them to consider your reasons why you think that you should pass the WWC check.

For more information about working with children checks, visit www.vic.gov.au/working-with-children-check.

Working with children checks

When is a check required?

Discrimination because of a spent conviction

Employment in the public service

What does a check involve?

How much does a check cost?

Who needs to apply?

Who will fail a check?

More information

Employment

What else can be affected by a criminal record?