How do I notify WWCCV of any child-related work (other than teaching)?

You should submit an online form directly to WWCCV outlining the details of your child-related work.

What does suitable to teach mean?

Suitability to teach means whether the person is fit to teach and whether the person is physically or mentally able to teach.

This includes assessing whether the character, reputation and conduct of the person are such that the person should be allowed to teach in a school and / or early childhood service.

This includes consideration of the person’s criminal history, whether the person has engaged in reportable conduct, whether their right to teach or to be employed as a teacher in Australia, or any other country, has been cancelled or suspended, and whether the person is seriously incompetent in their teaching practice.

It also includes assessing whether the person has a physical or mental impairment, disability, condition or disorder including substance abuse or dependence that substantially detrimentally affects their ability to teach.

What is a category A offence?

Under the Education and Training Reform Act 2006, a category A offence includes (but is not necessarily limited to) the following:

  • sexual offences where the person was an adult and the person against whom the offence was committed was a child;
  • child abuse material offences where the person was an adult;
  • murder or attempted murder;
  • rape or attempted rape;
  • forced marriage involving a person under 18 years of age; and
  • using a carriage service for sexual activity and /or to transmit an indecent communication to a person under the age of 16 years. 

If a person makes an application to VIT for registration / renewal of registration, the VIT must refuse the application if the person has been charged, convicted or found guilty of a category A offence. Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the category A offence.

If the person is a registered teacher, the VIT must

  • suspend their registration if they have been charged with a category A offence; or
  • cancel their registration if they have been convicted or found guilty of a category A offence.

Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the category A offence.

What is a category B offence?

Under the Education and Training Reform Act 2006, a category B offence includes (but it not necessarily limited to) the following:

  • sexual offences (other than rape or attempted rape) where the person against whom the offence was committed was not a child;
  • sexual offences where the person who committed the offence and the person against whom the offence was committed were children;
  • stalking;
  • distributing an intimate image or threating to distribute an intimate image;
  • some violent offences (other than murder and attempted murder); and
  • some drug offences such as trafficking or supplying a drug of dependence to a child.

If a person makes an application to VIT for registration / renewal of registration, VIT must refuse the application if:

  • the person is currently charged with, or has been convicted or found guilty of a category B offence; or 
  • VIT considers that the person poses an unjustifiable risk to children.

Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the category B offence.

If the person is a registered teacher, VIT may suspend all of their registrations if the person has been charged with a category B offence.

Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the category B offence.

What is category C conduct?

Under the Education and Training Reform Act 2006, category C conduct includes (but is not necessarily limited to) the following:

  • convictions or findings of guilt of an indictable offence;
  • non-conviction charge of a category A or B offence;
  • conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer; and
  • conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer) of which VIT becomes aware of under the reportable conduct scheme.

If a person makes an application to VIT for registration / renewal of registration, the VIT may refuse the application if the person has engaged in category C conduct and one of the following applies:

  • the ability of the person to teach in a school / early childhood service is likely to be affected because of the conduct they engaged in; or 
  • it is not in the public interest to allow the person to teach in a school / early childhood service because of the conduct they engaged in.

Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the category C conduct.

What is an indictable offence?

Offences in Victoria are classified as either indictable offences or summary offences.

Indictable offences are more serious offences and include theft, causing injury, drug offences, rape and murder. Indictable offences are usually heard before a judge and jury in the County Court of Victoria or the Supreme Court of Victoria. Some indictable offences may also be heard in the Magistrates’ Court of Victoria.

All offences in the Crimes Act 1958 and the Wrongs Act 1958 are deemed to be indictable offences, unless the relevant legislation indicates otherwise.

All offences in other legislation that are described as being level 1-6 or punishable by level 1-6 imprisonment, fine or both are also presumed to be indictable offences, unless the relevant legislation indicates otherwise.

Summary offences are less serious offences and usually include offences such as disorderly behaviour, some assault offences, some driving offences, and willful damage to property. Summary offences may be heard and determined in the Magistrates’ Court of Victoria.

All offences that do not meet the definition of indictable offences above are presumed to be summary offences, unless the relevant legislation indicates otherwise.

What does ‘committed for trial’ mean?

If an indictable offence must be heard in the County Court of Victoria or the Supreme Court of Victoria, a magistrate in the Magistrates’ Court of Victoria will usually first decide if there is enough evidence for the case to proceed in these higher courts.

The magistrate may conduct a Committal Hearing to make this decision. This is a court hearing where the Magistrate will hear some of evidence and decide if there is enough evidence to support the case. 

If there is insufficient evidence, the Magistrate will dismiss the charges. 

If the Magistrate decides that there is sufficient evidence, the Magistrate will decide that the person is ‘committed for trial.’ This means that the case will be transferred to the County Court of Victoria or the Supreme Court of Victoria to be listed for a trial before a judge and jury to determine whether the person is guilty of some or all of the criminal offences for which they have been charged. 

What is common assault?

Common assault is a criminal offence in the Summary Offences Act 1966. It refers to circumstances where a person unlawfully assaults another person. The maximum penalty is 15 penalty units or imprisonment for 3 months.

What is aggravated assault?

Aggravated assault is a criminal offence in the Summary Offences Act 1966. It refers to any of the following circumstances:

  • where a person has been convicted of assault or battery of a male child whose age does not exceed 14 years;
  • where a person has been convicted of assault or battery of any female;
  • where a person who is in the company of another person(s) and assaults another person;
  • where a person assaults another person by kicking; and
  • where a person assaults another person with any weapon or instrument.

What is a ‘non-conviction charge’?

Non-conviction charge is a term used in the Education and Training Reform Act 2006. It refers to circumstances where the charges against a person for a category A offence or category B offence have been finally dealt with other than by way of a conviction or finding of guilt.

A charge is finally dealt with (other than by way of a conviction or finding of guilt) in the following circumstances:

  • the charge is withdrawn;
  • the person dies without the charge being determined;
  • the charge is dismissed by the court;
  • the person is discharged by a court following a committal hearing;
  • the person is acquitted or found not guilty; or
  • the person is discharged by the Magistrates’ Court of Victoria after completing a diversion program.

What is a negative notice?

A negative notice indicates that a person has made an application to WWCCV and they have been refused a WWC Check. It means that the person is not permitted to engage in child related work.

Further information can be found here.

If a person makes an application for registration / renewal of registration, VIT must refuse the application if the person has received a negative notice. Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the negative notice.

If the person is a registered teacher, VIT must cancel their registration if they have received a negative notice. Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation about the negative notice.

What is an interim negative notice?

An interim negative notice indicates that a person has made an application to WWCCV and a preliminary assessment has been made that the person may be refused a WWC Check. Before making a final decision, WWCCV will issue the person with an interim negative notice and provide the person with an opportunity to provide additional information and documentation before a final decision is made.

Further information can be found here.

If the person is a registered teacher, VIT must suspend their registration if they have received an interim negative notice. Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the interim negative notice.

What is the reportable conduct scheme?

The reportable conduct scheme is established by the Child Wellbeing and Safety Act 2005. The Commission for Children and Young People (CCYP) is responsible for administering the scheme. Under the reportable conduct scheme, the heads of certain organisations must:

  • notify the CCYP within 3 business days of becoming aware of a reportable allegation;
  • investigate the allegation; and
  • update the CCYP with detailed information about the reportable allegation, the investigation, the finding, and any action that has been taken in response to the reportable allegation.

Further information can be found here.

What is a reportable allegation? 

A reportable allegation is an allegation, based on a reasonable belief, that an employee or volunteer has committed reportable conduct or misconduct that may involve reportable conduct. 

A reportable allegation may be made about employees or volunteers who are over 18 years of age and who work or volunteer for organisations covered by the reportable conduct scheme. 

Further information can be found here.

What is reportable conduct?

Reportable conduct is defined in the Child Wellbeing and Safety Act 2005. It means:

  • sexual offences (against, with or in the presence of, a child);
  • sexual misconduct (against, with or in the presence of, a child);
  • physical violence (against, with or in the presence of, a child);
  • behaviour that causes significant emotional or psychological harm; and
  • significant neglect.

Further information can be found here.