The WORKING WITH CHILDREN’S CHECK (more commonly merely referred to as a ‘WWCC’) is a crucial safeguard in Victoria, designed to protect children from harm by ensuring that individuals who work or volunteer with children are thoroughly vetted. However, there are instances where an application for a WWCC may be unfairly refused, or an existing check may be cancelled without proper reasoning.
Understanding the grounds for refusal or cancellation, the process involved, and the options available for review or appeal is essential for anyone affected by such decisions.
A refusal or cancellation of a WWCC can have significant consequences, including employment restrictions, damage to reputation, and other legal obligations. It is crucial for those impacted to understand the rationale behind such determinations and be aware of the appropriate course of action to take thereafter.
Reasons For Refusing Or Cancelling Your Working With Children’s Check
The Department of Justice and Community Safety in Victoria is responsible for administering the WWCC. The decision to refuse or cancel a WWCC is not taken lightly and is based on a thorough assessment of the applicant’s or cardholder’s suitability to work with children and any risks they may pose. Common REASONS FOR REFUSAL OR CANCELLATION include:
CRIMINAL HISTORY
If an individual has a CRIMINAL HISTORY that includes serious offences such as sexual offences, violent crimes, or drug-related offences, their application may be refused, or their existing check may be cancelled. The nature and severity of the offence, the time elapsed since the offence, and the individual’s behaviour since the offence are all considered.
PROFESSIONAL MISCONDUCT
Instances of PROFESSIONAL MISCONDUCT, especially in roles involving children, can lead to refusal or cancellation. This includes disciplinary actions taken by professional bodies or regulatory authorities.
OTHER RELEVANT INFORMATION
Any other RELEVANT INFORMATION that raises concerns about the individual’s suitability to work with children, such as adverse findings in family law proceedings or intervention orders, can also be grounds for refusal or cancellation.
How To Review & Appeal WWCC Refusals & Cancellations
If an individual disagrees with the decision to refuse or cancel their WWCC, they have the option to escalate the matter through REVIEW AND APPEAL, which will follow the process outlined below in accordance with the specific circumstances of that individual’s matter.
STEP 1: Internal Review
The first step is to request an INTERNAL REVIEW by the Department of Justice and Community Safety. This involves submitting a written request outlining the reasons for the review and providing any additional information or evidence that may support the case. The internal review is conducted by a different officer who was not involved in the original decision.
STEP 2: External Review
If the internal review does not result in a favourable outcome, the individual can apply to the Victorian Civil and Administrative Tribunal (or ‘VCAT’) for an external review. VCAT is an independent tribunal that can review the decision and make a determination based on the evidence presented. The application to VCAT must be made within 28 days of receiving the internal review decision.
STEP 3: Judicial Review
In some cases, it may be possible to seek a JUDICIAL REVIEW of the decision in the Supreme Court of Victoria. This is a more complex and costly process, typically reserved for cases where there are significant legal or procedural issues. It is important to note that should you pursue judicial review, the court reviewing the matter will likely be unable to make a ‘fresh’ decision. Rather, if you are successful in the review, they will remit the matter back to the Department of Justice and Community Safety to reassess make a new decision properly..
Preparing For A Review Or Appeal Of A WWCC Refusal Or Cancellation
When preparing for a review or appeal, it is essential to gather and present all relevant information and evidence that supports the case. This may include:
- CHARACTER REFERENCES from employers, colleagues, or community members attesting to the individual’s good character and suitability to work with children;
- PROFESSIONAL REPORTS from psychologists, counsellors, or other professionals that provide insight into the individual’s behaviour and rehabilitation efforts;
- EMPLOYMENT HISTORY, especially roles involving children, to demonstrate the individual’s experience and commitment to child safety;
- A detailed PERSONAL STATEMENT from the individual, explaining the circumstances of any offences or misconduct, the steps taken to address these issues, and their commitment to working safely with children; and
- SUBMISSIONS articulating the circumstances, summarising and referring to the evidence provided, and ultimately explaining why an individual should be successful in their review or appeal.
Contact our team at Sambi Legal today to redeem a free Initial Consult, and discuss how an experienced legal team can support you throughout this process.
