123Offence to engage a person who does not have a WWC clearance in child-related work

123 Offence to engage a person who does not have a WWC clearance in child-related work

(1) A person must not engage, or continue to engage, another person (the worker) in child-related work if—

(a) the person knows the work is child-related work; and

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

(c) the person engaging, or continuing to engage, the worker knows that the worker does not have a current WWC clearance or is reckless as to whether or not the worker has one.

Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

In the case of a body corporate, 1200 penalty units.

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

(a) the worker had applied for a WWC check and the application had not been finally decided or withdrawn, unless the person knew or ought reasonably to have known that the worker—

(i) was subject to an obligation or order specified in clause 1 of Schedule 5; or

(ii) had been charged with or convicted or found guilty of an offence specified in clause 2 of Schedule 5; or

S. 123(2) (a)(iia) inserted by No. 33/2025 s. 13.

(iia) had been given an interim WWC exclusion under section 66; or

(iii) was excluded from child-related work under a corresponding working with children law; or

(b) the worker was exempt from a WWC check in respect of the work under Chapter 5; or

(c) having been notified that the worker (not being a worker who was engaging in the work as a volunteer or undertaking practical training) had been given a WWC exclusion, the person was in the process of—

(i) transferring the worker to work that was not child-related work; or

(ii) terminating the worker'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 the person directly engaged the worker and the work was child‑related work with a child of whom the person is a parent, whether or not it also involved direct contact with other children.

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

S. 123(4)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.169).

(a) the worker 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