Disability Worker Screening In Australia

 

Under the Worker Screening Act 2020 and the Child Protection (Working with Children) Act 2012 in Australia, individuals engaged in child-related work are required to obtain a Working with Children Check (WWCC) if their work involves direct or indirect contact with children [[1](Working with Children Check: Valid for? 5 years: Who is required to obtain a check? All individuals engaged in child-related work)]. It is illegal to engage anyone who is 18 years or older in child-related work without a current WWCC, and obtaining one for a false declaration is also illegal [[1](Not everyone who has contact with children needs a Working with Children Check)]. However, not all individuals who have contact with children need to obtain a WWCC, only those who are doing child-related work and are not otherwise exempt under the Act [[1](Not everyone who has contact with children needs a Working with Children Check)]. In addition to the legal requirements, organizations may also have their own child safety policies [[1](Not everyone who has contact with children needs a Working with Children Check)].

The penalties for making a false declaration and for the employer endorsing the application may vary depending on the jurisdiction in Australia. However, it is generally considered a criminal offence and may result in fines or imprisonment. The penalties and legislative references for each jurisdiction can be found in the following table:

Jurisdiction

Penalties

Legislative Reference

Victoria

Fine up to 120 penalty units or imprisonment up to 2 years

Child Wellbeing and Safety Act 2005

New South Wales

Fine up to $11,000 or imprisonment up to 5 years

Child Protection (Working with Children) Act 2012

Queensland

Fine up to $22,019 or imprisonment up to 3 years

Working with Children (Risk Management and Screening) Act 2000

Western Australia

Fine up to $50,000 or imprisonment up to 5 years

Working with Children (Criminal Record Checking) Act 2004

South Australia

Fine up to $10,000 or imprisonment up to 2 years

Child Safety (Prohibited Persons) Act 2016

Tasmania

Fine up to $12,000 or imprisonment up to 12 months

Children, Young Persons and Their Families Act 1997

Northern Territory

Fine up to $10,000 or imprisonment up to 2 years

Care and Protection of Children Act

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