Checking the score: Working with Children’s Checks and Sporting Clubs

Sporting clubs and incorporated associations need to make sure that paid workers and volunteers who engage in “child-related” work have a valid Working with Children Check (WWCC). 

What is a WWCC?

A WWCC is a formal appraisal of an individual’s national criminal record, and in some cases, a review of any records concerning past professional misconduct. A WWCC is conducted by the Department of Justice and Regulation.

The Working with Children Act 2005 (Vic) established WWCCs as a means of preventing people who pose an unjustified risk to children from working or caring for them.  If your club provides services or activities for (or aimed at) children, then the Act may apply to you. 

Consider the following in relation to your sporting club: 

Do any exemptions apply?

Workers or volunteers who are under the age of 18 do not require a WWCC. Parents with children who regularly participate in club activities are also generally exempt, even if their child does not attend every training session or sporting match.  

If you remain unsure whether a WWCC is necessary for a certain club member, an online interactive tool is available to help you determine whether a check is needed.

How is a WWCC different from a Police Check? 

Individuals who are working with or caring for children must have a WWCC even if they already have a Police Check.  

A WWCC is specifically conducted by a government organisation to determine whether a person poses a risk to the safety of children, focusing upon sexual, violent and drug offences. 

In contrast, a Police Check is only a list of convictions (findings of guilt) disclosed from a person’s national criminal record. A Police Check may be relevant when considering whether or not a person is suitable for a particular role at your sporting club, however, it does not serve to replace a WWCC. 

If you would like more information or if you would like us to assist you in reviewing your club’s policies, please contact:

Ashleigh Wall
Special Counsel
T 03 5226 8559
E awall@ha.legal

or

Jesse Drever
Lawyer
T 03 5225 5226
E jdrever@ha.legal

This article has been prepared with the assistance of Stephen Kirby

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