Victoria’s Working with Children Check Reforms

Victoria’s Working with Children Check Reforms

From 26 July 2026, significant amendments to Victoria’s Worker Screening Act 2020 (Act) will change how Working with Children Check (WWCC) decisions are reviewed and how the Social Services Regulator (SSR) assesses risk.

The amendments represent one of the most substantial changes to Victoria’s worker screening framework since the Act commenced. Rather than focusing solely on criminal convictions or substantiated findings, the amendments expand the information that may be considered when assessing whether a person poses an unacceptable risk to children. At the same time, they fundamentally change the review process for WWCC decisions by removing the Victorian Civil and Administrative Tribunal (VCAT) from the review pathway.

For organisations working with children, these reforms reinforce that worker screening is becoming increasingly risk-based, with child safety taking precedence over procedural limitations.

A New Review Process for WWCC Decisions

Perhaps the most significant procedural change is the removal of VCAT’s jurisdiction to review most WWCC decisions.

Previously, an individual who disagreed with a decision to refuse, revoke or impose conditions on a WWCC could seek an independent merits review through VCAT. From 26 July 2026, that pathway will no longer be available for WWCC decisions. Instead, review rights will be limited to an internal review conducted by the SSR.

This represents a substantial shift in Victoria’s worker screening framework. Rather than an external tribunal reconsidering the merits of a decision, the regulator responsible for making the original decision will also conduct the review.

It is important to note that this change applies to WWCC decisions only. NDIS Worker Screening decisions will continue to have review rights through VCAT, maintaining a distinction between the two screening schemes.

The SSR’s Assessment Powers Have Expanded

The amendments also significantly broaden the range of information the SSR may consider when determining whether a person is suitable to hold a WWCC. Historically, Victoria’s worker screening scheme largely relied on criminal history and substantiated disciplinary or regulatory findings. Critics argued this approach limited the regulator’s ability to respond where concerning information existed but had not resulted in formal substantiated findings.

The new amendments move towards a broader risk-based assessment. The SSR will now be able to consider any information that suggests a person may pose a risk to children, allowing a more holistic assessment of an individual’s suitability to engage in child-related work.

Unsubstantiated Findings May Now Be Considered

One of the most notable reforms is the SSR’s ability to consider unsubstantiated disciplinary findings as part of its assessment.

This does not mean that an unsubstantiated allegation automatically prevents someone from obtaining or keeping a WWCC. Rather, it means the SSR is no longer confined to only considering findings that have been formally substantiated. Information that previously may have fallen outside the scope of the assessment may now contribute to the regulator’s overall evaluation of risk.

Thus, this allows the SSR to build a more complete picture where multiple concerns exist, even if individual matters have not resulted in formal substantiated disciplinary findings.

This reflects a broader shift towards preventative safeguarding, recognising that child protection decisions often require regulators to assess patterns of behaviour and potential risk rather than waiting until misconduct has been formally established.

What Do These Changes Mean for Organisations?

For organisations that engage employees or volunteers in child-related work, the reforms reinforce that the WWCC should be viewed as one component of a broader safeguarding framework and not the sole safeguard.

Employers should continue to maintain robust recruitment and screening practices, including:

• thorough reference checking;
• behavioural interviewing;
• effective supervision;
• clear reporting pathways;
• compliance with the Victorian Child Safe Standards and National Principles; and
• ongoing monitoring of employee conduct.

Organisations should also understand that the regulator’s assessment process is becoming increasingly focused on child safety and risk prevention. A person’s suitability may now be assessed using a wider range of information than was previously available.

A Stronger Focus on Child Safety

These amendments reflect Victoria’s continuing shift towards a more preventative child safety framework following broader reforms across the safeguarding sector.

By removing external merits review through VCAT and expanding the SSR’s ability to consider information relevant to child safety, including unsubstantiated disciplinary findings, the legislation prioritises the protection of children while giving the regulator greater flexibility to assess risk.

For organisations, the reforms are a timely reminder that a WWCC is an important screening mechanism, but it is not a substitute for effective governance, strong safeguarding systems and a culture that actively identifies and responds to risk.

How Can Safe Space Legal Help?

The team at Safe Space Legal has extensive experience supporting organisations to strengthen their safeguarding frameworks and meet their legal obligations. We work with organisations across Victoria and Australia to help build a culture of safety and accountability and support organisations to have robust recruitment strategies to keep children and young people safe.

We provide the following services to ensure organisations meet their legal obligations:

• Drafting legally sound policies, procedures, and codes of conduct;
• Providing policy audits and developing safeguarding policies, procedures, and complaint handing processes;
• Providing root cause analysis to identify gaps in policy and/or practice which put organisations at risk of non-compliance with their sector-specific obligations;
• Conducting safeguarding investigations which are compliant with relevant state and territory legislation and regulations;
• Delivering tailored safeguarding training to ensure organisations are aware of their sector-specific requirements and obligations;
• Ensuring that complaints handling and reporting processes are compliant with legal obligations;
• Provide sound legal advice on risk mitigation.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs.