Changes to legislation
Amendments to the Working with Children Act 2005 (the Act) will come into effect on 1 August 2017
The Royal Commission into Institutional Responses to Child Sexual Abuse made several recommendations aimed at strengthening the protection children receive through Working with Children Checks. The following amendments to the Act implement these recommendations:
- Expand the definition of ‘direct contact’ in the Act. The definition of direct contact now includes oral, written or electronic communication as well as face-to-face and physical contact.
- Remove references to ‘supervision’ from the Act. This means that even if a person’s contact with children as part of their child-related work is supervised by another person, they will still need to apply for a Working with Children Check (Check).
- Create a new occupational category of ‘child-related work’, known as ‘kinship care’. Family members or other persons of significance caring for a child placed by Child Protection under the Children, Youth and Families Act 2005 are required to obtain a Check.
- Ensure that non-conviction charges (charges that have been finally dealt with other than by a conviction or finding of guilt) for serious sexual, violent or drug offences are considered as part of Check assessments and re-assessments.
- Enable the Secretary to the Department of Justice and Regulation to compel the production of certain information for the purposes of compliance monitoring.
In addition, various other miscellaneous and technical amendments have been made to improve the Act’s operation and administration.
It’s FREE for volunteers, so even if you’re not sure, register now to be covered if you have any contact with Children at the club > Make sure you select North Shore Football & Netball Club as your home club.
Who needs to have the Working With Children Check?
- Overnight camps for children
- Child care services, including centre-based long day care, family day care, in-home care, occasional care and outside school hours care
- Supervision of child employees
- Commercial baby sitting or child minding services
- Child protection services
- Children’s services under the Children’s Services Act 1996 and education and care services within the meaning of the Education and Care Services National Law (Victoria) including kindergartens or preschools
- Sporting, recreational or cultural clubs, associations or movements
- Coaching or tuition services specifically for children
- Counselling or support services for children
- Educational institutions providing a program of study or training for children including TAFEs and universities that provide secondary educational services
- Commercial entertainment or party services for children that are not merely incidental to other business activities
- Fostering children
- Commercial gym or play facilities for children that are not merely incidental to other business activities
- Out of home care services
- Paediatric wards
- Commercial photography services specifically for children that are not merely incidental to other business activities
- Refuges or other residential services used by children
- *Religious organisations. *If you work as a minister of religion please do not continue answering any more questions but read the special legal obligations you have under Ministers of religion and child-related work in Who needs a Check
- School crossing service
- Accommodation services specifically provided for overseas students as part of a student exchange program under Part 4.5A of the Education and Training Reform Act 2006, including accommodation in the person’s home such as a homestay arrangement
- Commercial talent or beauty competitions for children that are not merely incidental to other business activities
- Commercial or publicly funded transport services specifically for children
- Youth remand, residential, or justice centres, supervision units and probation services within the meaning of the Children, Youth and Families Act 2005
- Kinship care – caring for a child placed by Child Protection under the Children, Youth and Families Act 2005