Working With Vulnerable People scheme

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

A vulnerable person can be a child, or an adult experiencing disadvantage.

Disadvantage includes:

a physical or mental disability
experiencing social or financial hardship
an inability to communicate
difficulty communicating in English.

If you will have regular contact with vulnerable people while working or volunteering in a regulated activity, you need to have a background check.

This determines whether you’re suitable to hold a registration under the WWVP scheme.

Access Canberra decides registrations based on your level of risk to vulnerable people and if it is in the best interests of vulnerable people.

Read about applying for a WWVP registration.

Regulated activities

When you apply for a WWVP registration, Access Canberra checks your background. This is to check if you might pose a risk to vulnerable people while engaging in a regulated activity.

It is an offence to work or volunteer in a regulated activity without a WWVP registration. Fines up to $7,000 and/or 2 years imprisonment can apply.

A regulated activity is an activity, service or support provided to vulnerable people for:

Child accommodation, education, or protection services
Childcare services
Coaching and tuition
Commercial services for children
Community services
Counselling and support services for children
Disability services
Justice facilities for children
Religious organisations
Respite care services
Services for homeless people
Victims of crime
Clubs, associations, and movements
Emergency services personnel
Housing and accommodation
Justice facilities
Mental health
Migrants, refugees, and asylum seekers
NDIS activity
Prevention of crime
Services for addictions
Transport
Vocational and educational training.

Disqualifying offences

Some offences disqualify you from participating in a regulated activity. This means you either can’t have a WWVP registration or will have limits on your registration.

Class A disqualifying offences

Class A offences automatically exclude you from participating in a regulated activity involving children or an NDIS activity. Class A offences include but aren’t limited to:

murder
culpable driving causing death
sexual offences against vulnerable people.

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

A negative notice means Access Canberra assessed you as posing an unacceptable risk to vulnerable people if engaging in a regulated activity.

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

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

Read about requesting reconsideration and formal appeals for a decision.

Kinship and foster carers

A kinship carer with a Class A offence is treated as having a Class B offence and Access Canberra 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 remain in stable care arrangements connected to family, community and cultural identity. Consideration is given to 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

People with Class B offences will be risk assessed and only under exceptional circumstances will be issued with a registration. Class B offences include but aren’t limited to:

child neglect
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.

Relevant offences

When you apply, you disclose any relevant offences you’ve been charged with or found guilty of.

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

It includes:

acquittal
set aside or quashed convictions
infringement notices (such as speeding tickets)
spent convictions.

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

Access Canberra will conduct a background check. A risk assessment will be undertaken if you have relevant offences. You may be asked by Access Canberra to provide additional information for your assessment.

Scenario examples

These scenarios help explain how offences are considered and whether conditions might be imposed.

Monitoring during registration period

Access Canberra monitors your activities for the duration of your registration.

We also communicate with similar agencies and police agencies interstate.

Read about WWVP compliance and reporting.

Registrations related to NDIS activities are on the national NDIS Worker Screening Database.

Use of personal information

Access Canberra staff have access to your information for processing and assessing suitability for registration.

We may need to share your information with law enforcement and government agencies as required by the WWVP Act and other legislation.

View the Access Canberra Privacy Policy.

Not everyone needs a WWVP registration

You don't need a WWVP registration if:

you are under 16 years old
you are 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 in another state or territory AND you are not working or volunteering for more than 28 days in any 12-month period.

A WWVP registration is not an employment or character check.

Not all positions involving contact with vulnerable people need a WWVP registration.

You only need an WWVP if you will have more than 'incidental contact' with vulnerable people during regulated activities.

Incidental contact is when a person works in the same building as a vulnerable person but has no physical contact, or face to face or other communication with them.

Not having a WWVP registration should not stop you from gaining suitable employment in an organisation, unless all positions need it.

People who:

are not registered
have a positive registration with restrictions
receive a negative notice

may still be employed in suitable positions that are not a regulated activity.

Read about WWVP compliance and reporting.

WWVP and the NDIS

If you work for a registered National Disability Insurance Scheme (NDIS) service provider, you may need an NDIS Worker clearance and a Working with Vulnerable People (WWVP) registration.

Read about the WWVP and the NDIS.