Working With Children Checks (NSW)

In New South Wales, a person wanting to undertake child-related employment or volunteer work, must obtain a Working With Children Check (WWCC). This is a review of a National Police Check and any reportable workplace misconduct on a person’s record. This page deals with Working With Children Check in New South Wales.

Legislation

WWCCs are governed by the Child Protection (Working With Children) Act 2012.

Who needs a WWCC?

In New South Wales, anyone who wants to engage in work where they may have contact with children must apply for a Working With Children Check. This includes professionals such as teachers and lawyers, and volunteers such as sports coaches.  

Applying for a WWCC

When a person applies for a WWCC, the Office of the Children’s Guardian (OCG) will consider:

• any charges or police investigations of them
• any findings of guilt against them, including ones where no conviction was recorded

any other information relating to their behaviour around children.

To apply for a Working With Children Check, you need to visit this site and hit the ‘Apply online’ button.

You must be over 18 to apply and must have four proof of identity documents. Applications take up to four weeks to be approved.

Applying for review of a decision

If an application for a WWCC is refused, the application can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review of this decision. This application must be made within 28 days of the decision.

If the OCG has concerns that there is a likely to risk to children, it will issue an interim bar, forbidding the application to engage is child-related work, until the assessment has been completed.  

A person who is the subject of an interim bar much immediately cease working with children until a final decision has been made. An interim bar can also be appealed to the NCAT after six months have passed.

An interim bar cannot be appealed if:

• there are ongoing proceedings relating to a disqualifying offence
• the applicant has been convicted of a disqualifying offence and sentenced to full time imprisonment or certain other sentencing orders

How is an application for a WWCC decided?

When a person applies for a WWCC, a risk assessment is conducted based on all the information that is available. This means that if the person has had a charge for a disqualifying offence laid against them, they may be refused a WWCC clearance even if they were not found guilty of the offence.

When considering an application, the OCG will take into account any criminal matters and any workplace misconduct matters on the person’s record. It will take into account how long ago these events occurred, the applicant’s conduct in the intervening period, their age and the seriousness of their record. It will also consider the likelihood of the offences being repeated and the impact of the offences on children.

Disqualifying offences

Schedule 2 of the Act sets out the offences that are disqualifying offences. These include murder, manslaughter of a child, intentional wounding of a child, rape and attempted rape, and child sex offences.  

Workplace misconduct

A person may also be barred from working with children if they have been the subject of a workplace misconduct investigation even where this did not result in criminal charges. Reportable misconduct includes sexual misconduct committed against or in the presence of a child and any serious physical assault of a child.

Period of clearance

When a person is cleared as the result of a Working With Children Check, this clearance generally has a duration of five years unless it is cancelled or revoked before that period has expired. However, the period of a WWCC may be shortened on application or at the discretion of the Children’s Guardian.

The holder of a check may apply for a new one three months before its expiry.

Disqualification period

When a person is refused a WWCC, they are disqualified for applying for another one for a period of five years. However, a disqualified person may apply to the tribunal for an order that they not be treated as a disqualified person.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.