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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to provide for screening of persons employed or engaged in risk assessed roles for the purposes of the National Disability Insurance Scheme; and
to assist in protecting children from sexual and physical harm by providing for screening of persons who work with, or care for, children; and
to repeal the Working with Children Act 2005; and
to make consequential amendments to other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 15 September 2021, it comes into operation on that day.
In this Act—
ACC means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;
agency means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring child-related work for persons seeking such work, whether or not the business includes procuring any other kind of work for those persons or other persons;
S. 3(1) def. of approved application form amended by No. 58/2025 s. 125(Sch. 2 item 1.1(a)).
approved application form means an application form for a screening check approved by the Regulator under section 13;
S. 3(1) def. of approved identifying information amended by No. 58/2025 s. 125(Sch. 2 item 1.1(b)).
approved identifying information means identifying information of a kind approved by the Regulator under section 12;
authorised entity, in relation to NDIS worker screening, means—
ACC; or
Victoria Police; or
a law enforcement agency; or
the NDIS Commission; or
the NDIS Commissioner; or
an NDIS worker screening unit;
banning order means an order made under section 73ZN of the NDIS Act;
carnal knowledge offence means an offence specified in clause 1(d)(viii) or (ix) of Schedule 1 to the Sentencing Act 1991;
Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
child means a person under 18 years of age;
child abuse material offence means—
an offence against any of the following provisions of the Crimes Act 1958—
section 51B(1) (involving a child in the production of child abuse material);
section 51C(1) (producing child abuse material);
section 51D(1) (distributing child abuse material);
section 51E(1) (administering a website used to deal with child abuse material);
section 51F(1) (encouraging use of a website to deal with child abuse material);
section 51G(1) (possession of child abuse material);
section 51H(1) (accessing child abuse material);
section 51I(1) (assisting a person to avoid apprehension); or
an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; or
an offence referred to in paragraph (dam), (dama), (dan), (dao), (daoa), (daob), (daq) or (df)(iv), (v), (vi) or (vii) of clause 1 of Schedule 1 to the Sentencing Act 1991; or
an offence against any of the following sections of the Criminal Code of the Commonwealth, repealed by clause 33 of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 of the Commonwealth—
section 474.19 (using a carriage service for child pornography material);
section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service);
child-related work has the meaning given by section 7;
S. 3(1) def. of child safety risk information inserted by No. 58/2025 s. 73.
child safety risk information has the meaning given by section 7A;
clearance means—
an NDIS clearance; or
a WWC clearance;
S. 3(1) def. of community or treatment order amended by No. 34/2020 s. 245.
community or treatment order means—
an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or
an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or
a drug and alcohol treatment order within the meaning of the Sentencing Act 1991; or
a community correction order within the meaning of the Sentencing Act 1991; or
a fine conversion order within the meaning of the Sentencing Act 1991; or
a fine default unpaid community work order within the meaning of the Sentencing Act 1991;
corresponding NDIS worker screening law means a prescribed law of another State or a Territory that provides for screening of persons who are to be employed or engaged in risk assessed roles;
S. 3(1) def. of corresponding reportable conduct law inserted by No. 58/2025 s. 26(a).
corresponding reportable conduct law means a law of another State or a Territory that substantially corresponds to Part 5A of the Child Wellbeing and Safety Act 2005;
S. 3(1) def. of corresponding reportable conduct regulator inserted by No. 58/2025 s. 26(a), amended by No. 58/2025 s. 125(Sch. 2 item 1.1(c)).
corresponding reportable conduct regulator means an entity (however described) that has functions and powers under a corresponding reportable conduct law which substantially correspond to the functions and powers conferred on the Regulator by Part 5A of the Child Wellbeing and Safety Act 2005;
corresponding working with children law means a law of another State or a Territory that provides for screening of persons engaging in child-related work and that substantially corresponds with the relevant provisions of this Act;
S. 3(1) def. of criminal intelligence inserted by No. 58/2025 s. 73.
criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) given to the Regulator by the Chief Commissioner of Police or a law enforcement agency;
detention order means a detention order within the meaning of the Serious Offenders Act 2018 or an interim detention order under that Act;
direct contact, in relation to child-related work, means any contact between a person and a child that involves—
physical contact; or
face to face contact; or
contact by post or other written communication; or
contact by telephone or other oral communication; or
contact by email or other electronic communication;
Disability Worker Registration Board means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;
disciplinary or regulatory entity means a person or body that is prescribed to be a disciplinary or regulatory entity;
S. 3(1) def. of educational institution amended by No. 32/2022 s. 66.
educational institution means—
any Government school or non‑Government school within the meaning of the Education and Training Reform Act 2006; or
any of the following—
a TAFE institute within the meaning of the Education and Training Reform Act 2006;
a dual sector university within the meaning of the Education and Training Reform Act 2006;
a provider of adult, community and further education, within the meaning of the Education and Training Reform Act 2006, that is eligible for funding under that Act;
* * * * *
an education and training organisation registered on the State Register under the Education and Training Reform Act 2006—
to the extent that the college, university, provider, institution or organisation provides a program of study or training primarily for, or directed at, children and that leads to the award of a senior secondary certificate of education that is recognised by the AQF within the meaning of the Education and Training Reform Act 2006; or
any other institution that provides a program of study or training primarily for, or directed at, children—
but does not include—
except to the extent provided by paragraph (b), a university within the meaning of the Education and Training Reform Act 2006; or
except to the extent provided by paragraph (b), a TAFE institute within the meaning of the Education and Training Reform Act 2006—
even if that university, college or institution has a student under 18 years of age;
emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;
excluded from child-related work under a corresponding working with children law, in relation to a person, means—
a person who, under a corresponding working with children law, has been refused a clearance (however described) permitting the person to engage in child-related work; or
a person whose clearance (however described) permitting the person to engage in child-related work has been revoked or cancelled under a corresponding working with children law; or
a person who has been otherwise prohibited from engaging in child‑related work under a corresponding working with children law;
exclusion means—
an NDIS exclusion; or
a WWC exclusion;
S. 3(1) def. of interim bar inserted by No. 58/2025 s. 90.
interim bar means a bar placed on a person under section 71A;
interim exclusion means—
an interim NDIS exclusion; or
an interim WWC exclusion;
S. 3(1) def. of interim NDIS exclusion amended by No. 58/2025 s. 125(Sch. 2 item 1.1(d)).
interim NDIS exclusion means an interim exclusion given by the Regulator under section 29 or 47;
S. 3(1) def. of interim WWC exclusion amended by No. 58/2025 s. 125(Sch. 2 item 1.1(e)).
interim WWC exclusion means an interim exclusion given by the Regulator under section 66 or 88;
interstate NDIS clearance means a clearance (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS clearance;
interstate NDIS exclusion means an exclusion (however described) given to a person under a corresponding NDIS worker screening law that corresponds to an NDIS exclusion;
law enforcement agency means—
the Australian Federal Police; or
the police force of another State or a Territory; or
a prescribed person or body established under a law of the Commonwealth or of another State or a Territory;
minister of religion means—
a person ordained or appointed as a recognised religious leader in an organised religious institution; or
the appointed leader of a local religious congregation in an organised religious institution who has general authority over the operations of that congregation within the institution;
NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;
NDIS category A offence means an offence specified in Schedule 1;
NDIS category B offence means an offence specified in Schedule 3;
NDIS check means the process under Chapter 2 for assessing or re‑assessing whether a person may be employed or engaged in a risk assessed role;
NDIS clearance means an NDIS clearance given to a person under section 31(1), 99(1)(a)(ii) or Part 4.2;
NDIS Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;
NDIS Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;
NDIS exclusion means an exclusion given to a person under section 30, 31(2), 49, 50, 51, 99(1)(a)(i) or (b)(i) or Part 4.2;
NDIS participant means a person who is a participant in the NDIS;
NDIS worker screening database means the NDIS worker screening database established under section 181Y of the NDIS Act;
NDIS Worker Screening Rules means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth;
S. 3(1) def. of NDIS worker screening unit amended by No. 58/2025 s. 125(Sch. 2 item 1.1(f)).
NDIS worker screening unit means an entity that has functions or powers under a corresponding NDIS worker screening law that correspond with the functions or powers of the Regulator under this Act in relation to screening of persons who are to be employed or engaged in risk assessed roles;
officer—
in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;
parent, in relation to a child, has the same meaning as in the Children, Youth and Families Act 2005 but does not include a foster carer;
S. 3(1) def. of police custody officer inserted by No. 2/2024 s. 61.
police custody officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of police custody officer supervisor inserted by No. 2/2024 s. 61.
police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;
police officer has the same meaning as in the Victoria Police Act 2013;
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of Regulator inserted by No. 58/2025 s. 115.
Regulator has the same meaning as it has in the Social Services Regulation Act 2021;
S. 3(1) def. of relevant disciplinary or regulatory finding amended by No. 58/2025 ss 26(b), 125(Sch. 2 item 1.1(g)).
relevant disciplinary or regulatory finding means—
a determination by VCAT under section 77(4)(g) or (h) or 77(5)(e) or (f) of the Health Professions Registration Act 2005 as in force immediately before its repeal; or
a determination under section 196(2)(d) or (e) or 197(2)(b) of the Health Practitioner Regulation National Law by VCAT or another responsible tribunal within the meaning of that Law; or
a finding of reportable conduct made under a corresponding reportable conduct law by a corresponding reportable conduct regulator or another entity responsible for investigating reportable allegations under that law; or
a finding of a prescribed kind made by or on behalf of, or referred to the Regulator by, a disciplinary or regulatory entity;
S. 3(1) def. of relevant offence inserted by No. 33/2025 s. 3, amended by No. 58/2025 s. 125(Sch. 2 item 1.1(h)).
relevant offence means—
in relation to an applicant for a WWC check or a person who holds a WWC clearance—
a WWC category A offence or a WWC category B offence; or
any other offence of a type of which the Regulator has requested to be notified by the Chief Commissioner of Police for the purposes of WWC clearances; and
in relation to an applicant for an NDIS check or a person who holds an NDIS clearance—
an NDIS category A offence or an NDIS category B offence; or
any other offence of a type of which the Regulator has requested to be notified by the Chief Commissioner of Police for the purposes of NDIS clearances;
risk assessed role has the same meaning as it has in the NDIS Worker Screening Rules;
screening check means—
an NDIS check; or
a WWC check;
S. 3(1) def. of Secretary repealed by No. 58/2025 s. 125(Sch. 2 item 1.2).
* * * * *
supervision order means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;
Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;
Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;
vulnerable person, in relation to an NDIS check, means an adult, who as a result of age, illness or disability is unable to take care of themselves or protect themselves from harm;
work, in relation to child-related work, means—
work engaged in—
under a contract of employment or a contract for services (whether written or unwritten); or
as a minister of religion or as part of the duties of a religious vocation; or
as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or
practical training undertaken as part of an educational or vocational course other than under an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006; or
work engaged in as a volunteer, including engaging in unpaid community work under a community or treatment order—
but does not include unpaid work engaged in for a private or domestic purpose;
S. 3(1) def. of working with children screening unit amended by No. 58/2025 s. 125(Sch. 2 item 1.1(i)).
working with children screening unit means an entity that has functions or powers under a corresponding working with children law that correspond with the functions or powers of the Regulator under this Act in relation to screening of persons who are to be employed or engaged in child-related work;
WWC category A offence means an offence specified in Schedule 2;
WWC category B offence means an offence specified in Schedule 4;
WWC check means the process under Chapter 3 for assessing or re‑assessing whether a person may engage in child-related work;
WWC clearance means a WWC clearance given to a person under section 68(1) or Part 4.3;
WWC exclusion means an exclusion given to a person under section 68(2), 89, 90, 91 or Part 4.3.
For the purposes of this Act, a person is listed with an agency if the person has entered into an agreement with the agency for the agency to procure for that person child-related work, whether or not the agreement extends to any other kind of work.
For the purposes of this Act, a person does not cease to be a volunteer merely because the person has all or any of the person's out-of-pocket expenses reimbursed.
For the purposes of this Act, a reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following—
a court making a formal finding of guilt in relation to the offence;
a court accepting a plea of guilty from the person in relation to the offence;
a court accepting an admission made under and for the purposes of section 100 of the Sentencing Act 1991, or under equivalent provisions of the laws of a jurisdiction other than Victoria;
a finding in relation to the offence under section 17(1)(b) or (c) or 38X(1)(b) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or under section 17(1)(c) or 38X(1)(c) of that Act in relation to an offence available as an alternative or a finding under that Act of not guilty because of mental impairment, or a finding under equivalent provisions of the laws of a jurisdiction other than Victoria;
a verdict of not guilty on account of insanity before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation in relation to the offence returned under—
section 420 of the Crimes Act 1958 (as then in force); or
an equivalent provision of the laws of a jurisdiction other than Victoria.
A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.
For the purposes of this Act, a person is taken to have been charged with an offence if—
an indictment has been filed for the offence; or
a charge-sheet charging the offence has been filed against the person, whether or not one of the following has been issued or served—
a summons to answer to the charge;
a warrant to arrest the person.
For the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with, including in any of the following ways—
the charge is withdrawn or the person dies without the charge having been determined;
the charge is dismissed by a court;
S. 6(1)(c) amended by No. 5/2025 s. 48.
the person is discharged by a court following a committal proceeding;
the person is acquitted or found guilty of the offence by a court;
the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the Criminal Procedure Act 2009;
the person is discharged by the Children's Court after completing a diversion program under section 356D of the Children, Youth and Families Act 2005.
A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.
Subject to subsection (2), in this Act, child-related work means work—
at or for a service, body or place, or that involves an activity, specified in subsection (3); and
that usually involves direct contact with a child.
For the purposes of this Act, work is not child‑related work by reason only of occasional direct contact with children that is incidental to the work.
For the purposes of subsection (1)(a), the following services, bodies, places or activities are specified—
child protection services;
children's services within the meaning of the Children's Services Act 1996;
education and care services within the meaning of the Education and Care Services National Law (Victoria);
educational institutions;
out of home care services, remand centres, youth residential centres or youth justice centres within the meaning of the Children, Youth and Families Act 2005 or probation services under that Act;
refuges or other residential facilities used by children;
accommodation services specifically provided for students in connection with the operation of a student exchange program under Part 4.5A of the Education and Training Reform Act 2006, including the provision by a person of accommodation in the person's home;
paediatric wards of public hospitals within the meaning of the Health Services Act 1988 or of denominational or private hospitals within the meaning of that Act;
clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;
religious organisations;
baby sitting or child minding services arranged by a commercial agency;
fostering children;
providing, on a publicly-funded or commercial basis, a transport service specifically for children;
coaching or tuition services of any kind specifically for children;
counselling or other support services for children;
overnight camps for children regardless of the type of accommodation or of how many children are involved;
school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;
providing, on a commercial basis and not merely incidentally to or in support of other business activities—
entertainment or party services specifically for children; or
gym or play facilities specifically for children; or
photography services specifically for children; or
talent or beauty competitions for children;
providing, on a publicly-funded or commercial basis, an in home care service for children.
Subject to subsection (5) but despite any other provision of this section, for the purposes of this Act, work engaged in as a minister of religion is child-related work unless any direct contact with children during the work engaged in as a minister of religion is only occasional direct contact that is incidental to that work.
Despite any other provision of this section, if a minister of religion is the appointed leader of a local religious congregation in an organised religious institution and the congregation contains any children, work engaged in as a minister of religion is child-related work.
Despite any other provision of this section, a person is engaged in child-related work if—
the person is a family member or other person of significance to a child other than a parent; and
the child is placed in the out of home care of that person under the Children, Youth and Families Act 2005.
For the purposes of this Act, a person is engaged in child-related work if the person is employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.
For the purposes of this Act, a person is not engaged in child-related work merely because the person—
is participating in an activity with a child on the same basis as the child; or
Example
An adult playing in a cricket team whether on a professional or amateur basis alongside a child is not engaging in child-related work.
is supervising a child undertaking practical training as part of an arrangement or agreement under Part 5.4 of the Education and Training Reform Act 2006.
In this section—
out of home care means care of a child by a person other than a parent of the child.
Note
Section 19A of the Child Employment Act 2003 extends the application of this Act to the supervision of a child in employment that requires a permit under that Act as if the supervision were child-related work under this Act.
S. 7A inserted by No. 58/2025 s. 89.
In this Act—
child safety risk information means any information that is relevant to assessing a risk to the safety of a child but does not include a relevant disciplinary or regulatory finding.
Without limiting subsection (1), information that is relevant to assessing a risk to the safety of a child includes the following—
reportable allegations within the meaning of the Child Wellbeing and Safety Act 2005;
criminal intelligence;
child protection information, including child protection reports.
This Act binds the Crown—
in right of the State of Victoria; and
to the extent that the legislative power of the Parliament permits, in all its other capacities.
To avoid doubt, the Crown is a body corporate for the purposes of this Act and the Regulations.
Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number of this Act.
Part 1.2—Paramount considerations
S. 10 amended by No. 58/2025 s. 125(Sch. 2 item 1.3).
When the Regulator or VCAT makes a decision or takes an action under this Act in relation to an applicant for an NDIS check or a holder of an NDIS clearance, the health, safety and well-being of persons with a disability and in particular, the protection of persons with a disability from abuse, violence, neglect and exploitation must be the paramount consideration.
S. 11 amended by No. 58/2025 ss 95, 116, 125(Sch. 2 item 1.4).
When the Regulator makes a decision or takes an action under this Act in relation to an applicant for a WWC check or the holder of a WWC clearance, the best interests and the safety, welfare and wellbeing of children must be the paramount consideration.
Part 1.3—General provisions relating to applications for screening checks
S. 12 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.5).
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