Working with Children Regulations 2006

i Working with Children Regulations 2006 S.R. No. 29/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Prescribed form of application for a working with children check—Schedule 1 2 5. Prescribed identifying information—Schedule 2 2 6. Working with children check card—Schedules 3 and 4 3 7. Application fees 3 8. Secretary may reduce, waive or refund payment of fees 3 9. Prescribed body 4 10. Findings of a prescribed kind 4 11. Prescribed persons 4 __________________ SCHEDULES 5 SCHEDULE 1—Application for Working with Children Check 5 SCHEDULE 2—Working with Children Check—Identifying Information 9 SCHEDULE 3—Working with Children Check—Employee Working with Children Check Card 12 SCHEDULE 4—Working with Children Check—Volunteer Working with Children Check Card 13 ═══════════════ -- 1 of 14 -- 1 STATUTORY RULES 2006 S.R. No. 29/2006 Working with Children Act 2005 Working with Children Regulations 2006 The Governor in Council makes the following Regulations: Dated: 28 March 2006 Responsible Minister: ROB HULLS Attorney-General RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to— (a) prescribe a form of application for a working with children check; and (b) prescribe identifying information to be included with an application; and (c) prescribe application fees and to make provision for their waiver, reduction or refund; and (d) prescribe forms of working with children check cards; and (e) prescribe a body for the purposes of section 10(3)(b), 11(1)(b), 14(1)(a) and 21(1)(b) of the Working with Children Act 2005; and -- 2 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 2 (f) prescribe findings of a prescribed body for the purposes of section 14(1)(a) of the Working with Children Act 2005; and (g) prescribe persons for the purposes of section 43(b) of the Working with Children Act 2005. 2. Authorising provision These Regulations are made under section 49 of the Working with Children Act 2005. 3. Commencement These Regulations come into operation on 3 April 2006. 4. Prescribed form of application for a working with children check—Schedule 1 For the purposes of section 10 of the Working with Children Act 2005, an application is in the prescribed form if it is the form set out in Schedule 1. 5. Prescribed identifying information—Schedule 2 For the purposes of section 10(2)(c) of the Working with Children Act 2005, identifying information of a prescribed kind is— (a) a recent passport sized photograph of the applicant; and (b) the documents referred to and that meet the requirements of Schedule 2; and (c) in the case of identifying information that discloses a name that differs from the name of the applicant in the application, a document that meets the requirements of the Evidence change of name category in Schedule 2. r. 2 -- 3 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 3 6. Working with children check card—Schedules 3 and 4 For the purposes of section 23(3)(b) of the Working with Children Act 2005, a document evidencing the giving of an assessment notice is in the prescribed form if it is a working with children check card as set out in Schedule 3 or Schedule 4. 7. Application fees The prescribed fee for an application under the Act referred to in column 2 of the Table is the fee opposite the application in column 3 of the Table. TABLE No. Type of application Fee 1 An application for a working with children check under section 10 of the Act for child related work that is for profit or gain $70 2 An application for the replacement of a working with children check card for child related work that is for profit or gain $16 8. Secretary may reduce, waive or refund payment of fees The Secretary may, before or after an application is made— (a) reduce; or (b) waive; or (c) refund payment in whole or in part— any application fee set out in the Table to regulation 7. r. 6 -- 4 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 4 9. Prescribed body For the purposes of sections 10(3)(b), 11(1)(b), 14(1)(a) and 21(1)(b) of the Working with Children Act 2005, the following body is prescribed— the Victorian Institute of Teaching. 10. Findings of a prescribed kind For the purposes of section 14(1)(a) of the Working with Children Act 2005, a determination by a panel appointed under section 38 of the Victorian Institute of Teaching Act 2001— (a) imposing conditions, limitations or restrictions on the registration of a teacher; or (b) suspending the registration of a teacher; or (c) cancelling the registration of a teacher— is a finding of a prescribed kind. 11. Prescribed persons For the purposes of section 43(b) of the Working with Children Act 2005, the following persons are prescribed— (a) the Chief Commissioner of Police, as appointed from time to time under section 4 of the Police Regulation Act 1958; and (b) a person who is a member of the police force within the meaning of the Police Regulation Act 1958 and who has taken and subscribed the oath referred to in section 13(1) of that Act (other than a member who is suspended from duty under that Act). __________________ r. 9 -- 5 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 5 SCHEDULES SCHEDULE 1 Regulation 4 APPLICATION FOR WORKING WITH CHILDREN CHECK (Section 10(1) of the Working with Children Act 2005) Application Type *New application *Volunteer or *Employee *Change of status from "Volunteer" to "Employee" (list previous working with children check card number) Information to be supplied by applicant in support of application 1. Name of applicant: (title, first name, middle name, family name) 2. Have you ever been known by any other name? *Yes/*No (if Yes, include details including name at birth, previous married name, maiden name and aliases): 3. Current residential address: 4. Have you lived at any other address in the last 5 years? *Yes/*No (if Yes, list details): 5. Current postal address (if different from address in 3): 6. Contact telephone numbers are: 7. I am *male/*female 8. My date of birth is: 9. My place of birth is: (Town/City, State, Country) Sch. 1 -- 6 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 6 Details of child-related work 10. In which areas of child-related work do you work or volunteer, or intend to work or volunteer? (please indicate all areas that apply and indicate whether you will be a volunteer or an employee for each area that does apply) Overnight camps for children Babysitting or childminding services arranged by a commercial agency Child care services including— centre based long day care occasional care family day care in home care outside school hours care Child protection services Children's services (that are required to be regulated under the Children's Services Act 1996) including kindergartens or preschools Coaching or private tuition services of any kind for children Commercial entertainment or party services for children unless they are merely incidental to or in support of other business activities Commercial gymnasium or play facilities for children unless they are merely incidental to or in support of other business activities Commercial photography services for children unless they are merely incidental to or in support of other business activities Commercial talent or beauty competitions for children unless they are merely incidental to or in support of other business activities Community Services that are established under the Children and Young Persons Act 1989 Counselling or other support services for children Clubs, associations or movements (including of a cultural, recreational or sporting nature) that— provide services or conduct activities for, or directed at, children, or whose membership is mainly comprised of children Sch. 1 -- 7 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 7 Educational institutions for children, specifically— State schools (including all primary, secondary, technical and special state schools) Non-Government schools (including all primary, secondary and special non-Government schools) TAFE colleges and TAFE Divisions of universities providing Victorian Certificate of Education (VCE) or Victorian Certificate of Applied Learning (VCAL) subjects or a combination of both subjects Adult education providers providing Victorian Certificate of Education (VCE) or Victorian Certificate of Applied Learning (VCAL) subjects or a combination of both subjects Other institutions providing children's study or training programs Fostering children Juvenile Justice places or services including— remand centres youth residential centres youth supervision units youth training centres probation services Paediatric wards of public or private hospitals Publicly-funded or commercial transport services specifically for children Refuges or other residential facilities used by children Religious organisations School crossing services Other (specify) 11. Which organisations do you work or volunteer with in child-related work? (a) I do not currently work or volunteer in child-related work for any organisation; or (b) I currently work or volunteer in child-related work with the following organisations: (insert relevant name, address and telephone numbers) Sch. 1 -- 8 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 8 Identifying information supplied by the Applicant (list documents and attach copies) Identifying photo (please attach a recent passport size photo of yourself) Note: It is a criminal offence under section 39 of the Working with Children Act 2005 to provide false or misleading information when applying for a working with children check. Authorisation and consent I apply to the Secretary for a working with children check to be carried out on me and an assessment notice to be given to me on completion of the check. A. I authorise the Secretary to arrange for the conduct of a police record check on me in connection with the consideration of this application and, if an assessment notice is given subsequent to a police record check, to ongoing police record checks on me from time to time whilst an assessment notice on me remains in force. B. I consent to the Secretary making enquiries about me to any relevant prescribed body in connection with the consideration of this application and, if an assessment notice is given, to ongoing enquiries being made about me with any relevant prescribed body from time to time whilst an assessment notice on me remains in force and to the disclosure to the Secretary by any relevant prescribed body of any relevant information concerning me. Dated: Signature of Applicant: *Delete if inapplicable _________________ Sch. 1 -- 9 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 9 SCHEDULE 2 Regulation 5 WORKING WITH CHILDREN CHECK IDENTIFYING INFORMATION 1. Unless 2. applies one document from each of Category A, B and C must be produced. 2. If a document from Category A cannot be produced, 3 documents from Category B, one of which must have a value of at least 40 points, and one document from Category C must be produced. 3. All documents must be current. 4. A minimum of 100 points in total must be produced by each applicant. 5. Unless 2. applies a document cannot be produced to meet the requirements of more than one category. 6. If the name of the applicant in a document from Category A, B or C is different to the name of the applicant in the application, a document referring to the different name from the Category Evidence of change of name must be produced. Category Documents Points Rating Australian Passport 70 Foreign Passport 70 Australian Driver Licence 40 Category A Victorian Firearms Licence or equivalent issued in other Australian state or territory 40 Category B Australian birth certificate 70 Travel document with same characteristics as a passport or a current visa within the meaning of section 29 of the Migration Act 1958 of the Commonwealth 70 Certificate of evidence of Australian residence status 70 Australian Citizenship certificate 70 Sch. 2 Sch. 2 Sch. 2 -- 10 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 10 Category Documents Points Rating Card issued by the Commonwealth Department of Veterans Affairs 40 Centrelink card (containing a reference number) 40 Identity card issued by an Australian tertiary educational institution 40 Private security individual operator licence 40 Medicare Card 25 Change of name certificate issued by a registry of births, deaths and marriages of an Australian State or territory 25 Marriage certificate issued by an agency of an Australian State or territory 25 A credit or account card issued by a bank, credit union or other deposit-taking institution within the meaning of the Banking Act of the Commonwealth 25 Taxation Assessment Notice 25 Motor vehicle registration 25 Superannuation statement 25 Any document from category A not already produced to meet the requirements of that category to be rated points in accordance with category A Any other document that in the opinion of the Secretary is of a similar character to the documents previously listed in category B 25 Utilities notice (water rates, electricity, gas or phone account) 25 Rental contract or receipt issued by landlord, agent or owner 25 Financial institution statement for current account 25 Category C Electoral enrolment for current address 25 Sch. 2 -- 11 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 11 Category Documents Points Rating Any document from category A or B that has not been produced to meet the requirements of those categories that states the current residential address of the applicant to be rated points in accordance with the applicable category Any other document that in the opinion of the Secretary is of a similar character to the documents previously listed in category C 25 Evidence of change of name Marriage Certificate Registration of Change of Name issued by a registry of births deaths and marriages Divorce papers Deed poll Any other document that in the opinion of the Secretary is sufficient evidence of a change of name __________________ Sch. 2 -- 12 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 12 SCHEDULE 3 Regulation 6 WORKING WITH CHILDREN CHECK EMPLOYEE WORKING WITH CHILDREN CHECK CARD Sch. 3 ISSUED IN VICTORIA If this card is found please contact (WWCC phone number) DD-MM-YY The person identified on this card has passed a Working with Children Check EXPIRY DATE WORKING WITH CHILDREN CHECK PHOTO CARD NO: Card Number ISSUED TO: Applicant name SIGNATURE: Applicant signature EXPIRES ON: DD-MM-YY E Hologram FRONT BACK -- 13 of 14 -- S.R. No. 29/2006 Working with Children Regulations 2006 13 SCHEDULE 4 Regulation 6 WORKING WITH CHILDREN CHECK VOLUNTEER WORKING WITH CHILDREN CHECK CARD ═══════════════ Sch. 4 WORKING WITH CHILDREN CHECK PHOTO CARD NO: Card Number ISSUED TO: Applicant Name SIGNATURE: Applicant Signature EXPIRES ON: DD-MM-YY V Hologram ISSUED IN VICTORIA If this card is found please contact (WWCC phone number) DD-MM-YY The person identified on this card has passed a Working with Children Check This card cannot be used to engage in child related work for profit or gain EXPIRY DATE FRONT BACK -- 14 of 14 --