Child wellbeing and protection laws in NSW

This Act provides the legislative basis for the Working with Children Checks (WWCC) scheme in NSW. A WWCC is required for people in NSW who undertake child related work. It involves a National Police Check (criminal history record check) and a review of reportable workplace misconduct. The outcome of a check is either a clearance to work with children or a bar against working with children.

Section 6 of Child Protection (Working with Children) Act 2012 provides that child related work (including voluntary work) includes:

• Providing services for children (including - child protection, health, disability services, clubs or other bodies, child care, education, religious services, residential services and transport services)
• Where the work involves direct contact with children
• Where contact with children is more than incidental to the work.

Authorised carers and adults who reside or stay regularly (i.e. several nights a week for a total of more than 21 days) on the property of an authorised carer also require a WWCC.

If cleared, the WWCC will be valid for 5 years even if the employee moves jobs. However, applicants are continuously monitored during this period. Applications for a WWCC are made to the Office of the Children’s Guardian through its website.