Working with Children Check - Screening process and outcomes

Assessment and reassessment process

After receiving an application or renewal for a WWC Check, the WWC Screening Unit will confirm the application details are correct, and may contact the individual or organisation to confirm:

• the individual’s identity
• the role is child-related work
• information about the organisation

If information requested by the WWC Screening Unit is not received or does not satisfy the request, the application may be deemed withdrawn and a written notice of the withdrawal will be sent to the individual and their organisation. When an individual’s application is withdrawn, they cannot engage in child-related work, unless an exemption applies.

Once the information has been confirmed, the WWC Screening Unit will request the individual’s Nationally Coordinated Criminal History Check from the Australian Criminal Intelligence Commission.

If an individual has:

• a relevant criminal history or disciplinary outcomes, the WWC Screening Unit will assess the available information to determine if the individual poses an unacceptable risk of harm to children
• a pending charge or conviction for a Class 1 offence committed as an adult, they will automatically be issued with a negative notice

Trigger for reassessment

If the WWC Screening Unit receives information about a change in an individual’s criminal history or a reportable conduct finding during the period when they hold a WWC Card, the individual’s suitability to hold a WWC Card may be re-assessed.

Once triggered, the WWC Screening Unit will conduct a reassessment of all relevant information to determine whether the individual poses an unacceptable risk of harm to children.

Relevant information

Once an assessment or reassessment is triggered, all relevant information may be considered and assessed. This can include:

• relevant criminal history information, including spent convictions, juvenile convictions, non-convictions, and pending charges
• conduct outcomes or findings reported by Conduct review authorities through the Reportable conduct scheme
• information from other government departments or professional organisations
• information relating to charges and/or convictions for overseas offences in certain circumstances

Risk considerations

The WWC Screening Unit must consider the following legislated risk considerations when conducting an assessment or reassessment of a person’s relevant criminal history or conduct findings:

• when the offence was committed or alleged to have been committed
• the age of the applicant when the offence was committed or alleged to have been committed
• the nature of the offence and the relevance it has to child-related work
• the effect of future conduct by the applicant in relation to a child
• any information given by the applicant in, or in relation to, the application
• anything else that is reasonably considered relevant to the decision.

The best interests of children is the paramount consideration during an assessment or reassessment.

If the WWC Screening Unit identifies that a person poses an unacceptable risk of harm to children, the person will be issued with a 'Negative Notice'. In certain circumstances, an 'Interim Negative Notice' may be issued.

Assessment notice (WWC Card)

If an individual has no relevant criminal history or reportable conduct outcomes, an assessment notice (WWC Card) will be issued. This allows an individual to carry out child-related work in Western Australia (WA) and the Christmas and Cocos (Keeling) Islands for three years across all categories of child-related work from date of issue until its expiry, unless cancelled sooner under the Working with Children (Screening) Act 2004 (the Act).

When a WWC Card is issued, the individual will receive an email with the WWC Card information and the physical WWC Card will be sent to their nominated postal address. A letter containing a copy of the individual’s WWC Card will also be sent to the nominated organisation representative or notification recipient.

While waiting for the WWC Card to arrive, the individual may provide the WWC Card number to their organisation to enable them to confirm the WWC Card’s validity online.

Lost WWC Card

If a WWC Card is lost, a replacement can be requested online through the individual’s WWC account or by contacting the WWC Screening Unit. A fee of $11.00 will be charged for a replacement WWC Card.

Cancel a WWC Card

An individual can request to cancel their current WWC Card if:

• they no longer engage in child-related work
• they wish to withdraw their ongoing consent and therefore will no longer engage in any child-related-work.

If an individual’s eligibility to hold a current WWC Card is being re-assessed, they cannot apply to cancel their current WWC Card.

To request that a WWC Card be cancelled email the WWC Screening Unit with the following information:

• full name
• date of birth
• address
• phone number
• WWC Card number
• confirmation/declaration that no child-related work is being undertaken
• include the title ‘Cancel a WWC Card’ in the subject line

Once received, the WWC Screening Unit will provide written confirmation of the cancellation to the individual and their organisation.

A negative notice is issued when an individual is assessed to pose an unacceptable risk of harm to children, immediately prohibiting them from engaging in child-related work. A negative notice remains current until cancelled under the Act.

Notification of a negative notice will be provided to the individual and their nominated organisation representative or notification recipient who must take steps to meet their various obligations.

An interim negative notice may be issued in cases when the WWC Screening Unit receives information relevant to the immediate safety of children and prohibits an individual from engaging in child-related work until a final decision is made.

Notification of an interim negative notice will be provided to the individual and their nominated organisation representative or notification recipient who must take steps to ensure that the individual does not engage in child-related work until a final decision is made.

If an assessment indicates an individual should be issued with a negative notice, the WWC Screening Unit will send the individual a written notice of the proposal and provide them the opportunity to make a submission within 28 days. Any submission received will be considered before making a final decision. For information on how to make a submission and what to include, see Factsheet NEG02: Making a submission (PDF, 373.29KB).

If a submission is not provided by the due date, a final decision must be made on the information available to the WWC Screening Unit.

Appeal a negative notice

An individual issued with a negative notice can apply to have the decision reviewed by the State Administrative Tribunal within 28 days of receiving the negative notice.

Cancel a negative notice

An individual may apply directly to the WWC Screening Unit to cancel their negative notice three years after the date it was issued.

A individual may apply to cancel a negative notice earlier if:

• they had a pending Class 1 or Class 2 charge when their negative notice was issued and were later not convicted of the offence
• the negative notice was issued based on a notification by an employer or the Commissioner of Police of a pending Class 3 charge under section 16(1) or 17(1) of the Act and they were later not convicted of that offence
• the negative notice was issued based on conduct review authority information under Section 17A(4) of the Act and the conduct review finding or outcome to which the negative notice relates is subsequently quashed, set aside, withdrawn, or found to be unsubstantiated or incorrect
• a conviction was quashed or set aside on appeal after the negative notice was issued
• they had a conviction for a Class 1 offence which has now been pardoned
• the negative notice was issued under section 18 of the Act
• the negative notice was issued based on wrong or incomplete information

When an individual applies to cancel their negative notice they are consenting to the ongoing collection, use and disclosure of information about themselves.

A fee of $87.00 applies for a cancel negative notice request. Contact the WWC Screening Unit for more information.