Victoria’s Tougher Working with Children Check Regime: What’s Changed Under the 2025 Amendments?

Victoria’s Tougher Working with Children Check Regime: What’s Changed Under the 2025 Amendments?

On August 3, 2025, Mr. Cameron Guy applied to the Victorian Civil and Administrative Tribunal (VCAT) seeking review of a decision to issue him with a
Working with Children (WWC) exclusion. Weeks later, sweeping legislative
amendments reshaped Victoria’s Working with Children Check (WWCC) framework.

In Guy v Secretary to the Department of Government Services (VCAT Reference No. Z868/2025), VCAT ultimately dismissed the application, not on its merits, but because VCAT no longer had jurisdiction.

The decision is a stark illustration of how the Worker Screening Amendment
(Strengthening the Working with Children Check) Act 2025 (Vic) has fundamentally
narrowed review rights under the Worker Screening Act 2020.

Background

Mr. Guy was issued a WWC exclusion after the Secretary relied on information from Queensland authorities confirming he had previously received a “negative notice” under that state’s child safety regime.

Prior to 28 August 2025, exclusions based on interstate decisions were categorised
as Category B applications. Category B exclusions carried a broader right of merits
review at VCAT.

However, following the Rapid Child Safety Review commissioned by the Victorian
Government, Parliament enacted urgent reforms through the 2025 Amending Act.

Those changes include:

• Reclassified interstate exclusions as Category A applications;
• Removed them from the Category B framework; and
• Inserted transitional provisions deeming existing Category B exclusions
  (based on interstate decisions) to be Category A exclusions from
  commencement.

This reclassification proved decisive.

What Changed Under the 2025 Amendments?

The amendments significantly strengthened Victoria’s WWCC regime in response to serious child safety concerns. Key changes include:

1. Automatic Recognition of Interstate Exclusions

If a person is excluded from child-related work in another Australian jurisdiction, they are now automatically treated as a Category A exclusion holder in Victoria.

2. Severely Limited VCAT Review Rights

Under the amended framework, VCAT review of a Category A exclusion is confined
to one narrow ground: mistaken identity.

That is, a person may only seek review on the basis that they are not the person
referred to in section 60(1)(a), (b) or (e) of the Act. Substantive reconsideration of
risk, rehabilitation, or proportionality is no longer available.

3. Immediate Suspension and Intelligence-Based Decisions

The Worker Screening Unit may now suspend a WWCC during investigations where there is immediate risk and may consider intelligence and unsubstantiated
allegations when assessing suitability.

4. Digital and Employer Compliance Reforms

• Real-time digital verification via Service Victoria;
• Mandatory employer checks prior to engagement;
• Immediate notification to employers of suspensions; and
• Increased compliance monitoring and inspections.
  Collectively, these reforms reflect a policy shift toward precaution and national
  consistency.

The Legal Question: What Happens to Accrued Review Rights?

Mr. Guy lodged his VCAT application before the amendments commenced. At that
time, he had a right to seek merits review.

The key legal issue was whether that accrued right survived the legislative changes. The Tribunal found that the transitional provisions, particularly section 168, clearly
and plainly intended to convert existing interstate-based Category B exclusions into
Category A exclusions.

Because Category A exclusions are reviewable only for mistaken identity, and
because Mr Guy did not claim mistaken identity, the Tribunal concluded:

• It had lost jurisdiction, or;
• The application had become misconceived or lacking in substance.

Thus, the matter was dismissed.

Why the Decision Matters

This case demonstrates three critical points for organisations and individuals alike:

1. The Reform Intentionally Narrows Merits Review – The amendments are designed to “cut off” substantive reconsideration in Victoria
   where another jurisdiction has already excluded a person.
2. Timing Does Not Save Review Rights – Even though Mr Guy filed before the amendments commenced, the Tribunal found that Parliament’s intention was sufficiently clear to displace accrued review rights.
3. The Only Avenue Is Identity-Based Challenge – Unless a person can show they are not the individual who was excluded interstate, VCAT cannot revisit the substance of the exclusion.

In practical terms, this shifts the battleground to the original excluding jurisdiction. In this case, Queensland review processes would be the appropriate avenue.

Broader Implications for the Sector

For organisations engaged in child-related work, these reforms signal:

• Zero tolerance for interstate exclusions;
• Stricter employer verification obligations;
• Increased enforcement and inspections;
• Reduced litigation risk at VCAT (but heightened compliance exposure)

The regime now prioritises immediate child protection over procedural breadth. While this strengthens safeguarding outcomes, it also reduces procedural avenues for affected workers.

For boards and leadership teams, the message is clear that governance systems
must ensure real-time verification, ongoing monitoring, and rapid response to
suspensions.

How Safe Space Legal Can Help?

The team at Safe Space Legal have extensive safeguarding experience. We have
worked with many organisations across Victoria, and Australia, to ensure they are
meeting their legal obligations and frequently conduct independent safeguarding
investigations.

Safe Space Legal provides the following services to ensure organisations meet their legal obligations:

• Supporting organisations to have robust recruitment strategies to keep
  children and young people safe;
• Providing organisations with advice on their legal obligations and compliance;
• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting gap analysis audits of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting child safety investigations which are compliant with relevant state
  and territory schemes; and
• 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 safeguarding needs.