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Shocking loophole in child safety: Thousands of Working With Children Checks miss overseas criminal records

31 August, 2025

A major flaw in Victoria’s new Working With Children Check (WWCC) laws has raised serious concerns over the safety of children.

Despite government promises that new reforms would strengthen child protection, it has now been revealed that overseas criminal records of migrant applicants are not being checked at all.

The loophole

Government sources admit there is no way to verify criminal histories from applicants’ home countries. Applications rely solely on Australian records, leaving dangerous gaps that overseas offenders could exploit.

This means people convicted abroad of serious crimes may still gain clearance to work with children in Australia.

Childcare sector under strain

A rapid review of the early childhood education sector recently found severe staff shortages, high turnover, and increasing reliance on overseas workers. To address the crisis, the government is offering up to $9,000 and relocation support for qualified migrants.

But these workers enter the system without thorough background checks, since foreign police records cannot be accessed. One in three childcare workers in Victoria was born overseas, a much higher proportion than in most other sectors.

Political backlash

Opposition Leader in the Upper House David Davis called the loophole “a massive risk.”
“There is no mechanism to check overseas police records. This leaves our children exposed,” he said.

Shadow Attorney-General Michael O’Brien added:
“The safety of Victorian children now depends on overseas criminals being honest about their past. That is unacceptable and dangerous.”

The government did not deny the loophole but insisted that reforms would increase transparency and information-sharing between agencies.

Warnings ignored

This revelation follows claims that the Allan government ignored a 2022 warning from former Ombudsman Deborah Glass, who declared the system “unfit for purpose.”

Although new legislation was passed last week, major flaws remain—including the fact that alleged sex offenders can hold a WWCC until formally charged or convicted.

The opposition has demanded urgent action, but the government insists further reforms will come later.

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