Appealing a negative notice

Appealing a negative notice

If you fail the Working with Children Check (WWCC), the Department of Justice and Regulation (the department) will issue you with a 'negative notice'. This means that you will be prevented from doing any child-related work for a period of five years, unless your circumstances change.

If you receive a negative notice, you may seek a review of the department’s decision at the Victorian Civil and Administrative Appeals Tribunal (VCAT).

Applying for a review at VCAT

VCAT has the power to review certain decisions made by the department.

If the department has refused to give you an assessment notice, or revokes a current assessment notice, you can apply to VCAT for a review.

In an application to review the department’s decision to issue a negative notice, VCAT can:

  • affirm the decision or
  • set aside the decision and direct the department to give an assessment notice or
  • send the matter back to the department for reconsideration.

VCAT must not make an order for the issuing of an assessment notice unless it is satisfied that giving the notice would not pose an ‘unjustifiable risk to the safety of children’, having regard to a number of factors.

Read more about the Working with Children Act 2005 (review and original jurisdiction orders) and VCAT applications: factors for consideration.

To apply for a review online go to Application for review of a decision – Review and Regulation. These applications are heard in the Review and Regulation List.

Time limits for reviews

Applications for review must be made within 28 days from the date of the decision of the department.

If you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998, you either have 28 days from the date the statement of reasons is given to you, or from when you are told that a statement of reasons will not be given.

Fees

An application fee of $637.10 must be paid at the time of lodging an application for review at VCAT.

If you hold a current Health Care Card you may be eligible for the concession fee rate of $156.40.

Read more about Fees at VCAT.

If you are experiencing financial hardship you may apply for fees to be waived, reduced or postponed.

Read more about Fee relief.

Get help

Find out how you can Get help with a Working with Children check.