121Engaging in child-related work without a WWC clearance

121 Engaging in child-related work without a WWC clearance

(1) A person must not engage in child-related work if—

(a) the person does not have a current WWC clearance; and

(b) the person engages in the work knowing that it is child-related work; and

(c) the person knows that they do not have a current WWC clearance or is reckless as to whether or not they have one.

(2) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed, the accused—

(a) had applied for a WWC check and the application had not been finally decided or withdrawn and the person—

(i) had not at any time been given a WWC exclusion or, having been given a WWC exclusion, had subsequently been given a WWC clearance; and

(ii) was not excluded from child-related work under a corresponding working with children law; and

(iii) was not subject to an obligation or order specified in clause 1 of Schedule 5; and

(iv) was not charged with or had not been convicted or found guilty of an offence specified in clause 2 of Schedule 5; or

S. 121(2)(ab) inserted by No. 33/2025 s. 12.

(ab) had applied for a WWC check and the application had not been finally decided or withdrawn and the person had not been given an interim WWC exclusion under section 66; or

(b) was exempt from a WWC check in respect of the work under Chapter 5 and the accused was not subject to an obligation or order specified in clause 1 of Schedule 5; or

(c) unless engaging in the work as a volunteer or undertaking practical training—

(i) having applied for a WWC check and been given a WWC exclusion, had notified their employer of the giving of that WWC exclusion; and

(ii) the accused's employer was in the process of—

(A) transferring the accused to work that was not child-related work; or

(B) terminating the accused's employment in accordance with the requirements of the Fair Work Act 2009 of the Commonwealth.

(3) A person is not guilty of an offence against subsection (1) if, at the time the offence is alleged to have been committed—

S. 121(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.167).

(a) the person had been given a WWC exclusion by the Secretary to the Department of Justice and Community Safety and had applied to VCAT under section 106(1) for a WWC clearance; and

S. 121(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.167).

(b) the decision of the Secretary to the Department of Justice and Community Safety was the subject of an order by VCAT staying the operation of the decision.