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Loophole in Victorian Working With Children Check ignored by Allan govt

A loophole in Victoria’s Working With Children Check system — which allows individuals under police investigation for child abuse to continue working with children — remains unaddressed in the government’s new legislation.

Service Victoria app security flaw exposed: Dummy QR code able to gain access to Working With Children Checks

The Allan government has been accused of ignoring a gaping loophole in the state’s Working With Children Check laws, but the children’s minister has taken a vow of silence as to why.

New legislation is set to go before parliament on Tuesday the government has boasted would take immediate action to protect children and fixing flaws with the system.

But shadow education minister, Jess Wilson, launched a scathing attack on the proposed legislation saying it completely ignored urgent recommendations made by former Ombudsman Deborah Glass three years ago.

In her report Ms Glass said the powers of Victoria’s screening authority were among the most limited in Australia.

“Reforms to the legislation are needed to bring Victoria in line with other states and territories, and to promote the rights of children and families enshrined in Victoria’s Human Rights Charter,” Ms. Glass said at the time.

Of note was the inability for Working With Children check holders to be stripped of their clearances without a formal criminal charge, conviction or finding of guilt.

Victorian Ombudsman Deborah Glass said the powers of Victoria’s screening authority were among the most limited in Australia. Picture: Supplied
Victorian Ombudsman Deborah Glass said the powers of Victoria’s screening authority were among the most limited in Australia. Picture: Supplied

Recommendations made to government last week mirrored calls to overhaul the WWCC regime to make it easier for clearances to be suspended or cancelled on the basis of unsubstantiated allegations.

Ms Wilson said legislation before the parliament would do nothing to address a loophole that let alleged sexual offenders continue to hold their WWCC clearances.

“The Premier and her government has brought forward legislation today that does not keep children safe,” she said.

“They are failing to ensure that the Secretary has the power to reject, reassess, revoke a working with children check with any intelligence or information that would pose a risk to children.

“It is simply unbelievable that we are standing here today three years after the Victorian Ombudsman made recommendations to strengthen the working with children check system in Victoria and the government is still failing to implement those recommendations.”

The Allan government has been accused of ignoring a gaping loophole in the state’s Working With Children Check laws. Picture: David Crosling
The Allan government has been accused of ignoring a gaping loophole in the state’s Working With Children Check laws. Picture: David Crosling

Asked about why the legislation failed to act on the Ombudsman’s recommendations in parliament on Tuesday, Minister for Children, Lizzie Blandthorn, refused to say.

She said the legislation was not her responsibility, and instead referred questions to Attorney-General Sonya Kilkenny.

Last month the Herald Sun can revealed accused offenders were being allowed to continue working with children while under police investigation despite being flagged as potentially dangerous.

The loophole was highlighted by Horsham man Ron Marks who was convicted and sentenced for accessing almost 1,000 images of heinous child abuse material including bestiality and torture imagery.

But almost two years after police raided his home and seized the vile images he was free to visit kindergartens and schools to teach kids about Indigenous knowledge.

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Original URL: https://www.heraldsun.com.au/news/victoria/loophole-in-victorian-working-with-children-check-ignored-by-allan-govt/news-story/dbd57da5796cfd9f99e54d2b905c1fa6