This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Lawyers and VLA staff who work with children

Information about working with children checks for lawyers and VLA staff.

Lawyers who work with children

Lawyers who work with children are not specifically mentioned in the Working with Children Act 2005 or the regulations, however the Legal Services Board and Commissioner has the power to request a Police Check to ensure that a lawyer is a fit and proper person to hold a practicing certificate.

VLA staff who work with children

VLA staff are required to have a working with children check if they are doing 'child related work' as defined in the Worker Screening Act 2020 (Vic). That is, if they have regular contact with children as part of their job. This applies to students, volunteers and contractors. Contact VLA's Internal Legal Services if unsure whether this applies. VLA will pay for the costs of these checks where they are required.

See VLA policies and procedures—Working with Children Check policy(opens in a new window).

More information

Legislation

Legal Profession Uniform Law Application Act 2014 (Vic)

  • s. 17(10(c), (2)—prerequisite that person be a fit and proper person; local regulatory authority may have regard to any matter relevant to the person's eligibility or suitability for admission, however the matter comes to its attention
  • s. 19—compliance certificates
  • s. 45—local regulatory authority must not grant or renew an Australian practicing certificate if it considers that the applicant is not a fit and proper person to hold the certificate and may have regard to the uniform rules to determine this

See Legal Profession Uniform Law Application Act 2014 (Vic)(opens in a new window).

Reference

VLA policies and procedures (intranet)

See VLA policies and procedures—Working with Children Check policy(opens in a new window).

Updated