Alleged sex offenders can still hold a WWCC clearance while under investigation but not yet charged or convicted
New laws on Victoria’s Working With Children Check regime have passed parliament but the government admits loopholes remain, including the ability for alleged sex offenders to hold a WWCC clearance while under investigation.
New laws to address flaws in Victoria’s Working With Children Check regime have passed parliament, but the government has conceded gaping loopholes remain in place.
Among them, the ability for alleged sex offenders to continue to hold a WWCC clearance while under investigation but not yet charged or convicted.
The Allan government and crossbench MPs blocked moves by the Opposition to immediately fix the loophole, saying they would instead address it with further legislation.
Minister for Children, Lizzie Blandthorn, also came under attack for going missing in action during debate about the legislation.
Ms Blandthorn was absent from the Legislative Council during questioning about the new laws, instead leaving Corrections Minister Enver Erdogan to answer questions.
Senior Liberal, Georgie Crozier, said Ms Blandthorn’s absence was wholly inappropriate.
“I find it extraordinary that we do not even have the Minister for Children, who is responsible for a large part of these issues, in the house,” she said.
“She has fled the chamber and will not be taking questions or understanding the implications.
“I find this a gross cover-up and an extraordinary move by the government.
“What the government are trying to do is correct the wrongs that they have so badly failed on over the last three years.
“What this bill does is a number of things, but it does not go anywhere near what the Shadow Attorney-General Michael O’Brien and Shadow Minister Jess Wilson brought into this Parliament three weeks ago to strengthen the working with children checks and to ensure that children are not at risk.”
The government blocked the Opposition bill earlier this month which sought to address recommendations made by former Victorian Ombudsman Deborah Glass in 2022.
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.
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.
Mr Erdogan conceded that concerning loopholes remained with the existing regime, but said they would be addressed with further legislation.
Shadow Minister for Education, Jess Wilson, said: “Premier Allan has failed a test of leadership and has left Victorian children at unacceptable risk.
“It is shameful that for the second time in a month Labor has voted down new laws that would fully implement recommendations from the Victorian Ombudsman designed to keep children safe.
“These are commonsense reforms that should be law now, instead under Labor they remain loopholes within a system that continues to catastrophically fail Victorian children on their watch.”
It comes as more than 170 Victorians with Working with Childrens Checks in doubt are still currently allowed to work with kids.
Attorney-General Sonya Kilkenny on Tuesday admitted that 173 people with a valid WWCC were currently being assessed to see whether they posed a risk to children.
Last month the Herald Sun 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 1000 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.
Victoria’s Working With Children Check regime was criticised as woefully inadequate in a damning review of the state’s childcare sector made public last week.
But the most recent review handed to government last week, by former South Australian Labor premier Jay Weatherill and veteran bureaucrat Pamela White reiterated calls for urgent action.
An overhaul of the existing Working With Children’s Check regime was a key feature of the report, which found the system was not fit for purpose, and among the worst in the country.
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.
Recommendations to overhaul the regime, and make it easier for clearances to be suspended or cancelled on the basis of unsubstantiated allegations, mirrored those made by Ms Glass.
Jacinta Allan has committed to implementing each of the state based recommendations made in last week’s report, more than half of the 22 in total made to both the state and federal governments.
Her commitment was matched by a $42m injection of new funding into the sector to address critical failings.
“Parents must be able to drop their children off at childcare, knowing they will be encouraged to play and learn — trusting they will be safe,” she said last week.
“That trust has been horribly broken.
“And to every family who has been hurt by these horrifying allegations, I am truly sorry.
“As a mum, I cannot begin to imagine that pain. But as Premier, I can do everything in my power to act.”
