Information and Instructions

• Overview
• WWC Checks for carers and adult household members
• Carer application for a WWC Card
• Individuals with existing WWC Cards
• Monitoring and renewing WWC Cards
• Working with Children (Screening) Act 2022
• Interstate considerations
• Contact with the Department's Screening Unit

Overview

The Working with Children Screening Unit administers the Working with Children (Screening) Act 2004 (WWC Act).  


The WWC Check is a compulsory criminal record check required for people who work with children under the age of 18 years in Western Australia (WA).  This includes self-employed people, paid employees, employers/organisations, volunteers and unpaid people. Refer to the following resources on the WWC website:     

• What is 'Child-Related' Work?
• Information for Employers and Volunteer Organisations
• Information for Employees and Volunteers

A WWC Card must be renewed every three years.  Information about the application and renewal process can be found at on the Applicants and Card Holders page. The following flowcharts detail the application and monitoring processes for carers (see related resources):

• WWC Card - Application and Renewal Process for Carers
• WWC Card - Monitoring Process for Carer Card Validity

If a proposed carer applying for a WWC Card does not have sufficient identity documents or cannot attend an authorised Australia Post outlet as they live in a rural or remote location (for example, a remote Aboriginal community), the carer must contact the WWC Screening Unit to make special arrangements. If required, CPWs should support the applicant to obtain proof of identity documents needed to lodge the application.

WWC Checks can only be undertaken for people in child-related work. If a carer has a pending application for a WWC Check and a decision is made that a care arrangement is no longer needed (the carer is not assessed as suitable or that the carer is to be withdrawn), you must advise the Screening Unit that the application is no longer required. The Screening Unit notifies the WWC Screening Unit. This notification enables the WWC Screening Unit to cease the screening process if the person is not doing any other type of child-related work.

Under the WWC Act, WWC Cards are valid for three years and portable across all types of child-related work unless there is a new charge or conviction that requires re-assessment of the person's eligibility to hold the WWC Card.

Where the Department provides funding for an out-of-home care service, the funding agreement must stipulate compliance with the WWC Act.  The Department must be satisfied of compliance with the WWC Act and other contracted requirements.

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WWC Checks for carers and adult household members

All carers, their spouses and defacto partners require the same level of WWC Check screening, as they are all involved in child-related work as defined under s.6(1)(a)(vi) of the WWC Act.

A person cannot be approved as a carer until they have a WWC Card or provide a receipt from Australia Post as proof of lodgement for a WWC Check. All carers, their spouses and defacto partners are considered to be undertaking child-related work and must apply for a WWC Card. Single carers whose circumstances change (e.g. a new partner moves into their home) must advise the Department of the changes as soon as possible. Their new partner must apply for a WWC Card, and complete Form 395 Record Check Consent for criminal and Client and Child Protection Checks to be conducted by the Department's Screening Unit.

Failure by carers to obtain a WWC Card (or to have a pending application) is a breach of the WWC Act. There is a penalty of up to $60,000 and 5 years imprisonment for both the employer and the carer (the Department is considered as 'employing' carers in child-related work).

Adult household members

It is assumed that all adult household members will provide some care or undertake activities with the foster child. They are therefore considered under the WWC Act to be 'employed' by the Department in child-related work and will require a WWC Check.  Examples include looking after the child while the carer is away, transporting the child to school or activities, or assisting the child with activities.

As part of the carer assessment and care arrangement supervision process, the 'duties' of adult household members (what they will be doing with the child) must be clarified. You must explore adult household members' proposed involvement in providing care for the child. If they will not be providing any care, supervision or support to the child (e.g. they have a disability and require a full-time carer,are elderly and unable to provide supervision to a child), you must record this in the assessment. If this changes and the adult household member does look after or undertake activities with the child, they must make an application for a WWC Check.

In the exceptional circumstance where an adult household member will not be caring for, supervising or undertaking other activities with the child and do not require a WWC Check, that person must still have criminal and Client and Child Protection checks through Department's Screening Unit.

Carers must advise you when a child living in their household turns 18 years of age and becomes an adult household member. The child (now an adult) must apply for a WWC Check.

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Carer application for a WWC Card

An Application for a Working with Children Check form (available from Australia Post outlets must be lodged by anyone being assessed to become a carer, after the assessor is confident they will be recommending the applicant to be approved and before a child is placed.

The only exception is where a child is in an interim placement. In this instance, Form 562 - Statutory Declaration and Form 395 – Record Check Consent Form must be completed and signed by the family member and all adults in the household before the interim placement commences. Subsequently, the carer must apply for a WWC Card within five days of the child being placed in their care. In an interim placement, if the family member and other adult household members have not applied for a WWC Card within five days, the child must be removed and the subsidy must cease (see flowcharts in related resources).

A Department worker must complete Part 6 and 7 of the Application for a Working with Children Check form. The Department Screening Unit contact details must be inserted in Part 6 for the Screening Unit to receive the WWC notification letter when a WWC Card has been issued or denied (see Example WWCC Application Form' in related resources). Adult household members should note their role as 'Carer Household member' on the application form.

You (or assessor) must request a copy of the Australia Post WWC application receipt from the applicant to confirm that the application has been lodged. The receipt is usually from Australia Post but may be from the WWC Screening Unit where a person has not been able to attend an Australia Post outlet.

You must update Assist with the WWC Check receipt number and date of lodgement. The receipt must be forwarded to the business manager to arrange reimbursement of the cost to the applicant and for scanning onto Objective.  Although this is the preferred method, where it is not possible for an applicant to attend the district office to provide a copy of the receipt in a timely manner (such as rural and remote locations), the applicant can telephone the district office and advise you of the WWC application receipt number. In this instance, the applicant must post a copy of the receipt to you at the district office, or give a copy to a remote CPW, who will forward it to the business manager for reimbursement of the cost.

When the WWC Card is issued to the applicant,  the Department's Screening Unit is sent the WWC notification letter, which includes a picture of the issued card. The Screening Unit enters the WWC Card information into Assist on behalf of the district and retains the notification letter.

Under the WWC legislation, the WWC Card is valid for three years and portable across all types of child-related work unless there is a new charge or conviction that requires re-assessment of the person's eligibility to hold the WWC Card.

For further details regarding the application process, refer to the flowcharts in related resources

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Individuals with existing WWC Cards

If the applicant already has a WWC Card because of other child-related work, you must:

• check that the WWC Card is valid through the WWC website https://workingwithchildren.wa.gov.au/
• register the person's employment details on the WWC website to show they are now 'employed' by the Department (click here to update details)  
• record the WWC Card number, issue and expiry date on Assist and on the person's Form 395 Record Check Consent Form 
• check that the name and date of birth are consistent with records on Assist, and 
• check that Form 395 is completed and sent to the Department's Screening Unit.

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Monitoring and renewing WWC Cards

The WWC information system automatically generates a WWC Expiry Notice and sends it to the carer and household member three months before their WWC Card expires. The notice is sent to the address last recorded by the WWC Screening Unit.

District offices monitor the status of carers' and adult household members' WWC Cards through the Critical Management Report (CMR) WWC Check – Carer Compliance Report in Assist on a regular basis and remind carers in their district to apply for renewal prior to expiry of their WWC Card.

Refer to the flow chart Working with Children Card – Monitor for carer validity in related resources. 

To reapply for a WWC Card that is close to expiring:

• Carers must complete and submit an:

• online renewal form – refer to the Renew my Card Online or
• Application for a Working with Children Check form and lodge it at an authorised Australia Post outlet with the required 100 points of identification. Identification requirements are listed in the Example Application Form (in related resources), and information where a shortened identification process is possible is included in the notice of expiry.

• A Department worker must complete Part 6 and 7 of the application form. The contact details of the Department's Screening Unit must be noted in Part 6 of the application form so that they receive the notification letter when a WWC Card has been issued or denied. Please refer to the Example WWC Application Form (in related resources).

• A Department worker must request a copy of the Australia Post or WWC Screening Unit receipt from the applicant to confirm the application has been lodged.

• The worker must update Assist with the WWC application receipt number and date of lodgement, and forward the receipt to the business manager to arrange reimbursement of cost to the carer and to scan into Objective.  Although this is the preferred method, where it is not possible for the carer to attend the district office to lodge a copy of the receipt in a timely manner (such as rural and remote locations), the carer can telephone the district office and advise the CPW of the WWC application receipt number. The carer must also post a copy of the receipt to the CPW at the district office, or give a copy to a remote CPW, who will forward to the business manager for reimbursement of the cost.

One month before expiry

If a carer has not applied for a new WWC Card you  must contact them one month before the date of expiry of their card. You should assist the carer as much as possible to either renew online or to apply themselves in person at an authorised Australia Post outlet. You must be advise the carer to contact their district office if they:

• already have a renewed card
• have lodged an application, or
• require any further assistance with the renewal process.

10 days before expiry

If carers have still not applied for a new WWC Card send the following to them by registered mail:

• Form 504 Working with Children Card Final Notice,
• Application for a Working with Children Check, and the
• Working with Children Check Frequently Asked Questions for Department Carers (all in related resources).

The letter advises the carer they have until the expiry date of the WWC Card to apply, or the child will be removed and the subsidy will cease.

The registered mail lodgement receipt has a tracking number to confirm delivery of the letter.  Save the lodgement receipt for the letter to the Carer file to facilitate tracking and auditing of this process.  

Expiry of WWC Card

If the carer has not applied to renew their WWC Card by the expiry date of their current WWC Card, you must:

1. remove the child and cease the subsidy.
2. place an alert on Assist (with district director approval), and
3. send Form 505 Working with Children Card Cessation Notice (in related resources) to the carer via registered mail. The letter states no child will be placed with them until they have a valid WWC Card.
4. save the registered mail lodgement receipt for the letter to the Carer file. 

For further details regarding the renewal process, refer to the flowcharts in related resources.

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Working with Children (Screening) Act 2022

​Amendments were made to the the WWC Act that took effect on 1 July 2023. 


As a result to the legislative changes, some offences changed from Class 3 to Class 2 offences, and some changed from Class 2 to Class 1 offences. This means that criminal records are assessed differently under the new legislation and may result in a Negative Notice or Interim Negative Notice for people who previously held a WWC Card. 


The transitional provisions in Act mean that WWC card holders remain subject to the old offence categorisations for the duration of their WWC card. Once that card ceases to have effect, or an application for a further card is made, the person will be subject to the new offence provisions. If an assessment is commenced for a new card, or a re-assessment occurs due to some other trigger, the new offence provisions apply.


This means that over time, some individuals currently in possession of a WWC card may receive a Negative Notice or Interim Negative Notice when they reapply for a WWC card in the future. Carers will be advised by the WWC Unit 3 months prior to their current WWC card expiry date that their card is due for renewal, and the Screening Unit will also commence follow ups with Districts.


An Interim Negative Notice prohibits a WWC applicant or cardholder from engaging in child-related work during an assessment or reassessment until a final decision is made. If Districts become aware a carer will be issued or has already been issued a Negative Notice or Interim Negative Notice, planning must commence immediately to ensure the safety of any children in the placement.


If a carer has advised workers they may be issued a Negative Notice or Interim Negative Notice when they apply to renew their WWC card (but have not yet been issued the notice) planning should include exploring alternative placements. It is not necessary to immediately move the child from the placement. 


If a carer receives a Negative Notice or Interim Negative Notice, they are no longer able to care for the child. In this situation, the child must be removed from the placement and an alternative placement found. Where more than one carer is present in the home it may be possible to negotiate/plan for the carer in receipt of the Negative Notice or Interim Negative Notice to leave the home. In this situation it would be possible for the child to remain in the placement with the other carer, as long as the Negative Notice holder remains out of the home. Given the challenges this scenario would present for the carers, it is recommended that parallel planning occur for the child so that while efforts continue to maintain the placement, alternative placement options are also explored for the child. 


For individuals affected by offence recategorization, resulting in a proposed Negative Notice or Interim Negative Notice, they will be invited to make a submission about their criminal record and suitability to work with children. The Department of Communities can only provide relevant documents and information if requested to do so but cannot advocate on behalf of any applicant for WWC Check purposes and cannot convey any opinion on whether an applicant presents a risk to children or whether a WWC Card should or should not be issued. This assessment will be made by the WWC Screening Unit, who are experienced in conducting assessments with reference to the WWC Act and resultant case law.


Individuals that receive a Negative Notice or Interim Negative Notice for the first time may understandably be confused, anxious or upset about the changes. It is important that staff offer support to these individuals and help them understand the process to respond to the notices.


Further information can be found below:


• WWC – FAQ for Department Carers (in Related Resources)
  

• Factsheet OFF01 – Class 1 and Class 2 Offences (in Related Resources)
  

• Factsheet NEG02: Making a submission (Refer to Factsheets section at www.workingwithchildren.wa.gov.au)
  




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Interstate considerations

The state in which a carer was approved is not relevant; it is where the child-related work is provided.

If a child in the CEO's care lives interstate with a WA approved carer, the carer is not required to have a WA WWC Check for care provided in another state or territory. The carer must have a  criminal and Client and Child Protection record check (through the Department's Screening Unit) and must comply with legislation that exists in the other state or territory.

If the carer travels with, and provides care to a child in the CEO's care in WA (for example, on a holiday) for a period of up to two weeks in any 12 month period, they are exempt from having to apply for a WWC Check in WA. This exemption, for a carer not ordinarily a resident of WA, only applies during the two week period after the carer arrives in WA and cannot exceed a total of two weeks in any period of 12 months.

If the child is in the care of another state, but is living with a carer in WA, the carer must have a WA WWC Check. The child-related work is being provided in WA and therefore the carer is subject to the Working with Children (Screening) Act 2004.

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Contact with the Department's Screening Unit

You must notify the Department's Screening Unit if:

• you become aware of any person being charged with, or convicted of, Class 1 or Class 2 offences (refer to the fact sheet in related resources), or any other offence, including charges or convictions relating to abuse in care, that the Department assesses as rendering the person inappropriate to carry out child-related work. While this is a general provision, it must also be observed in case practice regarding carers, persons living in carers' households and Department employees

• a decision is made to cease the assessment of a proposed carer or adult household member (for example, the care arrangement is no longer required or seen as not suitable because of factors in the household)

• a decision is made to cease placing children with a Department carer (including where a process is underway for the revocation of the carer's approval), and/or

• a decision is made that an adult household member cannot have responsibilities for children in the care arrangement (including household members who are required to leave the home if the care arrangement is to continue).

Please refer to Determining when a Department Record Check is Required (in related resources) for further information. You must consult the Department's Screening Unit if unclear about the type of checks or actions required via:


• 1800 883 979, or
• check@communities.wa.gov.au 
  

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