Child Protection (Working with Children) Act 2012 (NSW)

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Does not include amendments by—

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.

Part 1Preliminary1Name of Act

This Act is the Child Protection (Working with Children) Act 2012.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Object of Act

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.

Note.

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.

s 3: Am 2013 No 31, Sch 1 [1]; 2019 No 25, Sch 5.6[1].

4Safety, welfare and well-being of children to be paramount consideration

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.

5Definitions(1)

In this Act—

accredited adoption service provider has the same meaning as in the Adoption Act 2000.

adult means a person who is 18 years of age or older.

affected person, for Part 4—see section 26.

applicant, for Part 4—see section 26.

application number means the unique number given to an applicant for a working with children check clearance under this Act.

approved provider means an approved provider under the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011.

assessment requirement—see section 14.

authorised carer has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.

authorised officer means a person appointed as an authorised officer by the Children’s Guardian under section 50B of this Act.

carer applicant has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.

child-related work—see sections 6 and 7.

children means persons under the age of 18 years.

Children’s Guardian means the Children’s Guardian appointed under section 115 of the Children’s Guardian Act 2019.

continuing residence approval means an approval granted by the Children’s Guardian under section 11D that is in force.

conviction includes a finding that the charge for an offence is proven, or that a person is guilty of…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.