Disability Non worker check

Under the Worker Screening Act 2020 and the Child Protection (Working with Children) Act 2012 in Australia, individuals engaged in child-related work are required to obtain a Working with Children Check (WWCC) if their work involves direct or indirect contact with children [[1](Working with Children Check: Valid for? 5 years: Who is required to obtain a check? All individuals engaged in child-related work)]. It is illegal to engage anyone who is 18 years or older in child-related work without a current WWCC, and obtaining one for a false declaration is also illegal [[1](Not everyone who has contact with children needs a Working with Children Check)]. However, not all individuals who have contact with children need to obtain a WWCC; only those who are doing child-related work and are not otherwise exempt under the Act [[1](Not everyone who has contact with children needs a Working with Children Check)]. In addition to the legal requirements, organizations may also have their own child safety policies [[1](Not everyone who has contact with children needs a Working with Children Check)].

The expectation from DSS for its funded services is that a working with children check is sufficient regardless of the legal implications of making an illegal application.

The penalties for making a false declaration and for the employer endorsing the application may vary depending on the jurisdiction in Australia. However, it is generally considered a criminal offence and may result in fines or imprisonment. The penalties and legislative references for each jurisdiction can be found in the following table:

Jurisdiction	​Penalties	Legislative Reference
​Victoria	Fine up to 120 penalty units or imprisonment up to 2 years	Child Wellbeing and Safety Act 2005
New South Wales	Fine up to $11,000 or imprisonment up to 5 years	Child Protection (Working with Children) Act 2012
Queensland	Fine up to $22,019 or imprisonment up to 3 years	Working with Children (Risk Management and Screening) Act 2000
Western Australia	Fine up to $50,000 or imprisonment up to 5 years	Working with Children (Criminal Record Checking) Act 2004
South Australia	Fine up to $10,000 or imprisonment up to 2 years	Child Safety (Prohibited Persons) Act 2016
​Tasmania	Fine up to $12,000 or imprisonment up to 12 months	Children, Young Persons and Their Families Act 1997
Northern Territory	Fine up to $10,000 or imprisonment up to 2 years	​Care and Protection of Children Act

Note that the above penalties and legislative references are subject to change, and it is recommended to consult with legal professionals or relevant government authorities for the most up-to-date information. [[1](Not everyone who has contact with children needs a Working with Children Check)][[2](Child Protection (Working with Children) Act 2012)][[3](Working with Children (Risk Management and Screening) Act 2000)][[4](Working with Children (Criminal Record Checking) Act 2004)][[5](Child Safety (Prohibited Persons) Act 2016)][[6](Care and Protection of Children Act)]