a guide for northern territory community organisations · the northern territory screening...

A guide for Northern Territory

community organisations

August 2018

Screening Checks (NT)

© 2018 Justice Connect. This information was last updated on August 2018 and does not

constitute legal advice, full disclaimer and copyright notice at www.nfplaw.org.au/disclaimer.

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Part 1 - An introduction to screening checks 4

Part 2 – Legal obligations under WWC Clearances 7

1. When are WWC Clearances required by law? 8

What is ‘child-related work’? 9

2. WWC Clearance exemptions 10

3. Summary of organisation’s WWC obligations 12

Part 3 – WWC Clearance applications 13

1. How can employees or volunteers apply for a WWC Clearance? 14

When can a person begin child-related work once they have applied for a WWC Clearance?

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How much does a WWC Clearance Cost? 15

Should organisations pay the costs of WWC Clearance for employees and volunteers? 15

2. What if a new employee or volunteer already has a WWC Clearance card? 15

3. What happens once a WWC Clearance application has been lodged? 15

4. What happens if an application does not pass a WWC Clearance? 16

Part 4 – What does a WWC Clearance do? 17

1. What does a WWC Clearance do? 18

Disqualifying offences 18

Offences that do not necessarily prevent an application from obtaining a WWC Clearance 19

2. Ongoing monitoring of WWC Clearances 19

For holders of a WWC Clearance 19

For organisations 19

3. Are there limits to what WWC Clearances can achieve? 20

Part 5 – Police Checks 21

1. Does the WWC Clearance differ from a Police Check? 22

How do WWC Clearances and Police Checks differ? 23

Part 6 – Other checks 24

1. Discretionary background checks 25

2. Screening for interstate employees and volunteers 25




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Working with Children Checks 25

Police Checks 26

3. Child safety reforms and screening 26

Resources 28

Related Not-for-profit Law Resources 28

Legislation 28

Other Related Resources 28

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This guide covers:

Working with Children Clearances (WWC Clearances), known as Working

with Children Checks in other jurisdictions

Police Checks (sometimes called National Police Checks or Criminal Record

Checks)

interstate and overseas screening

other types of screening checks, and

recent child safety law reforms relevant to screening.

It is important that your organisation undertakes screening and induction of volunteers in

a thorough and systematic way. Certain background screening checks are required by law

(under legislation or contract) and others are discretionary.

Even where there is no legislative or contractual requirement that checks be performed, organisations

should undertake some level of screening for volunteers and employees. This is because all

organisations have a responsibility to ensure they maintain a safe environment for their employees,

volunteers and clients. Due to this overarching duty of care, organisations should always try to be

informed about the individuals they select as their representatives.

Consider whether the volunteer will have unsupervised access to money or property, contact with

vulnerable clients or children, access to sensitive information or whether they will be driving. This may

influence the types of checks your organisation requires in order to minimise risks associated with

your volunteers.

A volunteer is sent to an elderly client’s home to assist with general household duties and provide

companionship. As the volunteer is not engaged in ‘child-related’ work you do not ask them to obtain

a WWC Clearance. The volunteer seems trustworthy and so the organisation decides not to go ahead with

any other screening checks, including a Police Check. The volunteer steals from the client and it turns out

that she has a string of theft and burglary offences.

You send another volunteer to your client’s home as soon as you find out. The client has a health incident

and needs urgent medical attention. The volunteer freezes as he has not been trained in what to do in this

situation. He is traumatised by this incident. Your organisation could be in breach of its duties to both the

volunteer and client.




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It may be challenging for some organisations to appropriately screen spontaneous volunteers

(where individauls offer to volunteer on a one-off basis at an event or for a short period of time when

the needs of the organisation are high), especially where organisations are already managing significant

workloads due to an emergency or other incident. Your organisation may consider having a database of

registered volunteers to call upon that have undertaken appropriate screening, induction and training or

utilising external resources, such as Volunteering SA&NT at www.volunteeringsa.org.au to help match

volunteers with your organisation.

Currently, WWC Checks operate at a state or territory level. This means that a WWC Check is only

valid for work in the state or territory in which it is issued. There are certain allowances for interstate

volunteers. The Royal Commission into Institutional Responses to Child Sexual Abuse’s report on Working

with Children Checks (WWCC Report) contains recommendations for the implementation of a nationally-

consistent scheme.

http://www.volunteeringsa.org.au/

http://www.childabuseroyalcommission.gov.au/policy-and-research/working-with-children-checks/working-with-children-checks-report



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This section covers:

when are WWC Clearances required by law?

exemptions from the requirement to get a WWC Clearance

diagram – when is a WWC Clearance necessary?

summary of an organisation’s WWC obligations

Whenever your not-for-profit organisation is recruiting employees or volunteers or

assigning new responsibilities, it is important to conduct appropriate screening

procedures.

This section deals with WWC Clearances in the Northern Territory, also known as ‘Ochre Cards’. The

Care and Protection of Children Act 2007 (NT) (the Act) is the relevant legislation relating to WWC

Clearances which requires that a valid clearance notice be held by an individual before certain ‘child-

related work’ can be undertaken. Failure to comply with these requirements can result in serious

penalties for both the organisation and the employee or volunteer who has failed to undertake the

check.

Your organisation may be required by law to undertake WWC Clearances (if a worker will never have

contact with children, there is no need to undertake a WWC Clearance). It may also consider

undertaking other checks such as police checks and reference checks. You should ensure that only

tests or checks relevant to the position on offer are required. Decisions made on the results of checks not

relevant to a role could be challenged by an applicant.

In the Northern Territory, most individuals who are engaged in ‘child-related work’ are required to

obtain a WWC Clearance. Your organisation should carefully consider whether employees and

volunteers must apply for (or already have) a WWC Clearance before starting to work with your

organisation.




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What is ‘child-related work’?

A ‘child’ is defined under the Act as a person under 18 years of age.

‘Child-related work’ for the purposes of a WWC Clearance is any work (paid or unpaid) that involves or

potentially involves contact (which is defined broadly under the Act) with children that falls within one

of the specific activities listed in the Act, namely:

child protection services provided by or for the Department of Children and Families

child care services, including babysitting (note exemption below) or childminding services

fostering of children

children’s services listed in Chapter 4 of the Act

an educational facility for children, including a government school established under the Education

Act (NT)

juvenile detention centres

refuges or other residential facilities used by children

wards of hospitals or any other facilities for health services in

which children are ordinarily patients

clubs, associations or movements (including those that are of a

cultural, recreational or sporting nature) with significant child

membership or involvement

religious organisations

transportation services for children

private tuition services for children

counselling or other support services for children

overnight camps for children

road crossing services for school children

gym or play facilities

photographic services

talent or beauty competitions , and

entertainment or party services.

A person undertaking child-related work as a minister of religion or as part of religious vocation, or a

student doing practical training as part of an educational or vocational course must also have a valid

WWC Clearance.

Even if your organisation currently does not undertake child related work, if you want to do this

work in future, you can consider requiring volunteers and employees to undertake a WWC Clearance

when they join your organisation. However, checks should only be undertaken that are relevant to the role.

The Northern Territory Screening

Authority, appointed by the

Minister for Children and

Families, conducts the checks.

The authority works with the

Screening Assessment for

Employment in the Northern

Territory (SAFE NT), a unit of the

NT Police. Go to the NT

Government webpage and the NT

Police webpage for more

information on screening checks.

http://www.austlii.edu.au/au/legis/nt/num_act/capoca200737o2007315/s224.html

https://nt.gov.au/emergency/community-safety/working-with-children-clearance-before-you-apply

http://www.pfes.nt.gov.au/Police/Community-safety/SAFE-NT.aspx




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Where a volunteer or employee of a not-for-profit organisation falls into one of the exempt categories,

they will not be required to obtain a WWC Clearance. This will be the case even where they are

performing ‘child-related work’ and the work falls within one of the 23 fields outlined above.

Exemptions apply to individuals who are:

volunteering in children's services pursuant to the Act, a school,

club or association with significant child membership, and:

are a parent of at least one of the children with whom the

individual may have contact, or

the work does not involve an overnight stay, or

are performing work under the direct supervision of someone

who holds a WWC Clearance, or

is not required by the person who engages them to hold a WWC Clearance, or

under 15 years of age, or

approved emergency carers under the Care and Protection of Children (Placement Arrangements)

Regulations, or

visiting the Northern Territory and volunteering with children for less than 14 days in one year (see

page 27 of this guide for more information about this exemption), or

babysitting or minding children as a part of an agreement with family or friends, but not as part of a

commercial enterprise, or

working for a children’s entertainment or party service that provides food, equipment or a venue if

you have no contact with children.

Even if an employee or volunteer falls within one of the exemptions, they are still eligible to apply for

and receive a WWC Clearance. If you are in doubt about whether an exemption applies, we suggest

that you request that the employee or volunteer undertake a WWC Clearance to be certain you are

complying with the law.

The following diagram summarises when a WWC Clearance will be required, by law, for employees and

volunteers in the Northern Territory.

Just because a worker may fall

within one WWC Clearance

exemptions when starting out in

a role, when circumstances

change, they may not be able to

continue to rely on the

exemption.




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Diagram: When is a WWC Clearance required?

1. Does the position involve or potentially invovle contact with

children?

3. Does the employee/volunteer qualify for an exemption under

the WWC Act?

No - WWC Clearance not required

Yes

No

4. The employee or volunteer must apply for and obtain a WWC

Clearance before they commence child-related work.

Yes - WWC Clearance not required

‘Contact’ means any form of:

physical contact

oral communication, face-to-face or by other means, or

written communication.

There are a number of exemptions contained in the Act. See

section 2 above for further details.

2. Is the position within one of the listed fields of child-related

work?

The listed fields of child-related work can be found on page 9 of

this guide.

No - WWC Clearance not required

Yes

Note that a WWC Clearance may be required if circumstances

change and the person longer qualify for an exemption.




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An organisation that undertakes or supervises ‘child-related work’ must ensure that employees and

volunteers comply with the Act. This includes ensuring that:

employees and volunteers who are required to hold a valid WWC Clearance notice must actually

hold a valid clearance notice prior to commencing child-related work (organisations can check the

validity of WWC Clearances online) unless:

the organisation has requested and obtained a short-term exemption on behalf of an employee

to start or continue working with children while their application is being processed, and

any applicant that is found in breach of the Schedule 3 Disqualifying Offences does not, under any

circumstances, engage in ‘child-related work’ (discussed further below), and

employees and volunteers have the correct type of WWC Clearance (ie. volunteer vs employee),

and

employees and volunteers do not continue to work in child-related work if their WWC Clearance

(Ochre Card) has expired, and

employees and volunteers who hold a current WWC Clearance in relation to other work notify the

Screening Assessment for Employment in the Northern Territory (SAFE NT) of the work they will

undertake for the new organisation they wish to work for.

Organisations can use WWC Clearances as only one of several screening and monitoring tools.

Reference checks, police checks and organisational supervision and training are all ways to ensure the

safety of staff and clients, as well as assisting in finding the most suitable applicant when recruiting. Your

organisation may choose to wait until the check is complete before the worker starts working with children.

https://forms.pfes.nt.gov.au/safent/CheckValidity.aspx?IsValidityCheck=true

https://nt.gov.au/emergency/community-safety/working-with-children-clearance-before-you-apply/for-employers-or-volunteer-coordinators

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© 2018 Justice Connect. This information was last updated on April 2018 and does not


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how can employees or volunteers apply for a WWC Clearance?

what if a new employee or volunteer already has a WWC Clearance?

what happens once a WWC Clearance application has been lodged?

what happens if an applicant does not pass a WWC Clearance?

Applying for and maintaining WWC Clearances takes a few steps by both the applicant

and the organisation.

Application forms for the WWC Clearance (Ochre Card) can be lodged at the SAFE NT Darwin office,

any Territory Business Centre around the Northern Territory or an application can be lodged online

through the NT Police website. Volunteers and paid workers must complete different forms.

When lodging, the applicant will need to produce:

for volunteers – a declaration completed by the person and a

director or manager in your organsiation

original identification documents (eg. driver’s licence, passport)

a passport-sized photograph (to appear on the Ochre Card), and

the application fee (there is a concession fee for a volunteer check).

When can a person begin child-related work once they have applied for a WWC

Clearance?

If your organisation carries out child-related work, your team members (paid and unpaid) must hold a

current Clearance Notice (Ochre Card) and must be received prior to commencing child-related work.

Your organisation may request an exemption for individual employees to hold a WWC Clearance, if

they want the employee to start work immediately and that person is still waiting for the application to

be processed. A temporary exemption form must be submitted to the working with children

exemptions team (Northern Territory Government) and an exemption granted before the employee can

engage in child-related work with your organisation.

If a volunteer commences paid

work at a later date, they will

need to reapply using a different

‘paid employment form’.

http://www.pfes.nt.gov.au/Police/Community-safety/SAFE-NT.aspx

https://forms.pfes.nt.gov.au/safent/

https://forms.pfes.nt.gov.au/safent/static/Volunteer%20Download%20Form%20WWC.pdf

https://nt.gov.au/emergency/community-safety/working-with-children-clearance-before-you-apply/for-employers-or-volunteer-coordinators




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How much does a WWC Clearance Cost?

Applicants who undertake ‘child-related work’ as part of their employment need to pay $70 for their

Ochre Card (WWC Clearance).

There is a $7 fee for volunteer applicants who wish to apply for the check. Volunteers should ensure

they select the ‘volunteer’ option of the Ochre Card Check form. As soon as a volunteer becomes a

paid employee or contractor, they are required to reapply for an employee Check, and will receive a

new card valid for undertaking paid ‘child-related work’.

Should organisations pay the costs of WWC Clearance

for employees and volunteers?

There is no legal requirement for an organisation to cover the costs

of a WWC Clearance. However, some organisations choose to

reimburse WWC Check applicants who will be working with the

organisation.

Employees or volunteers with an existing WWC Clearance from previous work or volunteering are able

to apply for the change online through either SAFE NT, the Northern Territory government website or by

visiting any of the Territory Business Centres across the Northern Territory.

It is essential that the Department knows the employee or volunteer is working with you, so that they

can notify you of changes to the WWC Clearance status.

The new employee or volunteer must present their WWC Clearance to your organisation. You can also

call the Department to check that it is current. You will need the Ochre Card number of the employee

or volunteer. Organisations also need to ensure that the existing Ochre Card Check is the appropriate

type (ie. for paid vs volunteer work).

Applicants who pass the WWC Clearance will receive an Ochre Card and Clearance Notice in the mail.

Employers and volunteer organisations receive an Assessment Notice that is an official copy of the

front and back of the Card. A WWC Clearance is valid for two years (unless circumstances change

leading to a change of clearance status).

You can check the progress of an application online at https://forms.pfes.nt.gov.au/safent/.

In most circumstances, if the

WWC Clearance relates to

employment, this expense may

be claimed as a deduction from

taxable income of the employee.





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Applicants who do not pass the WWC Clearance due to committing a disqualified offence will not be

issued with a Clearance Notice and will not be eligible for an Ochre Card. If the candidate believes the

decision of the Screening Authority is incorrect, they have the right to lodge an application to review

the decision with the Local Court of the Northern Territory, within 28 days of receiving the decision.

The Local Court carries this review process out as a new hearing and is permitted to view material not

seen before by the Screening Authority. The Local Court has the authority to:

confirm the Screening Authority's decision

vary the decision

set the decision aside, or

set the initial decision aside and replace it with the Court's own independent decision.

During this period, the applicant will be unable to undertake child-related work until the review has

been completed.

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what does a WWC Clearance take into account?

ongoing monitoring of WWC Clearance, and

are there limits to what a WWC Clearance can achieve?

The WWC Clearance is a unique type of check, distinguished from Police Checks by the

different registers it checks, and its ongoing nature.

Understanding how a WWC Clearance works will help your organisation understand what role they

should play in your risk management strategy.

When a WWC Clearance application is submitted to the Screening Authority, the following checks are

completed:

national police records check, which may reveal criminal history information held by police in the

Northern Territory and other jurisdictions

review of any charges, guilty pleas, acquittals and convictions, and

review of any findings of certain professional disciplinary bodies such as the Northern Territory

Teacher Registration Board.

The Screening Authority may also seek information from other sources such as from treating health

professions, correctional bodies and employment history.

Only offences relevant to the safety of children, such as serious sexual, violent or drug crimes are

included in the assessment of the WWC Clearance. There are two broad categories of offences that

are relevant.

Disqualifying offences

The Screening Authority must not grant a Clearance Notice to an individual who has committed any

disqualifying offence (see section 3 of the Act). A person in this category is strictly prohibited from

working with children. Disqualifying offences are those that pose a serious risk of harm to children,

including:

sexual offences involving children

violent offences involving children




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drug-related offences involving children, and

an assessment of references or disciplinary proceedings instigated as a result of malpractice or

inappropriate workplace behaviours.

Offences that do not necessarily prevent an applicant from

obtaining a WWC Clearance

Lower-grade criminal offences not involving children do not necessarily prevent the applicant from

receiving a WWC Clearance.

Where these offences are revealed, the Screening Authority can assess a number of other factors,

such as the person's good behaviour, contribution to community events, rehabilitation or treatment

programs completed. Personal, community and written employment references can be submitted in

support of an application. The Screening Authority will generally pass the applicant unless it would be

unreasonable or inappropriate to do so.

The applicant has committed offences against adults, sex offences as a child, or other

non-sexual offences such as drug or violence offences.

The applicant has committed offences such as lower-grade assault or exposure.

For holders of a WWC Clearance

During the two-year validity period, the holder of a WWC Clearance must advise the Department of any

relevant change (see list below) online at the SAFE NT Department website:

https://forms.pfes.nt.gov.au/safent/.

These changes may include:

change of name

change of address, or

change or addition of employer or volunteer organisation, including changes to the organisation’s

contact details.

For organisations

Throughout the two-year lifespan of a WWC Clearance, there is a ‘rolling check’ system. A card holder’s

profile will be updated if there are any incidents that affect the person’s ability to undertake ‘child-

related work’ and your organisation will be notified. This is why it is very important to ensure your

organisation is nominated as a place of work for employees and volunteers with an existing WWC

Clearance.





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Organisations must ensure that WWC Clearances are renewed by employees and volunteers every two

years at the SAFE NT website, upon receiving the renewal notice prior to expiration.

Taking the following steps may help your organisation keeps up to date with team members and their

WWC Clearance status:

physically sight and record the Ochre Card (or their application receipt) when they join your

organisation and record associated information such as expiry date

keep copies of Ochre Cards, information and notices on file and keep a record of the employee and

volunteer status, including:

for new WWC Clearance applications, the unique Application Receipt Number that is provided

when an application for a WWC Clearance is lodged, or

for current holders of WWC Clearances, the Ochre Card number and the expiry date

ensure information is filed in a safe, secure place and in accordance with the following principles:

ensure stored information is accurate, complete and up to date

protect the information from misuse, loss, unauthorised access, modification or disclosure

(including by allocating files identification systems to prevent files being misplaced)

have a clearly expressed policy available upon request detailing the management of personal

information by your organisation, and

allow people to access their own information and to correct inaccuracies

assign responsibility for monitoring your WWC Clearance register to ensure that it is up-to-date, and

set up systems to ensure you organisation keeps track of when current WWC Clearances will

expire.

Your organisation is also able to check the status of a person’s card or application using the ‘Check

status’ function. Refer to SAFE NT‘s website (in ‘Resources’ below).

There are a number of volunteer management software systems that may assist your organisation

with this process and ensuring thorough and systematic screening takes place (see Volgistics,

eCoordinator and Volunteer Impact).

Remember that WWC Clearances are only one way of reducing the risk of recruiting or associating with

individuals who may be unsuitable for child-related work. No background check by itself can guarantee

an individual’s suitability, and organisations should ensure that they have internal policies and

procedures to ensure the safety of all those who interact with the group – particularly those in a

position of vulnerability such as children.

https://www.volgistics.com/



http://samaritan.com/

http://samaritan.com/

http://www.betterimpact.com/volunteer-software/



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an overview of Police Checks, and

the differences between WWC Clearances and Police Checks.

A WWC Clearance is an important check, but it is not the only check your organisation can

undertake.

As part of your risk management strategy, even if you must undertake WWC Clearances, consider

whether any of the following checks would also be appropriate.

Yes. If a volunteer or employee is required to undertake a WWC Clearance, it will not matter whether

they have recently had a Police Check (sometimes called a National Police Check or Criminal Record

Check) as these two screening procedures are established for different purposes (see table below).

Your organisation may wish to conduct both WWC Clearances and Police Checks depending on the

nature of the work being conducted by your staff or volunteers. For example, not all criminal offences

will be relevant for the WWC Clearance, only those that the Screening Authorities considers poses a

risk to children, therefore previous convictions such as traffic offences or thefts may not be

considered through a WWC Clearance.

A Police Check allows an organisation to be aware of all (releasable) previous convictions – child-

related or not – and this may be appropriate if you are seeking an employee or volunteer who, for

example, may be handling money or driving clients between locations.

If you decide that applicants are required to undergo a police check prior to recruitment, you must

not refuse an applicant simply because he or she has a prior conviction revealed for an offence that

has no relevance to the available position. There are legal protections against discrimination on the basis

of a criminal record. However, your organisation has obligations to create a safe and effective environment,

and you can refuse an applicant on the basis of a criminal past when you believe that the prior offence

prevents the applicant from performing the ‘inherent requirements’ of the position. See the Australian

Human Rights Commission website for more information.

https://www.humanrights.gov.au/

https://www.humanrights.gov.au/




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How do WWC Clearances and Police Checks differ?

WWC Clearances (NT) Police Checks

Who conducts

the check?

The WWC Clearance application is

submitted to SAFE NT, the Northern

Territory Government Screening Authority.

The application must be lodged by the

individual.

The check is submitted to Northern Territory

Police Force by the individual or by an

organisation on their behalf (with consent).

Organisations may also engage a third party

agency to manage the process.

What is

checked?

National criminal records (across all states

and territories) and professional conduct

reports.

National criminal records (across all states

and territories).

What is

revealed by

the checks?

Serious criminal charges, offences,

findings of guilt and professional conduct

reports that may be relevant to the safety

of children, such as serious sexual, violent

or drug crimes (it will not reveal non-child

related offences such as theft or property

fraud).

Police make an assessment that takes into

account the category and purpose of the

check and any relevant legislation and

information release policies. Police then

determine the details they will release to the

individual or organisation requesting the

check

The details released may include court

outcomes with a finding of guilt (including

those ‘without conviction’), good behaviour

bonds or other court orders, outstanding

charges and matters awaiting hearing

certain (criminal) traffic offences, whether

child-related or not.

What is the

outcome?

The person will either ‘pass’ or ‘fail’

depending on what the check reveals.

The Screening Authority will make the final

assessment if relevant offences show up,

after providing the applicant with an

opportunity to make submissions to alter

the decision.

There is no pass or fail – a list of court

outcomes with a finding of guilt is produced

from the national criminal record.

It is up to the organisation to assess whether

or not any of the listed outcomes may impact

on the work of the volunteer.

How long is it

valid for?

2 years. It is current only at the time of the check.

Is it an ongoing

check?

Yes – over the 2 years there is a ‘rolling

check’ system and the organisation is

notified if it reveals anything related to

child safety.

No – it is a ‘point in time’ check and will only

list the offences at the time of the check.

Is the check

transferable?

Yes – to other Northern Territory volunteer

roles but the volunteer must provide notice

to the Department of any new role.

However, if a volunteer moves into paid

employment, they must compete a new

application and vice versa.

No – organisations should require a new

check, even if someone had a check

completed recently – as an organisation

needs to be sure that all relevant matters

have been disclosed by the police.

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other discretionary background checks

managing volunteers and employees in or from other states and territories,

and

recent law reform relating to background checks.

Even where there is no legislative requirement that Police Checks and other discretionary background

checks be performed, organisations ought to undertake some level of screening for volunteers and

employees. This is because all organisations have a responsibility to ensure they maintain a safe

environment for its employees, volunteers and clients. Due to this overarching duty of care,

organisations should always try to be informed about the individuals they select as their

representatives.

While finding the right person to fill a vacant role is important, an organisation has an overarching

duty to provide a safe environment for staff, volunteers and clients. Good screening procedures when

recruiting is a key way for organisations to try and address problems before they arise.

From a practical perspective, undertaking informal background checks, such as asking for referee

details and performing licence and qualification checks (and possibly asking for details of any

potential conflicts of interest) is certainly a good way for an organisation to assure itself that it is

making the right choice when recruiting a new employee or volunteer.

Working with Children Checks

Currently, Working with Children Checks (WWC Checks) operate at a state or territory level. This means

that a WWC Check is only valid for work in the state in which it is issued.




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If an employee or volunteer has a WWC Check from another state or territory and wants to work in the

Northern Territory they may also need to obtain a WWC Clearance (Ochre Card), depending on the

circumstances.

Interstate visitors can engage in child-related work in the Northern Territory without WWC Clearance,

for a total period of up to 14 days in the same calendar year for:

several events or occasions - provided they have a WWC Check from another state or territory, and

only one event or occasion - without a WWC Check from another state or territory.

If workers of your organisation are travelling to another state or territory outside of the Northern

Territory and will engage in child-related work, you need to ensure that you comply with the laws of the

particular jurisdiction you visit – which may mean having a valid WWC Check for that state or territory.

Generally, most states will recognise the WWC Check of a worker from another state, if they are

visiting and working on a short-term basis.

However, if your organisation’s employees or volunteers work in multiple jurisdictions on a regular

basis, it is likely that they will need a WWC check for each state and territory. It is also worth pointing

out that the offences considered relevant for the purposes of a WWC Check differ across states and

territories.

In 2012, all states and territories agreed on the above exemption for Checks for interstate visitors.

However, this has not been fully or consistently implemented.

Therefore, it is important to check the applicable scheme in each state and territory (see the ‘Interstate

Checks’ page on the Victorian Working with Children Check website at www.workingwithchildren.vic.gov.au.

The Royal Commission into Institutional Responses to Child Sexual Abuse’s report on Working with Children

Checks (WWCC Report) contains recommendations around the implementation of a nationally-consistent

scheme.

Police Checks

The Police Check will display all (releasable) court outcomes from all states and territories of Australia

(including federal offences).

If your organisation engages an employee or volunteer that has been living overseas, your organisation

may decide to ask for an international police check, which can be obtained from the law enforcement

body for each relevant country. Information on obtaining a police check from an overseas government

or law enforcement authority can be found on the Australian Government Department of Home Affairs

website.

The Council of Australian Governments (COAG) is currently working towards law reform to harmonise

the laws between states and territories.

COAG has been working on a ‘National Framework for Protecting Australia’s Children 2009-2020.’ This

is a broad, long-term initiative aimed at reforming the child protection system and creating uniform

http://www.workingwithchildren.vic.gov.au/

https://www.homeaffairs.gov.au/trav/visa/char

https://www.homeaffairs.gov.au/trav/visa/char




27

laws across states and territories. COAG aims to develop a nationally consistent approach to working

with children checks and child safe organisations across jurisdictions. This is likely to include unifying

the WWC Check system across our states and territories. Further reform and consolidation of

legislation will help to establish an inter-jurisdictional exchange of information regarding people

working with children.

If new legislation comes into force, your organisation may need to comply with different rules

regarding its employees and volunteers. It is important to be aware of the changes as they take place,

and to ensure that your organisation continues to meet the legislative requirements.

For more information, refer to the Royal Commission into Institutional Responses to Child Sexual

Abuse website.

https://www.childabuseroyalcommission.gov.au/

https://www.childabuseroyalcommission.gov.au/

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Related Not-for-profit Law Resources

The Not-for-profit Law Information Hub (www.nfplaw.org.au) has further resources on the following

related topics:

The People Involved – www.nfplaw.org.au/people

This section contains legal information relating to everyone involved in a community group, including

volunteers.

Risk and Insurance – www.nfplaw.org.au/riskinsurance

This section contains legal information relating to managing risk in your organisation.

Legislation

Child and Protection of Children Act (2007) (NT)

Other Related Resources

Northern Territory Government – Working with children clearance: apply and renew

https://nt.gov.au/emergency/community-safety/apply-for-a-working-with-children-clearance

For more information about the WWC Clearance process in the Northern Territory and relevant forms.

Safe NT Online Services https://forms.pfes.nt.gov.au/safent/

Online portal for applying, renewing and checking progress of Working With Children Clearance,

applying for National Police Checks and changing personal or contact details.

Volunteering Australia - Background Checks and Volunteers see www.volunteeringaustralia.org

Volunteering Australia has a resource which provides an overview of background check requirements

and the associated costs across the various states and territories.

CrimCheck www.crimcheck.org.au

CrimCheck is a not-for-profit organisation that assists other not-for-profit organisations with the

processing and management of police checks for their employees and volunteers along with general

support and education around the process.

Australian Criminal Intelligence Commission www.acic.gov.au

The Australian Criminal Intelligence Commission (formerly CrimTrac) is the national information-

sharing service provider for Australia's police, wider law enforcement and national security agencies, It

offers a National Police Checking Service and has further information about the National Police Check

process.

Department of Families, Housing, Community Services and Indigenous Affairs www.dss.gov.au

Visit this website for the National Framework for Protecting Australia’s Children 2009–2020.

http://www.nfplaw.org.au/

http://www.nfplaw.org.au/people

http://www.nfplaw.org.au/riskinsurance

https://legislation.nt.gov.au/Legislation/CARE-AND-PROTECTION-OF-CHILDREN-ACT

https://nt.gov.au/emergency/community-safety/apply-for-a-working-with-children-clearance


http://www.volunteeringaustralia.org/

http://www.crimcheck.org.au/

http://www.acic.gov.au/

https://www.acic.gov.au/our-services/national-police-checks

http://www.dss.gov.au/

http://www.fahcsia.gov.au/our-responsibilities/families-and-children/publications-articles/protecting-children-is-everyones-business

© 2018 Justice Connect. This information was last updated on August 2018

and does not constitute legal advice, full disclaimer and copyright notice

at www.nfplaw.org.au/disclaimer.

Contact us: [email protected]

NFP Law home: justiceconnect.org.au/nfplaw

NFP Law legal information: nfplaw.org.au

PO Box 16013 Melbourne VIC 8007 DX 128 Melbourne

Tel +61 3 8636 4400 Fax +61 3 8636 4455

GPO Box 863 Sydney NSW 2001 DX 78 Sydney

Tel +61 2 9114 1793 Fax +61 2 9114 1792

ABN: 54 206 789 276 | ACN: 164 567 917

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