124Offence for agency to offer the services of a person who does not have a WWC clearance

124 Offence for agency to offer the services of a person who does not have a WWC clearance

(1) An agency must not, in the course of a business, offer to another person the services of a person (the worker) in child-related work if—

(a) the agency knows that the work is child‑related work; and

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

(c) the agency 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) An agency 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(a) the worker had applied for a WWC check and the application had not been finally decided or withdrawn unless the agency knew or ought reasonably to have known that the worker—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. 124(2) (a)(iia) inserted by No. 33/2025 s. 14.

(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.

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

S. 124(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.170).

(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

S. 124(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.170).

(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.