Child Protection (Working with Children) Act 2012 (NSW)
Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 No 14, Sch 1[25] to the extent that it inserts sec 36B(3)(d) (not commenced)
Child Protection (Working with Children) and Other Legislation Amendment Act 2025 No 56, Sch 1[9] and [18], to the extent that it inserts Sch 3, cl 28 (not commenced — to commence on 1.12.2025)
Crimes Amendment (Intimate Image and Audio Material) Act 2025 No 57 (not commenced)
Crimes Amendment (Animal Sexual Abuse) Act 2025 No 67 (not commenced)
An Act with respect to checks and clearances for the purposes of working with children; and for other purposes.
This Act is the Child Protection (Working with Children) Act 2012.
This Act commences on a day or days to be appointed by proclamation.
The object of this Act is to protect children—
(a) by not permitting certain persons to engage in child-related work, and
(b) by requiring persons engaged in child-related work to have working with children check clearances.
For other legislation relating to the safety, welfare and well-being of children, and the related functions of the Children’s Guardian, see the Children’s Guardian Act 2019. In particular, see section 128 and Part 6 of that Act.
The safety, welfare and well-being of children and, in particular, protecting them from child abuse, is the paramount consideration in the operation of this Act.
In this Act—
(a) a person who, in the course of business, arranges for the placement of a person in employment with others, or
(b) a person who engages a person under a contract to perform work, or
(c) a person who engages a worker to perform work as a volunteer for the person under an agreement (whether written or unwritten).
(a) the chief executive of the organisation,
(b) the principal officer—if the organisation is a designated agency, a registered agency or an accredited adoption service provider,
(c) any other position in the organisation that is of a kind prescribed by the regulations.
(a) any employer or proposed employer of the applicant or holder in respect of child-related work,
(b) if the applicant or holder resides on the same property as an authorised carer or carer applicant—the designated agency that authorised the carer or to whom the carer applicant made the application,
(c) if the applicant or holder resides on a property where a family day care service is provided—the approved provider of the service,
(d) if the applicant or holder is a prospective adoptive parent or an adult resident within the meaning of section 11—the relevant decision-maker (within the meaning of that section) in relation to the prospective adoptive parent,
(e) if the applicant or holder is a prospective guardian or an adult resident within the meaning of section 11A—the relevant decision-maker (within the meaning of that section) in relation to the prospective guardian,
(f) any other person prescribed by the regulations.
(a) an accredited adoption service provider—has the same meaning as in the Children’s Guardian Act 2019, or
(b) a designated agency or a registered agency—has the same meaning as in the Children’s Guardian Act 2019.
(a) as an employee,
(b) as a self-employed person or as a contractor or subcontractor,
(c) as a volunteer,
(d) as a person undertaking practical training as part of an educational or vocational course (other than as a school student undertaking work experience),
(e) as a minister, priest, rabbi, mufti or other like religious leader or spiritual officer of a religion or other member of a religious organisation.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
Subject to subsection (2), a person
The regulations may prescribe circumstances in which a person is, or is not, taken to reside on a property (including by prescribing circumstances in which 2 persons are, or are not, taken to be residing on the same property).
A reference in this Act to a
A person’s
(a) convictions (including convictions that have been spent, quashed or set aside or for which a pardon has been granted), despite anything to the contrary in the Criminal Records Act 1991, and
(b) criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, and
(c) convictions or findings to which section 579 of the Crimes Act 1900 applies (despite the provisions of that section).
In this section—
A worker is engaged in
(a) the worker is engaged in work referred to in subsection (2) that involves direct contact by the worker with a child or children and that contact is a usual part of and more than incidental to the work, or
(b) the worker is engaged in work in a child-related role referred to in subsection (3).
The work referred to is work for, or in connection with, any of the following that is declared by the regulations to be child-related work—
(a) child development mentoring and counselling services for children,
(b) child protection child protection services,
(c) children’s health services the provision of health care in wards of hospitals where children are treated and the direct provision of other child health services,
(d) clubs or other bodies providing services for children clubs, associations, movements, societies or other bodies (including bodies of a cultural, recreational or sporting nature) providing programs or services for children,
(e) disability services respite care or other support services for children with a disability,
(f) early education and child care education and care services, child care centres, nanny services and other child care,
(g) education schools or other educational institutions (other than universities) and private coaching or tuition of children,
(h) entertainment for children sporting, cultural or other entertainment venues used primarily by children and entertainment services for children,
(i) justice services detention centres (within the meaning of the Children (Detention Centres) Act 1987) and juvenile correctional centres (within the meaning of the Crimes (Administration of Sentences) Act 1999),
(j) religious services any religious organisation,
(k) residential services refuges used by children, long term home stays for children, boarding houses or other residential services for children and overnight camps for children,
(l) transport services for children transport services especially for children, including school bus services and taxi services for children with a disability and supervision of school road crossings,
(m) other any other service for children prescribed by the regulations.
The following roles are referred to—
(a) an approved provider or manager of an education and care service,
(b) a nominated supervisor (within the meaning of the Children (Education and Care Services) National Law (NSW) of an education and care service,
(c) an authorised carer,
(d) an assessment officer (within the meaning of section 27A of the Children and Young Persons (Care and Protection) Act 1998),
(e) the principal officer of a designated agency,
(f) the principal officer of an accredited adoption service provider,
(g) any other role with respect to children prescribed by the regulations.
The regulations may provide for circumstances in which direct contact by a worker with a child or children is taken to be a usual part of and more than incidental to a worker’s work.
In this section—
(a) physical contact, or
(b) face to face contact.
A worker is taken to be engaged in
The employer or proposed employer of a worker engaged in work for which a working with children check clearance is not required that involves access to confidential records or information about children may, by notice in writing to the worker, require the worker to obtain a clearance for the purposes of engaging in the work concerned.
The employer, or proposed employer, may at any time, by notice in writing given to the worker, revoke a requirement made under this section.
An employer may make or revoke a requirement under this section only with the approval of the Children’s Guardian.
A worker must not engage in child-related work unless—
(a) the worker holds a working with children check clearance of a class applicable to the work, or
(b) there is a current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work.
Maximum penalty—100 penalty units, or imprisonment for 2 years, or both.
To avoid doubt, subsection (1)(b) does not prevent—
(a) an employer or regulator requiring a worker to hold a working with children check clearance of a class applicable to child-related work before engaging in child-related work—
(i) with or on behalf of the employer, or
(ii) in the industry, sector or activity the regulator regulates, or
(b) a professional or other peak body from requiring a person to hold a working with children check clearance as a condition of membership, licensing or other registration with the body.
A worker must not engage in child-related work at any time that the worker is subject to an interim bar.
Maximum penalty—100 penalty units, or imprisonment for 2 years, or both.
It is a defence to proceedings for an offence against this section if the accused person establishes that—
(a) the accused person did not know, at the time the offence was committed, that the work concerned was child-related work, or
(b) the accused person was exempted by the regulations from the requirement to hold a clearance, or
(c) the offence was consequential on the relevant accused person being subject to an interim bar, having an application for a clearance refused or terminated or having a clearance cancelled and, at the time that the offence was committed, the accused person did not know about the interim bar, refusal, termination or cancellation.
Division 3 also requires adult persons residing with authorised carers or approved providers of education and care services and potential adoptive parents to hold clearances or to have a current application for a clearance.
An employer must not commence employing, or continue to employ, a worker in child-related work if the employer knows or has reasonable cause to believe that—
(a) the worker is not the holder of a working with children check clearance that authorises that work and that there is no current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work, or
(b) the worker is subject to an interim bar.
Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.
See section 8(1A), which clarifies that an employer may require a worker to hold a working with children check clearance before engaging in child-related work with or on behalf of the employer.
It is a defence to proceedings for an offence against this section if the accused person establishes that, at the time the offence was committed—
(a) the accused person had been advised by the Children’s Guardian that the worker was the holder of a clearance or that there was a current application by the worker for a clearance, or
(b) the worker was exempted by the regulations from the requirement to hold a clearance.
This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a
(a) the employment is child-related work, and
(b) the placement agency is a person or a person of a class declared by the regulations to be subject to this section.
For the purposes of applying this section to a placement agency referred to in subsection (3), the placement agency is taken to employ the worker during any period in which the placement agency arranges for the employment of the worker in child-related work.
An employer must not commence employing, or continue to employ, a worker in child-related work unless the employer has obtained and verified the worker’s relevant details and made a record of those relevant details.
The worker’s
(a) the worker’s full name and date of birth,
(b) the working with children number of the worker’s clearance or the application number of the worker’s current application,
(c) the expiry date for each clearance of the worker, being the date on which the clearance ceases to have effect.
The worker’s relevant details are taken to have been
An employer who employs a worker in child-related work must ensure that the record kept under subsection (1) in relation to a worker is updated no later than 5 working days after the expiry date for each clearance of the worker.
An employer must retain a record made under this section—
(a) during the period in which the worker carries out child-related work for the employer, and
(b) for a period of at least 7 years after the worker ceases to carry out child-related work for the employer.
An employer who, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.
Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a
(a) the employment is child-related work, and
(b) the placement agency is a person or a person of a class declared by the regulations to be subject to this section.
For the purposes of applying this section to a placement agency referred to in subsection (7), the placement agency is taken to employ the worker during any period in which the placement agency arranges for the employment of the worker in child-related work.
This section does not apply—
(a) in respect of an employer if the employer is an individual who is the parent of, or has the care of, a child or young person and the child-related work relates to that child or young person, or
(b) in respect of a worker who is exempted by the regulations from the requirement to hold a clearance, or
(c) in respect of an employer who is exempted by the regulations from this section.
A licensing authority must not issue a relevant licence to a person unless the licensing authority has obtained and verified the person’s relevant details and made a record of those relevant details.
The person’s
(a) the person’s full name and date of birth,
(b) the working with children number of the person’s clearance or the application number of the person’s current application,
(c) the expiry date for each clearance of the person, being the date on which the clearance ceases to have effect.
The person’s relevant details are taken to have been
A licensing authority must ensure that the record kept under subsection (1) in relation to a person who is the holder of a relevant licence issued by the licensing authority is updated no later than 5 working days after the expiry date for each clearance of the person.
A licensing authority must retain a record made under this section—
(a) during the period in which the person holds a relevant licence issued by the licensing authority, and
(b) for a period of at least 7 years after the person ceases to hold a relevant licence issued by the licensing authority.
A licensing authority that, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.
Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
This section does not apply—
(a) in respect of a licensing authority that is exempted by the regulations from this section, or
(b) in respect of the issue of a licence to a person who is exempted by the regulations from the requirement to hold a clearance.
In this section—
(Repealed)
The governing body of an organisation must ensure that a person is not appointed on a permanent basis to a key position in the organisation that involves child-related work unless the person is the holder of a working with children check clearance of a class applicable to that work.
Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.
It is a defence to proceedings for an offence against subsection (2) if the governing body establishes that, at the time the offence was committed—
(a) the governing body had been advised by the Children’s Guardian that the person was the holder of a clearance, or
(b) the working with children register showed that the person was the holder of a clearance, or
(c) the governing body was exempted by the regulations from the requirements of this section or the person was exempted from the requirement to hold a clearance.
The governing body of an organisation must ensure that whenever a person is appointed on a permanent basis to a key position in the organisation that involves child-related work—
(a) a record is kept of how the governing body determined that the person held a working with children check clearance of a class applicable to that work, and
(b) that record is retained by the organisation for at least 7 years.
Maximum penalty—50 penalty units.
Nothing in this section prevents a person being appointed to a key position on a conditional basis, if there is a current application for a clearance of an appropriate class and appointment is conditional on the person obtaining the appropriate clearance as soon as is reasonably practicable and having that clearance considered by the governing body.
An adult person (other than an exempt person) who resides on the same property as an authorised carer or on a property where a family day care service is provided must hold a working with children check clearance (of any class) or have made a current application to the Children’s Guardian for a clearance.
Maximum penalty—100 penalty units, or imprisonment for 2 years, or both.
The designated agency (that authorised the authorised carer) or the approved provider (of the family day care service) referred to in subsection (1), must ensure that the adult person complies with that subsection.
Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.
For the purposes of this section, a person no longer has a clearance or a current application for a clearance if an interim bar is in effect against the person.
It is a defence to proceedings for an offence against subsection (1) if the accused person establishes that the accused person did not know, at the time the offence was committed, that the care or service referred to in that subsection was provided on that property.
It is a defence to proceedings for an offence under subsection (1) or (2) if the accused person establishes that—
(a) the adult person had been residing on the property for less than 3 weeks, or
(b) the offence was consequential on the adult person being subject to an interim bar, withdrawing an application, having an application for a clearance terminated or refused or having a clearance cancelled and the accused person—
(i) did not know about the interim bar, withdrawal, termination, refusal or cancellation, or
(ii) in the case of an adult person who resides on the same property as an authorised carer, had not known about the interim bar, withdrawal, termination, refusal or cancellation for more than 48 hours, or
(c) the adult person is the holder of a continuing residence approval granted by the Children’s Guardian.
For the purposes of the application of this Act (other than sections 9 and 9A) to an adult person required by this section to hold a clearance, the designated agency or approved provider referred to in subsection (2) is to be treated as the employer of the adult person.
In this section—
This section applies to—
(a) a prospective adoptive parent, and
(b) a person (an
adult resident ) who resides on the same property as another person while that other person is a prospective adoptive parent.
A person to whom this section applies must apply to the Children’s Guardian for a working with children check clearance of the volunteer class unless—
(a) the person holds a clearance of any class that is in force, or
(b) a current application for a clearance has been made by the person, or
(c) the person is exempted by the regulations from the requirement to hold a clearance.
For the purposes of the application of this Act (other than section 9) to a prospective adoptive parent or adult resident, the relevant decision-maker in relation to the prospective adoptive parent is to be treated as the employer of the prospective adoptive parent and adult resident.
In this section—
(a) if the prospective adoptive parent has made an application to adopt a child to the Secretary—the Secretary, or
(b) if the prospective adoptive parent has made an application to adopt a child to an accredited adoption service provider—the principal officer of the service provider.
This section applies to—
(a) a prospective guardian, and
(b) a person (an
adult resident ) who resides on the same property as the prospective guardian during the period beginning when the application for a guardianship order relating to that prospective guardian is made under section 79A of the Children and Young Persons (Care and Protection) Act 1998 and ending when it is finally dealt with.
A person to whom this section applies must apply to the Children’s Guardian for a working with children check clearance of the volunteer class unless—
(a) the person holds a clearance of any class that is in force, or
(b) a current application for a clearance has been made by the person, or
(c) the person is exempted by the regulations from the requirement to hold a clearance.
For the purposes of the application of this Act (other than sections 9 and 9A) to a prospective guardian or adult resident, the relevant decision-maker in relation to the prospective guardian is to be treated as the employer of the prospective guardian and adult resident.
In this section—
(a) if the application for the guardianship order was made by the Secretary—the Secretary, or
(b) in the case of such an application made by any other person or body—the principal officer of the designated agency responsible for assessing the prospective guardian to be a suitable person to be allocated all aspects of parental responsibility for a child or young person.
For the purposes of this section, the
(a) for any adult person who resides on the same property as an authorised carer who is authorised by a designated agency—the designated agency, or
(b) for any adult person who resides on the same property as a carer applicant whose application was made to a designated agency—the designated agency, or
(c) for any adult person who resides on a property where a family day care service is provided—the approved provider of the service, or
(d) for any adult person in respect of whom a relevant decision-maker (within the meaning of section 11 or 11A) is to be treated as an employer under either of those sections—the relevant decision-maker.
A responsible agency must verify, in accordance with this section, that each adult person for whom the agency is the responsible agency—
(a) is the holder of a working with children check clearance, or
(b) has made a current application to the Children’s Guardian for a clearance.
For the purposes of any such verification, the responsible agency must ensure that—
(a) the
relevant details of the person are obtained by the agency, being—(i) the person’s full name and date of birth, and
(ii) the working with children number of the person’s clearance or the application number of the person’s current application, and
(b) the agency has access to the working with children register, and
Note. Responsible agencies can gain access to the register by registering online with the Children’s Guardian.
(c) such of the relevant details of the person as may be required by the Children’s Guardian are entered onto the working with children register, and
(d) a record is kept of any of the following obtained from the working with children register and that record is retained by the agency for 7 years—
(i) the working with children number of the person,
(ii) the expiry date of any clearance of the person.
Verification in respect of an adult person under this section must occur as soon as practicable after the responsible agency becomes aware that it is the responsible agency for the person and then again within 5 working days after each clearance of the person ceases to have effect under section 22(1).
This section does not apply—
(a) in respect of a person who is exempted by the regulations from the requirement to hold a clearance, or
(b) in respect of a responsible agency that is exempted by the regulations from this section.
In relation to the residency of an adult person on the same property as an authorised carer, a requirement to verify that the person is the holder of a working with children check clearance is satisfied if the responsible agency verifies that the adult person is the holder of a continuing residence approval.
For the purposes of subsection (6)—
(a) a reference to the working with children number of the person includes a reference to the particulars of the continuing residence approval, and
(b) a reference to the expiry date of a clearance, or the date on which it ceases to have effect, includes a reference to the date on which a continuing residence approval ceases to have effect.
A person who is or intends to be a candidate at an election (within the meaning of the Electoral Act 2017) may apply to the Children’s Guardian for a working with children check clearance of the non-volunteer class, unless—
(a) the person holds a clearance of any class that is in force, or
(b) a current application for a clearance has been made by the person.
The Children’s Guardian may, by notice in writing given to a person, grant an approval (a
(a) the person is or was, immediately before turning 18 years of age, in the out-of-home care of the authorised carer, and
(b) the Children’s Guardian is satisfied that any risks to the safety of children associated with the person residing at the property have been sufficiently mitigated.
A continuing residence approval is sufficient authority for a person who is or was in the out-of-home care of an authorised carer before turning 18 years of age to continue to reside at the residence of the authorised carer, even though the person does not hold a working with children check clearance.
A continuing residence approval has effect for 5 years after the date it is granted or, if a shorter period is specified by the Children’s Guardian, that period.
A continuing residence approval may be renewed by the Children’s Guardian.
The Children’s Guardian may, by notice in writing served on a person, cancel a continuing residence approval granted to the person if—
(a) the Children’s Guardian is no longer satisfied that any risks to the safety of children associated with the person residing at the property have been sufficiently mitigated, or
(b) a change of circumstances occurs that, in the opinion of the Children’s Guardian, makes it no longer appropriate to continue the approval.
A continuing residence approval ceases to have effect if it is cancelled by the Children’s Guardian.
The Children’s Guardian must advise the designated agency that authorised the authorised carer of a decision to grant, refuse, renew or cancel a continuing residence approval as soon as practicable after the decision is made.
In this section—
There are to be the following classes of working with children check clearances—
(a) volunteer—authorising workers to engage in unpaid child-related work,
(b) non-volunteer—authorising workers to engage in paid and unpaid child-related work.
Despite section 8, the holder of a volunteer clearance may engage in paid child-related work if the person has been engaged in that work for a period of 30 consecutive days or less.
A person may apply to the Children’s Guardian for a working with children check clearance.
An application must—
(a) be in the form approved by the Children’s Guardian, and
(b) be accompanied by any other information required by the Children’s Guardian, and
(c) specify the class of clearance applied for.
The approved form must provide for the authorisation by the applicant of, and the consent by the applicant to, the following in connection with the application or any application under Part 4 and at any time while a clearance is in force—
(a) the conduct of a criminal record check in respect of the applicant,
(b) the disclosure of the applicant’s criminal history,
(c) other inquiries about the applicant relevant to the application or clearance,
(d) without limiting paragraphs (b) and (c), disclosure of information about the applicant relevant to whether the applicant may be subject to an assessment requirement.
The regulations may—
(a) prescribe the fee payable for an application and the manner in which it is to be paid, and
(b) require proof of identity to be provided by an applicant for a clearance in the manner prescribed by the regulations or approved by the Children’s Guardian.
The Children’s Guardian must ensure that each applicant is given an application number and that the applicant is notified of that number.
(Repealed)
An applicant may, with the consent of the Children’s Guardian, withdraw an application for a working with children check clearance at any time.
The Children’s Guardian must not consent to the withdrawal of an application for a clearance if the Children’s Guardian considers there is a likely risk to the safety of children if the applicant engages in child-related work.
The Children’s Guardian must, as soon as practicable after an application for a clearance is withdrawn by an applicant, give written notice of the withdrawal to each person the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant.
The Children’s Guardian may terminate an application for a working with children check clearance if—
(a) the applicant fails to provide, or incorrectly provides, the applicant’s—
(i) full name, or
(ii) former name, or
(iii) known aliases, or
(b) the application is a duplicate application.
The Children’s Guardian must terminate an application for a working with children check clearance if notified of the death of the applicant.
The grounds for terminating an application for a clearance under this section are in addition to other grounds on which the Children’s Guardian may terminate an application under this Act.
The Children’s Guardian must, as soon as practicable after terminating an application, give written notice of the termination to—
(a) for an application terminated under subsection (1)—the applicant, and
(b) for an application terminated under subsection (1)(a) or (2)—each person the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant.
In this section—
A person who is refused a working with children check clearance, or whose clearance is cancelled under section 23, is not entitled to make a further application for a clearance—
(a) until 5 years after the date notice of the refusal or cancellation was given to the person, or
(b) unless a further early application is permitted under this section.
A further early application is permitted if, after the date of the refusal or cancellation—
(a) relevant proceedings pending at the date of the refusal or cancellation are withdrawn or dealt with without the person being found guilty of the offence, or
(b) a relevant finding of guilt is quashed or set aside, or
(c) a relevant finding the subject of an assessment requirement—
(i) is quashed or set aside, or
(ii) otherwise expressly or impliedly ceases to have effect.
To avoid doubt, this section does not apply to a person to whom section 25A applies.
In this section—
A person is subject to an
However, the regulations may provide that, to the extent the assessment requirement relates to a matter specified in Schedule 1, clause 2B, a person is not subject to an assessment requirement in the circumstances prescribed in the regulations.
The Children’s Guardian must conduct a risk assessment of an applicant for a working with children check clearance, or the holder of a clearance, to determine whether the applicant or holder poses a risk to the safety of children if the Children’s Guardian becomes aware that the applicant or holder is subject to an assessment requirement.
The Children’s Guardian may conduct a risk assessment of the holder of a clearance if the Children’s Guardian becomes aware that the decision to grant the clearance was based on wrong or incomplete information.
Subsections (1) and (2) do not limit the circumstances in which the Children’s Guardian may conduct a risk assessment of an applicant or holder.
In making an assessment, the Children’s Guardian may consider the following—
(a) the seriousness of any matters that caused the assessment in relation to the person,
(b) the period of time since those matters occurred and the conduct of the person since they occurred,
(c) the age of the person at the time the matters occurred,
(d) the age of each victim of any relevant offence or conduct at the time it occurred and any matters relating to the vulnerability of the victim,
(e) the difference in age between the victim and the person and the relationship (if any) between the victim and the person,
(f) whether the person knew, or could reasonably have known, that the victim was a child,
(g) the person’s present age,
(h) the seriousness of the person’s criminal history and the conduct of the person since the matters occurred,
(i) the likelihood of any repetition by the person of the offences or conduct or of any other matters that caused the assessment and the impact on children of any such repetition,
(i1) any order of a court or tribunal that is in force in relation to the person,
(j) any information given in, or in relation to, the application,
(j1) any relevant information in relation to the person that was obtained in accordance with section 36A,
(k) any other matters that the Children’s Guardian considers necessary.
The Children’s Guardian may determine an applicant or holder does not pose a risk to the safety of children only if the Children’s Guardian is satisfied—
(a) a reasonable person would allow the person’s child to have direct contact with the applicant or holder—
(i) while not directly supervised by another person, and
(ii) while the applicant or holder was engaged in child-related work, and
(b) the making of the determination is in the public interest.
The Children’s Guardian may, but is not required to, notify the holder of a clearance in writing if the Children’s Guardian decides to conduct a risk assessment of the holder.
The Children’s Guardian may, by notice in writing to an applicant for a working with children check clearance or the holder of a clearance, request the applicant or holder to provide further information about an offence or other matter related to the application or clearance.
The Children’s Guardian may terminate an application for a clearance or cancel a clearance if the applicant or holder fails, without reasonable excuse, to provide further information within 3 months of the request being made and the Children’s Guardian has not withdrawn the request.
The Children’s Guardian must—
(a) as soon as practicable after terminating an application, give written notice of that termination to the applicant and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant, or
(b) as soon as practicable after cancelling a clearance, give written notice of that cancellation to the holder of the clearance and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.
The Children’s Guardian may, at any time after receiving an application for a working with children check clearance or commencing an assessment of an applicant for or holder of a clearance, determine that the applicant or holder is subject to an
(a) engaging in child-related work,
(b) residing on the same property as an authorised carer,
(c) residing on a property where a family day care service is provided.
The Children’s Guardian may make a determination under this section if it is of the opinion that it is likely that there is a risk to the safety of children if the applicant or holder engages in child-related work or resides on a property referred to in subsection (1)(b) or (c) pending the determination of the application or assessment.
The Children’s Guardian must as soon as practicable after determining that an applicant or holder is subject to an interim bar, give written notice of that determination to the applicant or holder and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant or holder.
An interim bar ceases to have effect—
(a) on notification in writing by the Children’s Guardian to the applicant or holder that the interim bar is revoked, or
(b) in the case of an applicant for a clearance, if the applicant is granted or refused a clearance, or
(c) 12 months after the interim bar takes effect,
whichever occurs first.
Subject to subsection (1A), each of the following persons (a
(a) a person convicted before, on or after the commencement of this section of an offence specified in Schedule 2, if the offence was committed as an adult,
(b) a person against whom proceedings for any such offence have been commenced, if the offence was committed as an adult, pending determination of the proceedings for the offence.
The Children’s Guardian may grant a working with children check clearance to a disqualified person only if the Children’s Guardian decides under Part 4, Division 3 that the person should not continue to be disqualified under subsection (1).
The Children’s Guardian must grant a clearance to a person who is subject to a risk assessment under Division 3 unless the Children’s Guardian is satisfied that the person poses a risk to the safety of children.
The Children’s Guardian must grant a clearance to a person if it is satisfied that the person is not a disqualified person and the person is not subject to a risk assessment under Division 3.
However, if the regulations provide for training in relation to child abuse that must be completed before a person may be granted a clearance, the Children’s Guardian must not grant a clearance to a person unless satisfied the person has completed the training in accordance with the regulations.
If the Children’s Guardian proposes not to grant a working with children check clearance to a person, the Children’s Guardian must notify the person in writing of the proposed decision and that the person may make a submission to the Children’s Guardian within the period specified in the notice.
The Children’s Guardian must consider any submission made by an applicant within that period before finally deciding the application.
This section does not apply to an application for a clearance that is made by a disqualified person.
The Children’s Guardian must notify the applicant in writing of the Children’s Guardian’s decision to grant or refuse to grant a working with children check clearance.
Notice of a decision to grant a clearance must include the working with children number.
Notice of a decision not to grant a clearance must set out the reasons for the refusal and the right to seek a review under Part 4.
The Children’s Guardian must as soon as practicable after refusing an application, give written notice of that refusal to the applicant and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant.
(Repealed)
A working with children check clearance ceases to have effect 5 years after the date it is granted, unless it is sooner cancelled or surrendered.
The holder of a clearance may apply for a new clearance at any time within the period beginning 3 months before the expiry of the clearance.
The following arrangements apply for the purpose of facilitating alignment of the periods for which a clearance granted to a person under this Act and a clearance granted to the person under the National Disability Insurance Scheme (Worker Checks) Act 2018 are in force—
(a) a working with children check clearance may, at the discretion of the Children’s Guardian and with the agreement of the applicant, be granted so as to be in force for a period of less than 5 years,
(b) the period for which a working with children check clearance is in force may be shortened after the clearance is granted at the discretion of the Children’s Guardian and on the application of the holder of the clearance,
(c) the holder of a working with children check clearance may, with the approval of the Children’s Guardian, apply for a new working with children check clearance earlier than 3 months before the expiry of the clearance,
(d) the Children’s Guardian may approve a reduction in the fee payable, or a refund of part of any fee paid, to reflect any reduction in the period for which a working with children check clearance is or is to be in force.
The Children’s Guardian must cancel the working with children check clearance of a person if the Children’s Guardian becomes aware that the person is a disqualified person or the Children’s Guardian is satisfied that the person poses a risk to the safety of children.
The Children’s Guardian must notify the holder of the clearance in writing of the Children’s Guardian’s decision to cancel the clearance.
Notice of a decision to cancel a clearance must set out the reasons for the cancellation and the right to seek a review under Part 4.
The Children’s Guardian must as soon as practicable after cancelling a clearance, give written notice of that cancellation to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.
The holder of a clearance may also be made subject to an interim bar (see section 17).
The holder of a working with children check clearance may, with the consent of the Children’s Guardian, surrender the clearance at any time.
The Children’s Guardian must not consent to the surrender of a clearance if the Children’s Guardian is of the opinion that it is likely that there is a risk to the safety of children if the holder were to engage in child-related work.
The Children’s Guardian must, as soon as practicable after consenting to the surrender of a clearance, cancel the clearance and give written notice of that cancellation to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.
The Children’s Guardian must terminate the working with children check clearance of a holder if notified of the holder’s death.
The Children’s Guardian must establish a working with children register.
The register must contain the following—
(a) particulars of applications for working with children check clearances, including the applicant’s name and date of birth, the application number, the status of the application (including whether the applicant is subject to an interim bar) and any determination to refuse the application,
(b) particulars of clearances, including the clearance holder’s name and date of birth, the working with children number, the class and expiry date of the clearance and whether the clearance holder is subject to an interim bar or has had a clearance cancelled.
The register is to be maintained in the manner and form approved by the Children’s Guardian.
The Children’s Guardian must ensure that information kept on the register is accurate and up-to-date.
The Children’s Guardian must make information on the register available to an employer, licensing authority or responsible agency carrying out a verification in respect of a person under section 9A, 9AA or 11B to the extent that the Children’s Guardian considers the information to be relevant for the purposes of the verification or for informing the employer, licensing authority or responsible agency of any interim bar, refusal of an application or cancellation of a clearance.
The regulations may make provision for or with respect to the following—
(a) any additional information that may be contained on the register,
(b) the entry of information on the register by employers or other persons,
(c) making information on the register publicly available or available to particular classes of persons.
In this part—
(a) for a decision to refuse a working with children check clearance—the applicant for the clearance,
(b) for a decision to cancel a working with children check clearance—the person who held the clearance before the clearance was cancelled,
(c) for a decision to impose an interim bar that has been in effect for more than 6 months—the person subject to the interim bar.
(a) a decision to refuse a working with children check clearance,
(b) a decision to cancel a working with children check clearance,
(c) a decision to impose an interim bar, if the interim bar has been in effect for more than 6 months.
The following persons are not entitled to apply for an internal review or disqualification reassessment—
(a) if the offence was committed as an adult and the person satisfies subsection (2)—a person who has been convicted of any of the following offences—
(i) murder,
(ii) if the person against whom the offence was committed was a child—an offence against the Crimes Act 1900, section 61B, 61C, 61D, 61E, 61F, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 61P, 63, 65A, 66, 66F, 76, 78A, 78B, 80A, 80AD, 80D, 80E or 81,
(iii) if the person against whom the offence was committed was a child—the common law offence of rape,
(iv) an offence against the Crimes Act 1900, section 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB or 66EC,
(v) an offence against the Crimes Act 1900, section 67, 68, 71, 72, 72A, 73, 73A, 74 or 76A,
(vi) an offence against the Crimes Act 1900, section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q,
(vii) an offence against the Crimes Act 1900, section 91D, 91E or 91F,
(viii) an offence against the Crimes Act 1900, section 91G, 91H, 578B or 578C(2A),
(ix) an offence against the Crimes Act 1900, section 79 or 530,
(x) an offence against the Criminal Code of the Commonwealth, section 272.8, 272.10, if it relates to an underlying offence against section 272.8, or 272.11,
(xi) an offence against the Criminal Code of the Commonwealth, section 272.9, 272.10, if it relates to an underlying offence against section 272.9, 272.12, 272.13, 272.14 or 272.15,
(xii) an offence against any of the following provisions of the Criminal Code of the Commonwealth, if the offence relates to a Class 1 offence within the meaning of the Child Protection (Offenders Registration) Act 2000—
(A) section 272.18,
(B) section 272.19,
(C) section 272.20,
(xiii) an offence against the Criminal Code of the Commonwealth, section 273.5, 273.6, 273.7, 471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 474.19, 474.20, 474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26 or 474.27,
(xiv) an offence against the Customs Act 1901 of the Commonwealth, section 233BAB involving items of child pornography or child abuse material,
(xv) an offence an element of which is an intention to commit an offence listed in subparagraphs (i)–(xiv),
(xvi) an offence of attempting, or of conspiracy or incitement, to commit an offence listed in subparagraphs (i)–(xiv),
(xvii) another offence prescribed by the regulations,
(b) a person who has been convicted of an offence committed as an adult under a law of another State or Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence referred to in paragraph (a) and the person satisfies subsection (2),
(c) a person whose application for a working with children check clearance has been refused, or whose working with children check clearance has been cancelled, wholly or partly on the grounds that proceedings have been commenced against the person for an offence specified in Schedule 2 and the proceedings have not been finally determined.
A person convicted of an offence specified in subsection (1) satisfies this subsection if—
(a) the person received a sentence of full-time custody for the offence, or
(b) any of the following orders, including any equivalent orders made by a court of a jurisdiction other than this State, including jurisdictions outside Australia, was imposed on the person for the offence and the order is in force—
(i) any of the following orders under the Crimes (Sentencing Procedure) Act 1999—
(A) a home detention order,
(B) an intensive correction order,
(C) a community correction order,
(D) a conditional release order,
(E) an order under section 12 before the repeal of the section,
(ii) a conditional release order or recognizance release order under the Crimes Act 1914 of the Commonwealth, section 20, or
(c) a prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004, or a corresponding prohibition order under that Act, section 19, is in force against the person.
For subsection (1), a reference in that subsection to an offence against a provision that has been repealed is taken to mean an offence against the provision before its repeal.
This section applies to convictions for offences whether occurring before, on or after the commencement of this Act.
In this section—
Subject to section 27, an affected person for a reviewable decision may apply to the Children’s Guardian for a review of the reviewable decision under this division (an
An application cannot be made for a further internal review of an internal review decision.
An application for internal review of a reviewable decision must—
(a) be in the form approved by the Children’s Guardian, and
(b) include the information prescribed by the regulations, and
(c) be made to the Children’s Guardian—
(i) for a reviewable decision to refuse or cancel a working with children check clearance—within 28 days after notice of the reviewable decision is given to the affected person, or
(ii) for a reviewable decision to impose an interim bar, if the interim bar has been in effect for more than 6 months—at any time after the interim bar has been in effect for more than 6 months, and
(d) be accompanied by the fee prescribed by the regulations, and
(e) be accompanied by any additional information required by the Children’s Guardian.
Despite subsection (1)(c)(i), the Children’s Guardian may, at the request of an affected person for a reviewable decision, extend the period of time during which an application for internal review of the reviewable decision may be made.
The application does not stay the operation of the reviewable decision
To assist the Children’s Guardian to review the reviewable decision, the Children’s Guardian may, by notice to the affected person, require the affected person to give additional information within the time, not less than 28 days, stated in the notice.
The Children’s Guardian may terminate an application for internal review if the affected person fails to comply with a notice under subsection (4).
The Children’s Guardian must—
(a) review the reviewable decision, and
(b) decide to—
(i) confirm the reviewable decision, or
(ii) for a decision to refuse an application for a working with children check clearance or cancel a working with children check clearance—set aside the reviewable decision and grant the affected person a working with children check clearance, or
(iii) for a decision to impose an interim bar that has been in effect for more than 6 months—set aside the reviewable decision.
For making a decision about a reviewable decision, the Children’s Guardian may share information with and seek advice from—
(a) a person suitably qualified to deal with the issues raised by the matters the subject of the reviewable decision, or
(b) another person prescribed by the regulations.
In reviewing the reviewable decision, the Children’s Guardian must consider the following information—
(a) the information considered in making the reviewable decision,
(b) other relevant information given by the affected person in the person’s application or otherwise,
(c) other relevant information prescribed by the regulations.
The Children’s Guardian must not make a decision under this section which has the effect of enabling the affected person to work with children in accordance with this Act unless the Children’s Guardian is satisfied—
(a) a reasonable person would allow the person’s child to have direct contact with the affected person that is not directly supervised by another person while the affected person is engaging in child-related work, and
(b) it is in the public interest to make the decision.
The application for internal review of a reviewable decision may be dealt with only by a person who—
(a) did not make the reviewable decision, and
(b) holds an office equal to or more senior than the person who made the reviewable decision.
Subsection (5) does not apply if the reviewable decision was made by the Children’s Guardian personally.
This subsection applies only if the reviewable decision was made by the Children’s Guardian personally, not if the decision was made by another person as a delegate of the Children’s Guardian.
The regulations may provide for requirements in relation to the conduct of an internal review.
After making an internal review decision, the internal reviewer must give the affected person written notice of the internal reviewer’s decision.
The notice must include the following information—
(a) the findings on material questions of fact, including the evidence or other material on which the findings were based,
(b) the understanding of the internal reviewer of the applicable law,
(c) the reasons for the internal reviewer’s conclusions and decision.
Subject to section 27, a disqualified person (the
The applicant may apply for a disqualification reassessment only if—
(a) the applicant has been refused a working with children check clearance because the person is a disqualified person, or
(b) the applicant’s working with children check clearance has been cancelled under section 23 because the person is a disqualified person.
An application must not be made for an internal review of a disqualification reassessment decision.
The application for the disqualification reassessment must—
(a) be in the form approved by the Children’s Guardian, and
(b) include the information prescribed by the regulations, and
(c) be made within 28 days after the decision to—
(i) refuse the applicant a working with children check clearance, or
(ii) cancel the applicant’s working with children check clearance, and
(d) be accompanied by the fee prescribed by the regulations, and
(e) be accompanied by any additional information required by the Children’s Guardian.
Despite subsection (1)(c), the Children’s Guardian may, at the request of the applicant, extend the period of time during which an application for a disqualification reassessment may be made in relation to the applicant.
To assist the Children’s Guardian to assess the application, the Children’s Guardian may, by notice to the applicant, require the applicant to give additional information within the time, not less than 28 days, stated in the notice.
The Children’s Guardian may terminate an application for a disqualification reassessment if the applicant fails to comply with a notice under subsection (3).
The Children’s Guardian must—
(a) assess the application for a disqualification reassessment and whether the applicant should continue to be disqualified under section 18(1), and
(b) decide—
(i) to confirm the applicant continues to be disqualified under section 18(1) and must not be granted a working with children check clearance, or
(ii) the applicant does not continue to be disqualified under section 18(1) and grant the person a working with children check clearance.
If the Children’s Guardian decides the applicant does not continue to be disqualified under section 18(1), the applicant is taken not to continue to be a disqualified person.
For making a decision about the application for a disqualification reassessment, the Children’s Guardian may share information with and seek advice from—
(a) a person suitably qualified to deal with the issues raised by the matters the subject of the disqualification reassessment, or
(b) another person prescribed by the regulations.
Subject to subsection (5), in deciding the application for a disqualification reassessment, the Children’s Guardian must consider the following information—
(a) relevant information given by the applicant in the applicant’s application or otherwise,
(b) other relevant information reasonably available to the Children’s Guardian,
(c) other relevant information prescribed by the regulations.
It must be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.
The Children’s Guardian may decide the applicant should not continue to be disqualified under section 18(1) and grant the applicant a working with children check clearance only if the Children’s Guardian is satisfied—
(a) a reasonable person would allow the person’s child to have direct contact with the applicant that is not directly supervised by another person while the applicant is engaging in child-related work, and
(b) it is in the public interest to decide the applicant should not continue to be disqualified under section 18(1) and grant the working with children check clearance.
The regulations may provide for requirements in relation to the conduct of a disqualification reassessment.
After making a decision about a disqualification reassessment, the Children’s Guardian must give the applicant for the disqualification reassessment written notice of the Children’s Guardian’s decision.
The notice must include the following information—
(a) the findings on material questions of fact, including the evidence or other material on which the findings were based,
(b) the understanding of the Children’s Guardian of the applicable law,
(c) the reasons for the Children’s Guardian’s conclusions and decision.
The Children’s Guardian may, by notice in writing (an
A requirement may be made for the purposes of—
(a) an internal review or disqualification reassessment under Part 4, or
(b) determining an application for a working with children check clearance or an assessment of an applicant or the holder of a clearance, or
(c) determining whether to grant a continuing residence approval.
A person to whom an assessment notice is given is authorised and required to comply with the notice.
An assessment notice may specify a day on or before which the notice is to be complied with.
If a person fails to comply with an assessment notice, the Children’s Guardian may, by further notice in writing served on the person (an
The enforcement notice must warn the person that a failure to comply with the notice is an offence.
The Children’s Guardian may revoke an enforcement notice at any time.
A person who fails, without reasonable excuse, to comply with an enforcement notice in force under this section is guilty of an offence.
Maximum penalty—5 penalty units.
In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.
If documents are given to the Children’s Guardian under this section, the Children’s Guardian—
(a) may take possession of, and make copies of or take extracts from, the documents, and
(b) may keep possession of the documents for such period as is necessary for the purposes of preparing the submission or considering an application, and
(c) during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the Children’s Guardian.
In this section—
The Director of Public Prosecutions is, on receipt of a notice under section 31, authorised to disclose to the Children’s Guardian information or other documents that may contain information in addition to the information required by the notice, whether or not that information or those documents are subject to legal professional privilege or other restrictions on disclosure.
This section has effect despite any other Act or law.
The Commissioner of Police is authorised at any time, in accordance with this Part and the regulations, to disclose (or arrange for a member of the NSW Police Force to disclose) to the Children’s Guardian the following information—
(a) information relating to any matter that may cause a person to be a disqualified person or result in an assessment requirement affecting a person,
(b) information relating to the criminal history of a person,
(c) without limiting paragraph (a) or (b), information relating to the circumstances of an offence or other matter disclosed under this section.
(Repealed)
This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Act.
Information about a person’s criminal history may be disclosed under this Act—
(a) whether or not the information relates to events that occurred when the person was under the age of 18 years, and
(b) whether or not the information relates to offences that cause or may cause the person to be a disqualified person or result in an assessment requirement affecting the person.
An animal welfare body is authorised to disclose to the Children’s Guardian the following information about a person—
(a) the commencement by the body of proceedings for an animal cruelty offence by the person,
(b) a finding of guilt against the person, whether or not a conviction is recorded, for an animal cruelty offence.
In this section—
(a) an offence under the Prevention of Cruelty to Animals Act 1979, section 5, 6, 11, 12, 15, 16, 17, 18, 18A, 21A or 23, or
(b) an offence under the Crimes Act 1900, section 79, 80, 530 or 531.
(a) Royal Society for the Prevention of Cruelty to Animals, New South Wales,
(b) Animal Welfare League NSW.
The Commissioner of Police may disclose (or arrange for a member of the NSW Police Force to disclose) information relating to any criminal history of persons to the following persons for the purposes of interstate child-related work screening—
(a) the Australian Criminal Intelligence Commission,
(b) a police force or service of the Commonwealth or another State or Territory,
(c) an approved interstate screening agency.
A person to whom information is disclosed may disclose that information to an approved interstate screening agency for the purposes of interstate child-related work screening undertaken by the agency.
The Commissioner of Police may disclose (or arrange for a member of the NSW Police Force to disclose) to an approved interstate screening agency, at the request of the agency, information relating to the circumstances of an offence or alleged offence disclosed under this section for the purposes of interstate child-related work screening.
(Repealed)
This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record of, persons may be disclosed apart from this Act.
In this section—
(a) a person or body prescribed by the regulations, or
(b) a body that is authorised under a law of the Commonwealth, another State or a Territory to conduct interstate child-related work screening and is approved by the Minister for the purposes of this section.
It is the duty of a reporting body to notify the Children’s Guardian of the name and other identifying particulars of any child-related worker against whom the reporting body has made a finding that the worker has engaged in conduct specified in clause 2 of Schedule 1.
(Repealed)
Notification under this section does not extend to findings made by the reporting body before 3 July 1995 unless—
(a) the reporting body is otherwise directed in writing by the Children’s Guardian in respect of a finding made by the reporting body, or
(b) a person holding a key position in the organisation has knowledge of a finding made by the reporting body.
A direction of the Children’s Guardian may specify a particular finding or may specify findings of a particular class (such as findings against a specified person or findings during a specified period).
Nothing in this section—
(a) prevents a reporting body from notifying the Children’s Guardian about a finding made before 3 July 1995, or
(b) requires a reporting body or a person holding a key position to review or to seek out records created before 3 July 1995, otherwise than in accordance with a direction given under this section.
The regulations may make provision for or with respect to the following—
(a) the form of any such notification,
(b) the provision by reporting bodies of further particulars of any such matter, or any potential such matter, if requested by the Children’s Guardian,
(c) the keeping of records by reporting bodies of information about such matters or potential such matters supplied to the Children’s Guardian,
An offence is not specified for the purposes of this Schedule if it was an offence specified in this Schedule at the time of its commission and the conduct has ceased to be an offence in New South Wales.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
(Repealed)
This clause applies to a person—
(a) who was engaged in child-related work as a self-employed person immediately before the commencement of Part 2 of this Act, and
(b) who was, immediately before the commencement of this clause, required to hold a child-related employment certificate.
A person to whom this clause applies who held a child-related employment certificate immediately before the commencement of this clause is not, until the expiry date of the person’s certificate, required to comply with Division 2 of Part 2 of this Act in respect of child-related work undertaken by the person as a self-employed person.
A person to whom this clause applies who did not hold a child-related employment certificate on the commencement of this clause is not required to comply with Division 2 of Part 2 of this Act in respect of child-related work undertaken by the person as a self-employed person until the day prescribed by the regulations for the purposes of this clause.
This clause does not apply to a person who—
(a) is a disqualified person, or
(b) is or has been subject to an interim bar, or
(c) has had an application for a working with children check clearance refused, or
(d) has had a working with children check clearance cancelled.
In this clause—
The regulations may make provision for or with respect to the following—
(a) the application of this Act (or provisions of this Act) to classes of existing child-related workers or existing residents, and other persons who become child-related workers or residents subject to section 10 on or after the commencement of Part 2 of this Act, on and from a specified date or dates,
(b) the obligations of persons who are child-related workers or such residents pending the application of this Act to those persons,
(c) the exemption from this Act (or provisions of this Act) of, or the application of provisions of this Act to, classes of persons who are existing child-related workers or existing residents,
(d) the application of the former provisions to existing child-related workers or existing residents, and other persons, pending the application of provisions of this Act to those persons.
This clause applies to a person who is the subject of an order containing a declaration (in force immediately before the repeal of the former provisions) under section 33H or 33I of the former provisions that Division 2 of those provisions is not to apply to the person in respect of a specified offence (an
On the application of this Act to a person to whom this clause applies—
(a) a person who is the subject of an unconditional existing declaration is taken to be the subject of an order under Part 4 of this Act declaring that the person concerned is not to be treated as a disqualified person in respect of the offence, and
(b) any other person to whom this clause applies is to be treated as a disqualified person for the purposes of this Act.
This Part is subject to the regulations.
Section 11, as substituted by the Child Protection Legislation Amendment Act 2014 applies to and in respect of an application to adopt that has been made but not finally dealt with by the making of or refusal to make an adoption order before the commencement of this clause.
In this Part—
Section 8(3)(c) extends to offences occurring before the commencement of that paragraph, but not if the person charged with the offence has been convicted or found guilty of the offence before that commencement.
Section 9A extends to a worker who was employed before the commencement of that section and in such a case the requirement in that section that verification occur in respect of the worker before the worker commences child-related work is taken to be a requirement that verification occur within 3 months after the commencement of that section.
Section 9B does not apply in respect of the appointment of a person to a key position before the commencement of that section.
Section 10(5), as substituted by the amending Act, extends to offences occurring before that substitution, but not if the person charged with the offence has been convicted or found guilty of the offence before that substitution.
The period of 48 hours referred to in section 10(5)(b)(ii) commences from the commencement of section 10(3) in the case of an interim bar imposed before that commencement.
An agency that becomes the responsible agency for an adult person on the commencement of section 11B is not required to carry out a verification under that section in respect of the person until 3 months after that commencement.
Section 13, as amended by the amending Act, extends to an application that was made before that amendment.
Sections 15 and 30, as amended by the amending Act, do not apply to an application for a clearance or an application for an administrative review of a decision to refuse an application for a clearance.
In this clause—
Section 16(2), as amended by the amending Act, does not apply is respect of a request made by the Children’s Guardian before that amendment.
Section 17, as amended by the amending Act, extends to an application received, or an assessment commenced, before the commencement of those amendments.
Section 26, as in force before its substitution by the amending Act, continues to apply to a person who had made an application for a working with children check clearance which had not been withdrawn or finally determined before the commencement of the amending Act, but only in connection with matters arising out of that application.
Nothing in the amending Act affects any application made under Part 4 of this Act before the substitution of section 26 by the amending Act.
Subject to the regulations, section 35(1A) extends to findings made before the commencement of that subsection.
Section 48A(1A) extends to information obtained or used by the Children’s Guardian before the commencement of that subsection.
Schedule 2 as amended by the amending Act, and section 18 in its application to that Schedule as so amended, does not apply to or in respect of the following—
(a) an application for a clearance made by a person before the commencement of the amending Act or an application for a further clearance made by that person on or after that commencement,
(b) an application for a further clearance made on or after that commencement by a person who held a clearance immediately before that commencement.
A person who was the holder of a clearance immediately before the amendment of Schedule 2 by the amending Act is not, merely because of those amendments, a disqualified person for the purposes of this Act.
This clause does not affect the operation of this Act in relation to any offence committed on or after the commencement of the amending Act by a person referred to in subclause (1) or (2).
In this Part—
Section 16, as amended by the amending Act, extends to a request for further information made before that amendment. However, in such a case the Children’s Guardian must not cancel a clearance until at least 3 months after that amendment.
An amendment made to a provision of Part 4 of this Act by the amending Act does not apply to or in respect of a review (or an appeal arising from a review) if the review commenced before that amendment and that provision, as in force immediately before that amendment, continues to apply to and in respect of any such review or appeal.
Section 45A, as inserted by the amending Act, does not extend to a statement made or information furnished before the commencement of that section.
This clause applies to any of the following made to the Tribunal but not finally determined before the commencement date—
(a) an application for review,
(b) an application for an enabling order.
For an application for review or an application for an enabling order made before the introduction date, the application must be determined by the Tribunal as if the amendment Act had not commenced.
For an application for review or an application for an enabling order made on or after the introduction date and before the commencement date—
(a) the application is taken to have been withdrawn by the person who made the application, and
(b) the person may, within 28 days after the commencement date, apply for—
(i) an internal review of the decision the subject of the application for review under this Act as amended by the amendment Act, or
(ii) a disqualification reassessment under this Act as amended by the amendment Act.
Despite subsection (3)(b)(i) or (ii), the Children’s Guardian may, at the request of the person who made the application, extend the period of time during which an application for internal review of the decision or a disqualification reassessment may be made.
A person who applies for an internal review or a disqualification reassessment under subsection (3)(b) must not be required to pay a fee in relation to the application.
In this clause—
(a) a decision to refuse a working with children check clearance,
(b) a decision to cancel a working with children check clearance,
(c) a decision to impose an interim bar, if the interim bar has been in effect for more than 6 months.
(Repealed)
Child Protection (Working with Children) Act 2012 No 51. Assented to 27.6.2012. Date of commencement, 15.6.2013, sec 2 and 2013 (154) LW 26.4.2013. This Act has been amended by this Act, sec 54(2) and as follows—
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 1.4, 27.6.2012, Sch 1.4. | |
(156) | Child Protection (Working with Children) Regulation 2013. LW 26.4.2013. Date of commencement, 15.6.2013, cl 2. Amended by Child Protection (Working with Children) Amendment Regulation 2013 (269). LW 14.6.2013. Date of commencement, 15.6.2013, cl 2. | |
No 31 | Child Protection Legislation Amendment (Children’s Guardian) Act 2013. Assented to 3.6.2013. Date of commencement, 15.6.2013, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
(676) | Child Protection (Working with Children) Amendment (Miscellaneous) Regulation 2013. LW 6.12.2013. Date of commencement, on publication on LW, cl 2. | |
No 8 | Child Protection Legislation Amendment Act 2014. Assented to 1.4.2014. Date of commencement, 29.10.2014, sec 2 and 2014 (322) LW 6.6.2014. | |
No 15 | Crimes Amendment (Female Genital Mutilation) Act 2014. Assented to 20.5.2014. Date of commencement, assent, sec 2. | |
(681) | Child Protection (Working with Children) Amendment Regulation 2014. LW 24.10.2014. Date of commencement, 29.10.2014, cl 2. | |
No 29 | Child Protection Legislation Amendment Act 2015. Assented to 28.9.2015. Date of commencement, except Sch 2 [14] and [46], 2.11.2015, sec 2 and 2015 (619) LW 15.10.2015; date of commencement of Sch 2 [14] and [46], 15.10.2015, sec 2 and 2015 (619) LW 15.10.2015. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2 (1); date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 2, 6.1.2017, sec 2 (1). | |
No 56 | Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2. | |
No 29 | Crimes Amendment (Intimate Images) Act 2017. Assented to 27.6.2017. Date of commencement, 25.8.2017, sec 2 and 2017 (462) LW 25.8.2017. | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. | |
No 66 | Electoral Act 2017. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. | |
No 14 | Child Protection (Working with Children) Amendment (Statutory Review) Act 2018. Assented to 18.4.2018. Date of commencement of Sch 1 [1]–[24], [25] (except to the extent that it inserts sec 36B (3) (d)) and [26], 1.6.2018, sec 2 and 2018 (224) LW 1.6.2018; date of commencement of Sch 1 [25] to the extent that it inserts sec 36B (3) (d): not in force. | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.2 [1]–[4] and [6]–[9], 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018; date of commencement of Sch 5.2 [5], 31.8.2018, sec 2 and 2018 (490) LW 31.8.2018. | |
(508) | Child Protection (Working with Children) Amendment (Miscellaneous) Regulation 2018. LW 31.8.2018. Date of commencement, on publication on LW, cl 2. | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.1 [1] (to the extent that it omits the definition of | |
No 82 | National Disability Insurance Scheme (Worker Checks) Act 2018. Assented to 28.11.2018. Date of commencement, assent, sec 2. | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.6, 1.3.2020, sec 2(1). | |
(62) | Child Protection (Working with Children) Amendment (Assessment Requirement Triggers and Reporting Bodies) Regulation 2020. LW 28.2.2020. Date of commencement of Sch 1, 1.3.2020, cl 2(1). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.6, 11.12.2020, sec 2(3). | |
No 4 | COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.1, assent, sec 2(1). | |
No 45 | Stronger Communities Legislation Amendment (Children) Act 2021. Assented to 8.12.2021. Date of commencement of Sch 2, 1.9.2022, sec 2(2) and 2022 (476) LW 26.8.2022. | |
(121) | Child Protection (Working with Children) Amendment (Miscellaneous) Regulation 2022. LW 1.4.2022. Date of commencement, on publication on LW, sec 2. | |
No 34 | Child Protection (Working with Children) Amendment Act 2022. Assented to 1.7.2022. Date of commencement of Sch 1[1]–[8] and [11]–[18], assent, sec 2(b); date of commencement of Sch 1[9] and [10], to the extent it inserts sec 36D, 1.9.2022, sec 2(a) and 2022 (475) LW 26.9.2022; date of commencement of Sch 1[10], to the extent it inserts sec 36C, 3.2.2025, sec 2(a) and 2025 (8) LW 24.1.2025. Amended by Justice Legislation Amendment (Children) Act 2024 No 81. Assented to 21.11.2024. Date of commencement, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 56 | Child Protection (Working with Children) and Other Legislation Amendment Act 2025. Assented to 23.9.2025. Date of commencement of Sch 1[1]–[8] [10]–[17] and [18], except to the extent it inserts Sch 3, cl 28, assent, sec 2(b); date of commencement of Sch 1[9] and [18], to the extent it inserts Sch 3, cl 28: not in force. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2013 No 31, Sch 1 [1]; 2019 No 25, Sch 5.6[1]. |
Sec 5 | Am 2013 No 31, Sch 1 [2] [3]; 2013 No 95, Sch 2.23 [1]; 2015 No 29, Sch 2 [1]; 2016 No 56, Sch 1 [1]; 2018 No 14, Sch 1 [1]; 2018 No 46, Sch 2.1[1] [2]; 2019 No 25, Sch 5.6[2]; 2025 No 56, Sch 1[1]. |
Sec 5A | Ins 2015 No 29, Sch 2 [2]. |
Secs 5B, 5C | Ins 2018 No 14, Sch 1 [2]. |
Sec 6 | Am 2015 No 29, Sch 2 [3]; 2018 No 14, Sch 1 [3] [4]; 2018 No 46, Sch 2.1 [3]. |
Sec 7 | Am 2013 No 31, Sch 1 [3]. |
Sec 8 | Am 2013 No 31, Sch 1 [3]; 2015 No 29, Sch 2 [4]; 2025 No 56, Sch 1[2]. |
Sec 9 | Am 2013 No 31, Sch 1 [3]; 2015 No 29, Sch 2 [5]; 2018 No 14, Sch 1 [5]; 2025 No 56, Sch 1[3]. |
Sec 9A | Ins 2015 No 29, Sch 2 [6]. Subst 2018 No 14, Sch 1 [6]. |
Sec 9AA | Ins 2018 No 14, Sch 1 [6]. |
Sec 9B | Ins 2015 No 29, Sch 2 [6]. Am 2016 No 56, Sch 1 [2] |
Part 2, Div 3, heading | Subst 2017 No 66, Sch 8.2 [1]. |
Sec 10 | Am 2013 No 31, Sch 1 [4]–[7]. Subst 2015 No 29, Sch 2 [7]. Am 2018 No 14, Sch 1 [7] [8]; 2018 No 46, Sch 2.1[4]. |
Sec 11 | Am 2013 No 31, Sch 1 [4]. Subst 2014 No 8, Sch 2.2 [1]. Am 2015 No 29, Sch 2 [8]–[10]. |
Sec 11A | Ins 2014 No 8, Sch 2.2 [1]. Am 2015 No 29, Sch 2 [11] [12]; 2018 No 14, Sch 1 [9]. |
Sec 11B | Ins 2015 No 29, Sch 2 [13]. Am 2018 No 14, Sch 1 [10]; 2018 No 46, Sch 2.1[5]. |
Sec 11C | Ins 2017 No 66, Sch 8.2 [2]. |
Sec 11D | Ins 2018 No 14, Sch 1 [11]. |
Sec 13 | Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [14]; 2022 No 34, Sch 1[1]. |
Sec 13AA | Ins 2022 No 34, Sch 1[2]. |
Sec 13AB | Ins 2022 No 34, Sch 1[2]. |
Sec 13A | Ins 2015 No 29, Sch 2 [15]. Am 2022 No 34, Sch 1[3] [4]; 2025 No 56, Sch 1[4]. |
Sec 14 | Am 2025 No 56, Sch 1[5]. |
Sec 15 | Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [16]; 2016 No 56, Sch 1 [3]; 2018 No 14, Sch 1 [12] [13]; 2022 No 34, Sch 1[5]. |
Sec 16 | Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [17] [18]; 2016 No 56, Sch 1 [4]. |
Sec 17 | Am 2013 No 31, Sch 1 [4] [8]; 2015 No 29, Sch 2 [19]–[22]; 2018 No 46, Sch 2.1[6]. |
Sec 18 | Am 2013 No 31, Sch 1 [4]; 2025 No 56, Sch 1[6]–[8]. |
Sec 19 | Am 2013 No 31, Sch 1 [4]. |
Sec 20 | Am 2013 No 31, Sch 1 [4] [9]; 2015 No 29, Sch 2 [23] [24]. |
Sec 21 | Am 2013 No 31, Sch 1 [4]. Rep 2015 No 29, Sch 2 [25]. |
Sec 22 | Am 2018 No 82, Sch 2.1 [1]. |
Sec 23 | Am 2013 No 31, Sch 1 [4] [9]; 2015 No 29, Sch 2 [26]. |
Sec 24 | Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [27]. Subst 2016 No 56, Sch 1 [5]. Am 2022 No 34, Sch 1[6] [7]. |
Sec 25 | Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [28] [29]; 2018 No 14, Sch 1 [14] [15]. |
Part 4 | Subst 2025 No 56, Sch 1[10]. |
Part 4, Div 1, heading | Ins 2025 No 56, Sch 1[10]. |
Sec 26 | Subst 2015 No 29, Sch 2 [30]. Am 2015 No 58, Sch 2.4; 2016 No 56, Sch 1 [6]–[8]; 2017 No 53, Sch 4.6; 2018 No 33, Sch 5.2 [1]–[4]; 2021 No 45, Sch 2[1]. Subst 2025 No 56, Sch 1[10]. |
Sec 27 | Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [2]–[4]; 2016 No 56, Sch 1 [9]; 2018 No 14, Sch 1 [16]. Subst 2025 No 56, Sch 1[10]. |
Part 4, Div 2, heading | Ins 2025 No 56, Sch 1[10]. |
Sec 28 | Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [5]; 2016 No 56, Sch 1 [10]; 2018 No 14, Sch 1 [17]. Subst 2025 No 56, Sch 1[10]. |
Sec 29 | Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [6]. Subst 2025 No 56, Sch 1[10]. |
Sec 30 | Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [7] [8]; 2015 No 29, Sch 2 [31]; 2016 No 56, Sch 1 [11]; 2018 No 14, Sch 1 [18] [19]; 2022 No 34, Sch 1[8]. Subst 2025 No 56, Sch 1[10]. |
Sec 30A | Ins 2025 No 56, Sch 1[10]. |
Part 4, Div 3 | Ins 2025 No 56, Sch 1[10]. |
Sec 30B | Ins 2025 No 56, Sch 1[10]. |
Sec 30C | Ins 2025 No 56, Sch 1[10]. |
Sec 30D | Ins 2025 No 56, Sch 1[10]. |
Sec 30E | Ins 2025 No 56, Sch 1[10]. |
Sec 31 | Am 2013 No 31, Sch 1 [4] [10]. Subst 2018 No 14, Sch 1 [20]. Am 2025 No 56, Sch 1[11]. |
Sec 32 | Am 2013 No 31, Sch 1 [4]. |
Sec 33 | Am 2013 No 31, Sch 1 [14]; 2018 No 14, Sch 1 [21]–[23]. |
Sec 33A | Ins 2021 No 45, Sch 2[2]. |
Sec 34 | Am 2016 No 55, Sch 2.3; 2018 No 14, Sch 1 [24]; 2020 No 30, Sch 2.6. |
Sec 35 | Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [32] [33]; 2015 No 58, Sch 3.14; 2016 No 56, Sch 1 [12]; 2019 No 25, Sch 5.6[3] [4]. |
Sec 36 | Am 2013 No 31, Sch 1 [4]. |
Sec 36A | Ins 2016 No 56, Sch 1 [13]. Subst 2022 No 34, Sch 1[9]. Am 2022 No 59, Sch 2.6. |
Sec 36AA | Ins 2018 No 82, Sch 2.1 [2]. |
Sec 36B | Ins 2018 No 14, Sch 1 [25]. |
Sec 36C | Ins 2022 No 34, Sch 1[10] (am 2024 No 81, Sch 1). |
Sec 36D | Ins 2022 No 34, Sch 1[10]. |
Part 6, heading | Am 2013 No 31, Sch 1 [11]. |
Sec 37 | Am 2013 No 31, Sch 1 [4] [10]; 2015 No 29, Sch 2 [34]; 2025 No 56, Sch 1[12]. |
Sec 38 | Am 2013 No 31, Sch 1 [4] [12] [13]; 2015 No 29, Sch 2 [35]; 2019 No 25, Sch 5.6[5]. |
Sec 39 | Am 2013 No 31, Sch 1 [4] [14]. |
Sec 40 | Am 2013 No 31, Sch 1 [4]. |
Sec 40A | Ins 2013 No 31, Sch 1 [15]. Am 2015 No 29, Sch 2 [36]. |
Sec 42A | Ins 2015 No 29, Sch 2 [37]. Am 2025 No 56, Sch 1[13] [14]. |
Sec 44 | Am 2013 No 31, Sch 1 [4]. |
Sec 45 | Am 2016 No 56, Sch 1 [14]; 2022 No 34, Sch 1[11]. |
Sec 45A | Ins 2016 No 56, Sch 1 [15]. |
Sec 48A | Ins 2013 No 31, Sch 1 [16]. Am 2015 No 29, Sch 2 [38]–[40]. |
Secs 50A, 50B | Ins 2018 No 14, Sch 1 [26]. |
Sec 51 | Am 2015 No 29, Sch 2 [41]. |
Sec 52 | Am 2013 No 31, Sch 1 [4]. |
Sec 53 | Subst 2025 No 56, Sch 1[15]. |
Sec 54 | Ins 2020 No 1, Sch 2.1. Am 2021 No 4, Sch 1.1. Rep 2012 No 51, sec 54(2). |
Sch 1 | Am 2013 (156), Sch 2 (am 2013 (269), Sch 1 [2]); 2014 No 15, Sch 2; 2017 No 29, Sch 2.1 [1] [2]; 2018 No 33, Sch 5.2 [5]; 2018 (508), Sch 1 [1]–[5]; 2020 (62), Sch 1[1]–[3]; 2021 No 45, Sch 2[3]; 2022 (121), Sch 2[1] [2]; 2022 No 34, Sch 1[12]–[15]; 2025 No 56, Sch 1[16] [17]. |
Sch 2 | Am 2013 (676), Sch 1 [1] [2]; 2014 (681), cl 3; 2015 No 29, Sch 2 [42] [43]; 2018 No 33, Sch 5.2 [6]–[9]; 2018 (508), Sch 1 [6]–[11]; 2021 No 45, Sch 2[4]; 2022 No 34, Sch 1[16]–[18]. |
Sch 3 | Am 2012 No 95, Sch 1.4; 2014 No 8, Sch 2.2 [2]; 2015 No 29, Sch 2 [44]–[46]; 2016 No 56, Sch 1 [16] [17]; 2025 No 56, Sch 1[18]. |
Sch 4 | Rep 1987 No 15, sec 30C. |
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