In 2020, the tutor, who cannot be named, advertised his teaching services on the internet. He was paid by parents for lessons in several subjects, including maths, to children aged between 12 and 16.
The Department of Communities concluded the tutor had provided lessons both in person and through online video calls during the COVID pandemic in 2020. At the time he did not hold a Working with Children Check and had not renewed his Working with Children Card which expired in 2019.
By failing to submit an application for a Working with Children Check, he breached the Working with Children (Criminal Record Checking) Act 2004.
On Friday 22 April 2022, the tutor appeared in the Perth Magistrates Court where he was found guilty of the above charge.
The charge was heard before Magistrate Ayling who imposed a Community Based Order (CBO) for seven months, requiring supervision, and 40 hours of community service.
The individual was also fined $750 and ordered to pay $1263.30 in costs.
The imposition of the CBO demonstrates the court’s view of the severity of the offending with the tutor now having ongoing reporting and supervision requirements.
The magistrate indicated that the tutor did not undertake due diligence to renew his Working with Children Card after it had expired and that, particularly in his situation of working with children directly and alone, it was incumbent on him to ensure he had a valid Working with Children Card.
Western Australians have a right to expect that their children are safe when engaging with any person or organisation in child-related work. Any breach of the legislation designed to provide this protection will be taken extremely seriously.
Parents and guardians should always check that any person they engage to provide child related work holds a current Working With Children Check Card, even if that service is provided online.
Further information about Working with Children Checks and applicant and employer obligations can be obtained by visiting the Working with Children Check website.
Quotes from Phil Payne, Executive Director Regulation, Department of Communities
“The individual concerned was tutoring maths, among other subjects, but he is now counting the cost of not holding a current Working with Children Card,” Mr Payne said.
“Self-employed people who teach online or in person with children must apply for a Working with Children Check and hold a current Working with Children Card.
“The Working with Children Card is valid for three years and it is the responsibility of the person to ensure they renew the card before it expires.”
Mr Payne said any individual that does not reapply for a Working with Children Check and continues to work in child-related work without a current card is committing an offence.
“This outcome should serve as a warning to anyone who works with children of their responsibilities to ensure they have a current Working with Children Card,” Mr Payne said.
Media contact: Steve Worner 0418 918 299
