Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 (Vic)
Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025
No. 33 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of Worker Screening Act 2020
3Definitions
4WWC category A applications
5WWC category B applications
6WWC category A re‑assessments
7WWC category B re‑assessments
8New sections 87A and 87B inserted
9New Part 3.6 inserted
10Jurisdiction of VCAT—working with children
11Jurisdiction of VCAT—WWC category A
12Engaging in child‑related work without a WWC clearance
13Offence to engage a person who does not have a WWC clearance in child‑related work
14Offence for agency to offer the services of a person who does not have a WWC clearance
15False or misleading information
16Section 129 amended
17Chief Commissioner of Police to notify Secretary of certain matters relating to current applicant or clearance holder
18New Part 9.3 inserted
Part 3—Repeal of this Act
19Repeal of this Act
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Endnotes
1 General information
Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025
No. 33 of 2025
[Assented to 27 August 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to amend the Worker Screening Act 2020—
(a)to prohibit certain persons from engaging in child‑related work pending the outcome of the person's application for a WWC check; and
(b)to require the Secretary to suspend a person's WWC clearance in certain circumstances pending the re‑assessment of the person's eligibility to hold the clearance; and
(c)to confer on the Secretary the power to cancel a person's WWC clearance in certain circumstances; and
(d)to provide that an application for a WWC check or re‑assessment in respect of a person who has been excluded from child‑related work under a corresponding working with children law is WWC category A, irrespective of the circumstances of the exclusion, so that the person is prohibited from engaging in child‑related work in Victoria while excluded in another jurisdiction; and
(e)to increase the time limit for prosecuting offences against that Act of providing false or misleading information.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
PART 2—AMENDMENT OF WORKER SCREENING ACT 2020
3Definitions
In section 3(1) of the Worker Screening Act 2020 insert the following definition—
"relevant offence means—
(a)in relation to an applicant for a WWC check or a person who holds a WWC clearance—
(i)a WWC category A offence or a WWC category B offence; or
(ii)any other offence of a type of which the Secretary has requested to be notified by the Chief Commissioner of Police for the purposes of WWC clearances; and
(b)in relation to an applicant for an NDIS check or a person who holds an NDIS clearance—
(i)an NDIS category A offence or an NDIS category B offence; or
(ii)any other offence of a type of which the Secretary has requested to be notified by the Chief Commissioner of Police for the purposes of NDIS clearances;".
4WWC category A applications
In section 60(1)(e) of the Worker Screening Act 2020 omit "in circumstances equivalent to those set out in paragraph (c) or (d)".
5WWC category B applications
(1)In section 62(1)(c) of the Worker Screening Act 2020, for "child; or" substitute "child.".
(2)Section 62(1)(d) of the Worker Screening Act 2020 is repealed.
6WWC category A re‑assessments
In section 82(1)(e) of the Worker Screening Act 2020 omit "in circumstances equivalent to those set out in paragraph (c) or (d)".
7WWC category B re‑assessments
(1)In section 84(1)(c) of the Worker Screening Act 2020, for "child; or" substitute "child.".
(2)Section 84(1)(d) of the Worker Screening Act 2020 is repealed.
8New sections 87A and 87B inserted
Before section 88 of the Worker Screening Act 2020 insert—
"87A Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings
(1)Despite section 78(3), the Secretary must suspend a person's WWC clearance if—
(a)the Secretary—
(i)is notified by the Chief Commissioner of Police under section 131 that the person has been charged with or been convicted or found guilty of a relevant offence other than an offence specified in clause 2 of Schedule 5; or
(ii)is notified of a relevant disciplinary or regulatory finding being made against the person; and
(b)the Secretary proposes to revoke the person's WWC clearance under this Division.
(2)If a person's WWC clearance is suspended because the Secretary was notified that the person has been charged with a relevant offence other than an offence specified in clause 2 of Schedule 5, the Secretary may reinstate the person's WWC clearance if, after the suspension—
(a)the charge against the person is withdrawn; or
(b)the charge is dismissed by a court; or
(c)the person is acquitted of the offence by a court.
(3)If a person's WWC clearance is suspended because the Secretary was notified of a relevant disciplinary or regulatory finding being made against the person, the Secretary may reinstate the person's WWC clearance if, after the suspension, the finding is expressly or impliedly—
(a)quashed; or
(b)set aside.
(4)If a person's WWC clearance is suspended under this section, the person is taken to not hold a WWC clearance for the period of the suspension.
87BSecretary must notify WWC clearance holder, employer and agency of suspension
(1)If the Secretary suspends a WWC clearance under section 87A, the Secretary must notify the person whose WWC clearance is suspended as soon as possible.
(2)If the Secretary is aware that a person whose WWC clearance is suspended under section 87A—
(a)is, or is proposed to be, engaged in child‑related work by another person; or
(b)is listed with an agency—
the Secretary, if the Secretary is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the suspension.
(3)If the Secretary finally determines not to revoke a WWC clearance that has been suspended under section 87A, the Secretary must give notice in writing of that determination to any person or agency notified of the suspension under subsection (2).".
9New Part 3.6 inserted
After Part 3.5 of the Worker Screening Act 2020 insert—
"PART 3.6—CANCELLATION OF WWC CLEARANCE
93APower to cancel WWC clearance
(1)The Secretary may cancel a person's WWC clearance if—
(a)the person had given information that was false or misleading in a material particular in or in connection with—
(i)the application for the WWC check; or
(ii)re‑assessment of eligibility to hold the WWC clearance; or
(b)the clearance was given on an application for a WWC check that was prohibited by this Act.
(2)A person whose WWC clearance is cancelled ceases to be the holder of a WWC clearance.
(3)If the Secretary cancels a person's WWC clearance, the Secretary must give the person a written notice that—
(a)states the reasons for cancelling the person's WWC clearance; and
(b)in the case of a cancellation under subsection (1)(a), informs the person that the person may apply for a WWC check; and
(c)in the case of a cancellation under subsection (1)(a), explains how an application for a WWC may be made; and
(d)requires the person to surrender the WWC clearance document to the Secretary in the manner specified in the notice and within the period for doing so specified in the notice.
(4)A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice under subsection (3).
Penalty:Level 9 fine (60 penalty units maximum).
(5)If the Secretary is aware that a person whose WWC clearance is cancelled—
(a)is, or is proposed to be, engaged in
child-related work by another person; or
(b)is listed with an agency—
the Secretary, if the Secretary is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the cancellation.".
10Jurisdiction of VCAT—working with children
(1)In section 105(1)(a) and (c) of the Worker Screening Act 2020, for "(a) or (b)" substitute "(a), (b) or (e)".
(2)In section 105(2) of the Worker Screening Act 2020, for "(a) or (b)" substitute "(a), (b) or (e)".
(3)In section 105(3) of the Worker Screening Act 2020, for "(a) or (b)" substitute "(a), (b) or (e)".
11Jurisdiction of VCAT—WWC category A
(1)In section 106(1)(a) of the Worker Screening Act 2020, for "(a) or (b)" substitute "(a), (b) or (e)".
(2)In section 106(1)(b) of the Worker Screening Act 2020, for "(a) or (b)" substitute "(a), (b) or (e)".
12Engaging in child‑related work without a WWC clearance
After section 121(2)(a) of the Worker Screening Act 2020 insert—
"(ab)had applied for a WWC check and the application had not been finally decided or withdrawn and the person had not been given an interim WWC exclusion under section 66; or".
13Offence to engage a person who does not have a WWC clearance in child‑related work
After section 123(2)(a)(ii) of the Worker Screening Act 2020 insert—
"(iia)had been given an interim WWC exclusion under section 66; or".
14Offence for agency to offer the services of a person who does not have a WWC clearance
After section 124(2)(a)(ii) of the Worker Screening Act 2020 insert—
"(iia)had been given an interim WWC exclusion under section 66; or".
15False or misleading information
After section 128(3) of the Worker Screening Act 2020 insert—
"(4)A proceeding for an offence against subsection (1) or (2) may be commenced not later than 5 years and 6 months after the date on which the offence is alleged to have been committed.".
16Section 129 amended
(1)In the heading to section 129 of the Worker Screening Act 2020, for "offenders and serious offenders" substitute "offenders, serious offenders and persons excluded from child‑related work under corresponding working with children law".
(2)In section 129(b) of the Worker Screening Act 2020, for "detention order." substitute "detention order;".
(3)After section 129(b) of the Worker Screening Act 2020 insert—
"(c)in the case of an application for a WWC check, a person who is excluded from child‑related work under a corresponding working with children law.".
17Chief Commissioner of Police to notify Secretary of certain matters relating to current applicant or clearance holder
Section 131(3) of the Worker Screening Act 2020 is repealed.
18New Part 9.3 inserted
After Part 9.2 of the Worker Screening Act 2020 insert—
"PART 9.3—TRANSITIONAL PROVISIONS—WORKER SCREENING AMENDMENT (STRENGTHENING THE WORKING WITH CHILDREN CHECK) ACT 2025
160Definition
In this Part—
commencement day means the day on which the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 comes into operation.
161Power to suspend WWC clearance if intention to revoke WWC clearance related to certain charges etc. or findings
The amendments made to this Act by section 8 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply irrespective of whether—
(a)the WWC clearance was given before, on or after the commencement day; or
(b)the Secretary was notified of the relevant charge, conviction or finding of guilt or relevant disciplinary or regulatory finding before, on or after the commencement day; or
(c)the Secretary proposed to revoke the person's WWC clearance under Division 4 of Part 3.4 before, on or after the commencement day.
162Power to cancel WWC clearance
The amendments made to this Act by section 9 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply irrespective of whether the WWC clearance was given before, on or after the commencement day.
Note
See also section 153.
163Engaging in child‑related work without a WWC clearance
(1)The amendments made to this Act by section 12 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply only to offences alleged to have been committed on or after the commencement of that section.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 12 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025, the offence is alleged to have been committed before that commencement.
164Offence to engage a person who does not have a WWC clearance in child‑related work
(1)The amendments made to this Act by section 13 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply only to offences alleged to have been committed on or after the commencement of that section.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 13 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025, the offence is alleged to have been committed before that commencement.
165Offence for agency to offer the services of a person who does not have a WWC clearance
(1)The amendments made to this Act by section 14 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply only to offences alleged to have been committed on or after the commencement of that section.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 14 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025, the offence is alleged to have been committed before that commencement.
166Giving false or misleading information
The amendments made to this Act by section 15 of the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply irrespective of whether the offence is alleged to have been committed before, on or after the commencement day.
Note
See also section 156.
167Persons excluded from child‑related work under a corresponding working with children law
(1)On and after the commencement day, the Secretary must re‑assess a specified person's eligibility to hold a WWC clearance.
(2)The amendments made to this Act by the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply to a re‑assessment under this section.
(3)In this section—
specified person means a person—
(a)who was given a WWC clearance on a WWC category B application before the commencement day; or
(b)whose WWC clearance was not revoked on a WWC category B re‑assessment before the commencement day.
168Exclusion notices given on WWC category B applications or re‑assessments before the commencement day
(1)A person who, on the commencement day, is subject to a WWC exclusion or an interim WWC exclusion given on a WWC category B application of a kind referred to in section 62(1)(d) (as in force immediately before the commencement day), is taken, on and after that day, to be subject to a WWC exclusion or an interim WWC exclusion (as the case may be) given on a WWC category A application.
(2)A person who, on the commencement day, is subject to a WWC exclusion or an interim WWC exclusion given on a WWC category B re‑assessment of a kind referred to in section 84(1)(d) (as in force immediately before the commencement day), is taken, on and after that day, to be subject to a WWC exclusion or an interim WWC exclusion (as the case may be) given on a WWC category A re‑assessment.
169Pending WWC category B applications and re‑assessments
(1)On and after the commencement day, a specified pending WWC category B application or a specified pending WWC category B re‑assessment is—
(a)taken to be a WWC category A application or WWC category A re‑assessment (as the case may be); and
(b)the amendments made to this Act by the Worker Screening Amendment (Strengthening the Working with Children Check) Act 2025 apply to the determination of the application or re‑assessment.
(2)In this section—
specified pending WWC category B application means a WWC category B application that—
(a)is of a kind referred to in section 62(1)(d) (as in force immediately before the commencement day); and
(b)was made but not finally determined before the commencement day;
specified pending WWC category B re‑assessment means a WWC category B re‑assessment that—
(a)is of a kind referred to in section 84(1)(d) (as in force immediately before the commencement day); and
(b)that was commenced but not finally determined before the commencement day.".
PART 3—REPEAL OF THIS ACT
19Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.
Minister's second reading speech—
Legislative Assembly: 26 August 2025
Legislative Council: 26 August 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Worker Screening Act 2020 in relation to working with children and the time limit for prosecuting certain offences and for other purposes. "
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