Working With Vulnerable People scheme

The Working with Vulnerable People (WWVP) scheme aims to reduce the risk of harm or neglect to vulnerable people by:

checking the background of people who want to work or volunteer with vulnerable people
registering and monitoring people who work with vulnerable people.

A vulnerable person means:

a child
an adult experiencing disadvantage who is accessing a service because of the disadvantage.

Disadvantage includes:

a physical or mental disability
experiencing social or financial hardship
not being able to communicate
difficulty communicating in English.

Check if you need WWVP registration

If you will have regular contact with vulnerable people while working or volunteering in a regulated activity, you must apply for a WWVP check and receive a WWVP registration card.

An activity, service or support is regulated if it’s listed in the Working with Vulnerable People (Background Checking) Act 2011.

It is an offence to work or volunteer in a regulated activity without a WWVP registration. If you do, you can be fined up to $7,000 and spend 2 years in prison.

When you must have a WWVP registration

There are regulated activities where you must have a WWVP registration.

Activities or services for children

Child protection services, for example:

a kinship carer or a foster carer
a residential care service.

Justice facilities for children, for example:

a detention place or activity at the place
any other place a child is held in custody.

Counselling and support services for children.

Education and care service or childcare service, for example:

a childcare centre
a family day care.

Commercial service that provides childcare, for example:

a babysitting service
a nanny service
a service conducted by a hotel to provide childcare to children who are short-term guests.

Child education services, for example:

a preschool, primary school, high school, secondary college or other educational institution
a school-crossing service.

Child accommodation services, for example:

school group accommodation
a home stay, including as part of a student exchange
a school boarding facility.

Commercial services for children:

an entertainment or party service
a gym or play facility
a photography service
a talent or beauty competition.

Activities or services for vulnerable people

Mental health services, for example, for a person with:

mental illness, psychosocial disability, or psychiatric condition
intellectual disability or developmental disability
learning or cognitive disability.

Migrants, refugees, and asylum seekers, or people who have difficulty communicating in English.

Services for homeless people, for example:

an activity or service that provides food, transport, coordination or referral of support needs
a drop-in centre
a soup kitchen.

Housing and accommodation, for example:

public, social or community housing
housing assistance
crisis accommodation.

Justice facilities:

a correctional or remand centre
a detention place
a place outside a detention place where a detainee is working or taking part in an activity
any other place a person may be held in custody.

Prevention of crime services, for example:

a program to keep police informed about person who has committed a crime to reduce the likelihood that the person will reoffend
a mentoring program.

Victims of crime, for example services that provide:

counselling and support
therapeutic intervention
financial assistance
information or advice.

Services for addictions, for example:

health care, counselling, accommodation or financial support for people who are addicted to a substance or an activity
a needle and syringe exchange program
a methadone treatment and withdrawal program
a gambling addiction telephone helpline.

Community services for:

people and families experiencing social or financial hardship
people who need support to live independently.

Disability services, including services and activities funded by the NDIS.

Respite care services

Emergency services staff

Other activities and services for children and vulnerable people

Public transport, for example:

a school bus service
a minibus transporting detainees to or from a remand centre
a wheelchair accessible taxi service.

Coaching and tuition, provided by a commercial entity, for children or other vulnerable people accessing a regulated activity.

Vocational and educational training specifically for children or other vulnerable people accessing a regulated activity. For example:

a pathways to employment program
an adult English language, literacy and numeracy skills program
an industry training service

Religious organisations or a person acting for the organisation if the activity or service is for, or mainly used by, children or other vulnerable people. For example:

Sunday school
counselling provided by a minister of religion.

Clubs, associations and movements if they have significant membership or involvement by children or other vulnerable people, for example:

a children’s football team
an art class for people who need help to live independently.

Find out how to apply for a WWVP registration.

If you work for a registered NDIS service provider

You may need a WWVP registration with NDIS worker clearance.

Read about the WWVP and the NDIS.

When you don't need a WWVP registration

You do not need to apply for a WWVP card if any of the following apply:

your contact with vulnerable people is 'incidental contact'. For example, you work in the same building as a vulnerable person but have no physical contact, face-to-face or other communication with them.
you only work or volunteer with vulnerable people in a job which needs you to be registered with the Australian Health Practitioner Regulation Agency
you're under 16 years old
you're not working or volunteering for more than 3 days in a 4-week period or 7 days in a 12-month period
you have a valid Working with Children Check or equivalent from another state or territory AND you're not working or volunteering for more than 28 days in any 12-month period.

Working without a WWVP registration

A WWVP registration is not an employment or character check.

Not having a WWVP registration should not stop you from being employed:

in roles that are not regulated activities
where you only have incidental contact with vulnerable people.

If you receive a negative notice, or are not registered due to other reasons, you may still be employed in suitable positions that are not a regulated activity.

If you've been charged with or found guilty of offences

When you apply for WWVP registration, you'll need to tell us about any offences you’ve been charged with or found guilty of in Australia or overseas.

This includes non-conviction information, such as lapsed, discharged, outstanding or withdrawn charges.

It also includes:

acquittal
set aside or quashed convictions
spent convictions.

Relevant offences

After you apply for WWVP registration, we'll check your background for relevant offences and other information.

A list of relevant offences is at section 11A of the Working with Vulnerable People (Background Checking) Act 2011.

Relevant offences and information we consider include:

criminal history – a conviction or finding of guilt for a relevant offence
non-conviction information – a charge for a relevant offence where there has not been a finding of guilt. For example, a charge waiting on a court outcome, or a charge that was withdrawn, dismissed or acquitted.
investigations by child protection agencies, investigations under the Reportable Conduct Scheme, and professional misconduct.

Risk assessments

If our background check finds relevant offences or information, we'll conduct a risk assessment.

This helps us decide if you should be registered and the type of WWVP registration you can receive.

It considers your level of risk and whether registering you is in the best interests of vulnerable people.

To conduct a risk assessment, we follow the Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2024.

If we need more information for the risk assessment

We may ask you for more information to help us with the risk assessment.

You can decide if you want to provide the information. If you do not, it may affect the outcome of your registration. For example:

your registration may have restrictions
it could mean we cancel your application
we may refuse to assess your application if you do not work or volunteer in a position that requires a WWVP registration.

Other people we may contact

We may get advice from other people or organisations who may have information about whether you're suitable. This can include:

any person or organisation
other regulatory authorities
independent advisors who include people with qualifications and expertise in relevant fields. For example, forensic or clinical psychology, domestic violence, drugs and alcohol, mental illness.
Australian law enforcement agencies.

If we place an interim bar on your application

You cannot work or volunteer in some of the activities while your application is pending. You’ll get an email or letter if an interim bar is placed on your WWVP application.

An interim bar stops you from working or volunteering in:

regulated activities or services involving children
NDIS activities.

The interim bar ends when we make a final decision on your WWVP application.

If you want to withdraw your application

You cannot withdraw your application if we've placed an interim bar on it. You can withdraw your application at any other time.

To withdraw your application, write to RiskAssessments@act.gov.au.

You will not get a refund of your application fee.

If your WWVP registration is urgent

You can email RiskAssessments@act.gov.au and provide reasons why your application is urgent.

We may ask you for evidence of your claims. We will consider your request based on what you provide.

We will not prioritise applications:

for volunteers unless exceptional circumstances apply
if you can work or volunteer under supervision while your application is pending
for kinship carers because you can provide care without restrictions while your application is pending.

If your application is for work, it is already prioritised over volunteer applications.

If we refuse your registration

You’ll get a letter or an email explaining why your registration was refused.

We refuse registrations where we determine that you present an unacceptable risk to a vulnerable person while working or volunteering in a regulated activity.

Your application will receive a ‘negative notice’, which means:

you will not get a WWVP registration
you cannot work or volunteer in any regulated activity
we will tell the employer you nominated on your application form. We will not tell them the reasons for our decision, unless you give us consent.

Getting a decision reviewed

If you receive a restricted registration or negative notice, you’ll get a letter to explain:

the reasons for this decision
if you have the right to a decision review and how to ask for one.

When you ask us to reconsider our decision, you'll need to provide new or corrected information for a revised risk assessment.

When we will not review decisions

You cannot get a decision reviewed if you have a Class A disqualifying offence.

You cannot appeal this decision unless you can prove you’ve been mistaken for someone else.

If the internal review has the same outcome

You may be able to apply to the ACT Civil and Administrative Tribunal (ACAT) for an external review of the decision. There are time limits to appeal and fees may apply.

Your decision letter will explain how to apply to ACAT.

When you're unlikely to get a WWVP

Some offences disqualify you from participating in a regulated activity. This means either:

you will not get a WWVP registration
your registration will have limits.

Class A disqualifying offences

Class A offences automatically exclude you from participating in a regulated activity involving children or an NDIS activity.

Examples of Class A offences include:

murder
assault occasioning actual or grievous bodily harm against a vulnerable person
sexual offences against a vulnerable person.

If you have a finding of guilt or conviction for a Class A offence, you will receive a ‘negative notice’.

You cannot appeal this decision unless you can prove you’ve been mistaken for someone else, or you get acquitted of the offence.

Negative notices that restrict or prohibit a person from child-related regulated activities are added to the National Reference System.

Kinship and foster carers

A kinship carer with a Class A offence is treated as having a Class B offence and we will assess the registration further.

Kinship and foster carers who are not eligible to register with the WWVP scheme can be assessed for suitability to care for a child in exceptional circumstances.

This is to ensure children can stay in stable care arrangements connected to family, community and cultural identity. We consider whether it is in the child’s best interests and where there is no unacceptable risk posed to the child.

To be considered, you must be a one of the following:

a family member
a ‘significant person’ (a kinship carer)
someone who has had contact and experience with a child or young person, such as within an existing out-of-home care placement (a foster carer).

The ACT Government will need to be satisfied that you are able to provide appropriate care to the child or young person, and you will be assessed for suitability to care for a child under the Children and Young People Act 2008.

Class B disqualifying offences

If you have a Class B offence, you will be risk assessed. To receive registration, you will need to provide evidence of exceptional circumstances.

Examples of Class B offences include:

child neglect
sexual offences
drug, fraud and theft offences.

Individuals (including foster carers) with a pending charge, conviction or finding of guilt for a Class B offence are risk assessed.

If you have a pending charge for a Class A offence you will also need to demonstrate that there are exceptional circumstances.

Example offences and registration conditions

These examples explain how we consider offences and the types of conditions we might put on a registration.

Monitoring registered people

Access Canberra monitors your activities during your registration. We also communicate with similar agencies and police agencies interstate.

Read about WWVP compliance and reporting.

Using your personal information

Our staff have access to your information to process and assess your suitability for registration. We will protect your personal information by following privacy laws.

We will always get your consent to share information, unless the WWVP Act or other laws require us to share it with law enforcement and government agencies.

View the Access Canberra Privacy Policy.