Individuals who have a current negative notice or interim negative notice are prohibited from engaging in child-related work and are unable to apply for a WWC Check in Western Australia (WA).
Child-related work
Child-related work has a specific definition in the Working with Children (Screening) Act 2004 (the Act).
Work is child-related if the usual duties of the work involve or are likely to involve contact with a child in connection with at least one of the categories of child-related work.
Categories of child-related work
There are 18 categories of child-related work prescribed in the Act available for public use.
A list of the categories can be found in Infographic CRW01 – Categories of child-related work (PDF, 646.57KB) and individual factsheets on our Resources page.
If more than one category of child-related work describes the work an individual does, or they have more than one child-related role then consider the following:
- If an individual has a paid and a volunteer or unpaid role in child-related work, they must select the category of child-related work that applies to their paid employment and apply as a paid employee or self-employed person.
- If an individual has more than one paid, or more than one volunteer or unpaid job in child-related work then the category for which an exemption does not apply is the category they should apply under.
Exemptions
Certain people do not require a WWC Check because they fit within the description of an exemption from child-related work as outlined in the Act and the Working with Children (Screening) Regulations 2005.
There are some general exemptions which apply across all categories of child-related work, while others are specific to a particular category or circumstance.
If an individual’s work is covered by an exemption, then they are ineligible to apply for a WWC Check. However, it is important to consider all the work an individual does when deciding whether they are exempt and do not require a WWC Check.
Exemptions across all categories
- Child volunteers
If the child is undertaking child-related work which is paid, then they will require a WWC Check - Unpaid students on placement under 18 years of age
Applies to work carried out as part of their educational or vocational course of study with an education provider - Short-term visitors to WA
Applies to work carried out by visitors to WA, where the individual is not ordinarily resident in WA and:- only applies during the two-week period after the individual first arrives in WA
- cannot exceed a total of two weeks in any period of 12 months
- cannot be used in conjunction with the one-off national events and national tours exemption. An individual cannot use both exemptions in the same 12-month period.
An individual with a current negative notice, interim negative notice, or an adverse interstate WWC decision is not eligible to access the child volunteer and unpaid students on placement under 18 years of age exemptions. An individual with an adverse interstate WWC decision is also not able to access the short term visitor to WA and one-off national events and national tours exemptions. Refer to Factsheet CRW04: Exemptions, Narrowing of access (PDF, 379.57KB) for more information.
Exemptions for specific circumstances
- Parent volunteer exemption
Refer to Factsheet CRW03: Exemptions, The parent volunteer exemption - One off national events and national tours
Refer to Factsheet CRW02: Exemptions, One-off national events and national tours - Police officers
Only when performing their duties and functions as a member of the WA Police Force, for some categories. Please check the relevant category factsheets on our Resources page - There are specific exemptions relating to categories 4, 5 and 18, which are outlined in the relevant category factsheets on our Resources page
An individual with a current negative notice, interim negative notice, or an adverse interstate WWC decision is not eligible to access the parent volunteer exemption. Refer to Factsheet CRW04: Exemptions, Narrowing of access (PDF, 379.57KB) for more information.
Is a WWC Check required?
A WWC Check is required if an individual has an agreement to work in a role undertaking child-related work, and no exemptions apply.
An agreement to work can be a written or unwritten agreement between an individual and another person or an organisation, to carry out child-related work on a paid, unpaid or volunteer basis.
It can refer to both child-related employment and a child-related business as defined in the Act.
Follow the guide below to determine whether a WWC Check is required.
1. Is there an agreement to work?
If YES, move to Question 2. If NO, a WWC Check is not required.
2. Is it child-related work?
If YES, move to Question 3. If NO, a WWC Check is not required.
3. Does an exemption apply?
If YES, a WWC Check is not required. If NO, a WWC Check is required.
If an individual is not in child-related work or if a relevant exemption applies, then they are not eligible for a WWC Check and other child safety strategies should be used.
If an individual is required to apply for a WWC Check by their organisation but they do not believe they are undertaking child-related work and are therefore ineligible to apply in WA, we recommend discussing the matter with the organisation, and ask them to contact WWCCommunityengagement@communities.wa.gov.au to discuss WWC eligibility.