If you are a person who works with children, or who comes into contact with children during the course of your work then you should know that there may be implications for you if you have particular Apprehended Violence Orders made against you.
What type of AVO may have implications for child-related employment?
Any final apprehended violence order for which a person under 16 years of age is named as a protected person.
What are the implications?
Whenever a person applies for a position that may cause them to come into contact with children has to be subjected to a “Working With Children Check”. That check may reveal that the person is a “prohibited person” who cannot work with children, or otherwise will assess the risk that the person poses to any children.
There are three levels of risk estimate:
- No greater risk than anyone else,
- Some risk, or
- Significant risk.
If a person has had a final AVO made against them for the protection of any child then that fact alone will increase their estimated level of risk in a Working With Children Check. Therefore, it is important that any person whose employment involves working with children obtains proper legal advice before consenting to a final AVO where there are children involved.
If you have had an application for an AVO made against you and want legal advice, please contact Michael Burke, Maria Walz or Kara Greiner of the Burke Elphick and Mead Criminal Law Team.