A Victorian man has failed in his legal bid to be exempted from obtaining a Working With Children Check, with a tribunal ruling his decades-old criminal history remains relevant to child safety assessments.
VCAT Upholds Decision on Historical Offences
The Victorian Civil and Administrative Tribunal recently dismissed an application from a man, referred to in proceedings as 'QEQ', who sought a review of the Department of Justice and Community Safety's refusal to grant him an Assessment Notice. This notice is required to work or volunteer in child-related roles under the Worker Screening Act 2020.
The core of the case centred on offences committed by the man in the 1990s, specifically in 1994 and 1998. While the specific details of the crimes were not fully disclosed in the public ruling, VCAT Senior Member Jonathan Smithers noted they were of a "serious violent nature" and resulted in significant prison sentences.
The tribunal heard that the man had not reoffended in the intervening years and had presented positive character references. He argued that the historical nature of his crimes meant they should no longer be a barrier to working with children.
"Reasonable Person" Test Applied by Tribunal
In delivering its decision, VCAT applied the critical test outlined in the Act: whether a reasonable person would allow their child to have direct contact with the applicant while they were engaged in child-related work. Furthermore, the tribunal considered if the applicant's engagement in such work would pose an unjustifiable risk to children.
Senior Member Smithers acknowledged the man's lengthy period of good behaviour but concluded the nature of the past offences was too severe to overlook. "The fact that they are now historical does not cause them to fade into insignificance," he stated in the written determination.
The tribunal found that a reasonable person, aware of the full history, would not allow contact, and it could not be satisfied that an unjustifiable risk to children would not exist.
Implications for Child Safety and Employment
This ruling reinforces the stringent nature of Victoria's Working With Children Check system, which is designed as a preventative measure to protect children. The decision highlights that serious historical offending can still be a determining factor, even after many years of lawful conduct.
For the applicant, the outcome means he remains ineligible to engage in paid or volunteer work that is classified as child-related without passing the check. The types of roles covered by the legislation are broad, including education, coaching, childcare, and religious instruction.
The VCAT decision serves as a clear precedent, affirming that the primary consideration under the Act is always the protection of children from potential harm, weighing heavily against an individual's desire for employment or community participation in specific fields.
