Actioning an Interim Negative Notice or Negative Notice

An Interim Negative Notice may be issued in some cases when the WWC Screening Unit receives information relevant to the immediate safety of children (e.g. a charge or conviction for a relevant offence). This prohibits a person from engaging in child-related work during the assessment or re-assessment until a final decision is made.

If the WWC Screening Unit’s assessment or re-assessment of a person’s eligibility to hold a WWC Card indicates an unacceptable risk to children they will be issued with a Negative Notice. For more information about the assessment process please click here.

If you know that an employee, volunteer or student holds an Interim Negative Notice you should be aware that:

• It is an offence for you to engage the person in paid, unpaid or voluntary child-related work in Western Australia and the Christmas and Cocos (Keeling) Islands.
• The Interim Negative Notice has effect until a final decision is made on the application and a Negative Notice or Assessment Notice is issued. An Interim Negative Notice immediately cancels a current WWC Card.

If you know that an employee, volunteer or student holds a Negative Notice you should be aware that:

• It is an offence for you to engage the person in paid, unpaid or voluntary child-related work in Western Australia and the Christmas and Cocos (Keeling) Islands.
• The Negative Notice continues to have effect unless cancelled under the WWC Act. A person can apply to have the decision reviewed by the State Administrative Tribunal within 28 days of them receiving the Notice. In certain circumstances they can also apply to the WWC Screening Unit to cancel their Negative Notice.

What to do if an employee, volunteer or student is issued with an Interim Negative Notice or Negative Notice:

• You MUST remove the individual from child-related work immediately. You will be contacted by a WWC Compliance Officer to ensure this has occurred. An Interim Negative Notice or Negative Notice does not mean the person cannot be employed by you in work other than child-related work.
• Keep records about the Notice confidential and record the action(s) taken by your organisation.
• You may wish to seek legal advice.

It is highly recommended that you develop a procedure or process to follow should an employee, volunteer or student be prohibited from child-related work. This will give confidence to staff and ensure fairness and transparency in the process.