Child wellbeing and protection laws in NSW
Information about the legislation governing child protection in NSW.
Child Protection (Working with Children) Act 2012
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.