{"id":"nsw:act-2012-051","name":"Child Protection (Working with Children) Act 2012","slug":"child-protection-working-with-children-act-2012","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"51 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30789,"registerId":"nsw-act-2012-051-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> The object of this Act is to protect children—\n> \n> > (a) by not permitting certain persons to engage in child-related work, and\n> \n> > (b) by requiring persons engaged in child-related work to have working with children check clearances.\n> \n> Note.\n> \n> 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](/view/html/inforce/current/act-2019-025). In particular, see section 128 and Part 6 of that Act.\n> \n> **s 3:** Am 2013 No 31, Sch 1 \\[1\\]; 2019 No 25, Sch 5.6\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Safety, welfare and well-being of children to be paramount consideration","content":"#### 4 Safety, welfare and well-being of children to be paramount consideration\n\n4 Safety, welfare and well-being of children to be paramount consideration\n\n> 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.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> > (1) In this Act—\n> > \n> > accredited adoption service provider has the same meaning as in the [Adoption Act 2000](/view/html/inforce/current/act-2000-075).\n> > \n> > adult means a person who is 18 years of age or older.\n> > \n> > affected person, for Part 4—see section 26.\n> > \n> > applicant, for Part 4—see section 26.\n> > \n> > application number means the unique number given to an applicant for a working with children check clearance under this Act.\n> > \n> > approved provider means an approved provider under the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) or the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070).\n> > \n> > assessment requirement—see section 14.\n> > \n> > authorised carer has the same meaning as in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > authorised officer means a person appointed as an authorised officer by the Children’s Guardian under section 50B of this Act.\n> > \n> > carer applicant has the same meaning as in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > child-related work—see sections 6 and 7.\n> > \n> > children means persons under the age of 18 years.\n> > \n> > Children’s Guardian means the Children’s Guardian appointed under section 115 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > continuing residence approval means an approval granted by the Children’s Guardian under section 11D that is in force.\n> > \n> > conviction includes a finding that the charge for an offence is proven, or that a person is guilty of an offence, even though the court does not proceed to a conviction.\n> > \n> > criminal history—see section 5C.\n> > \n> > current application for a working with children check clearance means an application that has not been finally determined or withdrawn or terminated.\n> > \n> > Department means the Department of Communities and Justice.\n> > \n> > designated agency has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > disqualification reassessment, for Part 4—see section 26.\n> > \n> > disqualified person—see section 18(1).\n> > \n> > education and care service means an education and care service within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) or a State regulated education and care service within the meaning of the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070).\n> > \n> > employer includes—\n> > \n> > > (a) a person who, in the course of business, arranges for the placement of a person in employment with others, or\n> > \n> > > (b) a person who engages a person under a contract to perform work, or\n> > \n> > > (c) a person who engages a worker to perform work as a volunteer for the person under an agreement (whether written or unwritten).\n> > \n> > enabling order—see section 28.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > family day care service has the same meaning as it has in the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> > \n> > function includes a power, authority or duty.\n> > \n> > government agency includes any public or local authority.\n> > \n> > interim bar means an interim bar imposed under section 17.\n> > \n> > internal review, for Part 4—see section 26.\n> > \n> > internal review decision, for Part 4—see section 26.\n> > \n> > key position, in an organisation, means each of the following—\n> > \n> > > (a) the chief executive of the organisation,\n> > \n> > > (b) the principal officer—if the organisation is a designated agency, a registered agency or an accredited adoption service provider,\n> > \n> > > (c) any other position in the organisation that is of a kind prescribed by the regulations.\n> > \n> > notifiable person in relation to an applicant for a clearance or the holder of a clearance means each of the following—\n> > \n> > > (a) any employer or proposed employer of the applicant or holder in respect of child-related work,\n> > \n> > > (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,\n> > \n> > > (c) if the applicant or holder resides on a property where a family day care service is provided—the approved provider of the service,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (f) any other person prescribed by the regulations.\n> > \n> > principal officer of—\n> > \n> > > (a) an accredited adoption service provider—has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), or\n> > \n> > > (b) a designated agency or a registered agency—has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > prospective adoptive parent means a person who has submitted an application under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) to adopt a child and whose application has not been withdrawn or finally dealt with by the making of or refusal to make an adoption order.\n> > \n> > prospective guardian has the same meaning as in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > registered agency has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > reporting body—see section 35(4).\n> > \n> > reside on a property has the meaning given by section 5A.\n> > \n> > reviewable decision, for Part 4—see section 26.\n> > \n> > Secretary means the Secretary of the Department.\n> > \n> > worker means any person who is engaged in work in any of the following capacities—\n> > \n> > > (a) as an employee,\n> > \n> > > (b) as a self-employed person or as a contractor or subcontractor,\n> > \n> > > (c) as a volunteer,\n> > \n> > > (d) as a person undertaking practical training as part of an educational or vocational course (other than as a school student undertaking work experience),\n> > \n> > > (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.\n> > \n> > working day means any day that is not a Saturday, Sunday or public holiday.\n> > \n> > working with children check clearance or clearance means an authorisation that is in force under this Act to engage in child-related work.\n> > \n> > working with children number means the number given for a working with children check clearance under this Act.\n> > \n> > working with children register means the register established under section 25.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 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\\].","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of “reside on a property”","content":"#### 5A Meaning of “reside on a property”\n\n5A Meaning of “reside on a property”\n\n> > (1) Subject to subsection (2), a person resides on a property if the person resides (which includes sleep on a regular or frequent basis) anywhere on the property (whether or not in a building, caravan, structure, vehicle or other thing).\n> \n> > (2) 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).\n> \n> **s 5A:** Ins 2015 No 29, Sch 2 \\[2\\].","sortOrder":6},{"sectionNumber":"5B","sectionType":"section","heading":"Meaning of “risk to the safety of children”","content":"#### 5B Meaning of “risk to the safety of children”\n\n5B Meaning of “risk to the safety of children”\n\n> A reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children.\n> \n> **s 5B:** Ins 2018 No 14, Sch 1 \\[2\\].","sortOrder":7},{"sectionNumber":"5C","sectionType":"section","heading":"Meaning of “criminal history”","content":"#### 5C Meaning of “criminal history”\n\n5C Meaning of “criminal history”\n\n> > (1) A person’s criminal history includes—\n> > \n> > > (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](/view/html/inforce/current/act-1991-008), and\n> > \n> > > (b) criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, and\n> > \n> > > (c) convictions or findings to which section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) applies (despite the provisions of that section).\n> \n> > (2) In this section—\n> > \n> > conviction has the same meaning as it has in the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008).\n> \n> **s 5C:** Ins 2018 No 14, Sch 1 \\[2\\].","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Restrictions on child-related work","content":"# Part 2 Restrictions on child-related work\n\nPart 2 Restrictions on child-related work","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Child-related work","content":"## Division 1 Child-related work\n\nDivision 1 Child-related work","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Child-related work","content":"#### 6 Child-related work\n\n6 Child-related work\n\n> > (1) A worker is engaged in child-related work for the purposes of this Act if—\n> > \n> > > (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\n> > \n> > > (b) the worker is engaged in work in a child-related role referred to in subsection (3).\n> \n> > (2) 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—\n> > \n> > > (a) child development\n> > > \n> > > mentoring and counselling services for children,\n> > \n> > > (b) child protection\n> > > \n> > > child protection services,\n> > \n> > > (c) children’s health services\n> > > \n> > > the provision of health care in wards of hospitals where children are treated and the direct provision of other child health services,\n> > \n> > > (d) clubs or other bodies providing services for children\n> > > \n> > > clubs, associations, movements, societies or other bodies (including bodies of a cultural, recreational or sporting nature) providing programs or services for children,\n> > \n> > > (e) disability services\n> > > \n> > > respite care or other support services for children with a disability,\n> > \n> > > (f) early education and child care\n> > > \n> > > education and care services, child care centres, nanny services and other child care,\n> > \n> > > (g) education\n> > > \n> > > schools or other educational institutions (other than universities) and private coaching or tuition of children,\n> > \n> > > (h) entertainment for children\n> > > \n> > > sporting, cultural or other entertainment venues used primarily by children and entertainment services for children,\n> > \n> > > (i) justice services\n> > > \n> > > detention centres (within the meaning of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057)) and juvenile correctional centres (within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)),\n> > \n> > > (j) religious services\n> > > \n> > > any religious organisation,\n> > \n> > > (k) residential services\n> > > \n> > > refuges used by children, long term home stays for children, boarding houses or other residential services for children and overnight camps for children,\n> > \n> > > (l) transport services for children\n> > > \n> > > transport services especially for children, including school bus services and taxi services for children with a disability and supervision of school road crossings,\n> > \n> > > (m) other\n> > > \n> > > any other service for children prescribed by the regulations.\n> \n> > (3) The following roles are referred to—\n> > \n> > > (a) an approved provider or manager of an education and care service,\n> > \n> > > (b) a nominated supervisor (within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) of an education and care service,\n> > \n> > > (c) an authorised carer,\n> > \n> > > (d) an assessment officer (within the meaning of section 27A of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)),\n> > \n> > > (e) the principal officer of a designated agency,\n> > \n> > > (f) the principal officer of an accredited adoption service provider,\n> > \n> > > (g) any other role with respect to children prescribed by the regulations.\n> \n> > (3A) 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.\n> \n> > (4) In this section—\n> > \n> > direct contact with children means—\n> > \n> > > (a) physical contact, or\n> > \n> > > (b) face to face contact.\n> \n> **s 6:** Am 2015 No 29, Sch 2 \\[3\\]; 2018 No 14, Sch 1 \\[3\\] \\[4\\]; 2018 No 46, Sch 2.1 \\[3\\].","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Additional child-related work","content":"#### 7 Additional child-related work\n\n7 Additional child-related work\n\n> > (1) A worker is taken to be engaged in child-related work if the worker is engaged, or proposes to engage, in work (other than as a volunteer) that is the subject of a requirement under this section.\n> \n> > (2) 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.\n> \n> > (3) The employer, or proposed employer, may at any time, by notice in writing given to the worker, revoke a requirement made under this section.\n> \n> > (4) An employer may make or revoke a requirement under this section only with the approval of the Children’s Guardian.\n> \n> **s 7:** Am 2013 No 31, Sch 1 \\[3\\].","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Mandatory requirements for child-related work","content":"## Division 2 Mandatory requirements for child-related work\n\nDivision 2 Mandatory requirements for child-related work","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Restrictions on engaging in child-related work","content":"#### 8 Restrictions on engaging in child-related work\n\n8 Restrictions on engaging in child-related work\n\n> > (1) A worker must not engage in child-related work unless—\n> > \n> > > (a) the worker holds a working with children check clearance of a class applicable to the work, or\n> > \n> > > (b) there is a current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work.\n> > \n> > Maximum penalty—100 penalty units, or imprisonment for 2 years, or both.\n> \n> > (1A) To avoid doubt, subsection (1)(b) does not prevent—\n> > \n> > > (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—\n> > > \n> > > > (i) with or on behalf of the employer, or\n> > > \n> > > > (ii) in the industry, sector or activity the regulator regulates, or\n> > \n> > > (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.\n> \n> > (2) A worker must not engage in child-related work at any time that the worker is subject to an interim bar.\n> > \n> > Maximum penalty—100 penalty units, or imprisonment for 2 years, or both.\n> \n> > (3) It is a defence to proceedings for an offence against this section if the accused person establishes that—\n> > \n> > > (a) the accused person did not know, at the time the offence was committed, that the work concerned was child-related work, or\n> > \n> > > (b) the accused person was exempted by the regulations from the requirement to hold a clearance, or\n> > \n> > > (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.\n> \n> Note.\n> \n> 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.\n> \n> **s 8:** Am 2013 No 31, Sch 1 \\[3\\]; 2015 No 29, Sch 2 \\[4\\]; 2025 No 56, Sch 1\\[2\\].","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Employers must require clearance or current application","content":"#### 9 Employers must require clearance or current application\n\n9 Employers must require clearance or current application\n\n> > (1) 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—\n> > \n> > > (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\n> > \n> > > (b) the worker is subject to an interim bar.\n> > \n> > Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.\n> > \n> > Note—\n> > \n> > 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.\n> \n> > (2) 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—\n> > \n> > > (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\n> > \n> > > (b) the worker was exempted by the regulations from the requirement to hold a clearance.\n> \n> > (3) This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a placement agency) if—\n> > \n> > > (a) the employment is child-related work, and\n> > \n> > > (b) the placement agency is a person or a person of a class declared by the regulations to be subject to this section.\n> \n> > (4) 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.\n> \n> **s 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\\].","sortOrder":15},{"sectionNumber":"9A","sectionType":"section","heading":"Employer must verify and record clearance details","content":"#### 9A Employer must verify and record clearance details\n\n9A Employer must verify and record clearance details\n\n> > (1) 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.\n> \n> > (2) The worker’s relevant details are the following—\n> > \n> > > (a) the worker’s full name and date of birth,\n> > \n> > > (b) the working with children number of the worker’s clearance or the application number of the worker’s current application,\n> > \n> > > (c) the expiry date for each clearance of the worker, being the date on which the clearance ceases to have effect.\n> \n> > (3) The worker’s relevant details are taken to have been verified only if the relevant details accord with the information relating to the worker recorded in the working with children register as at the date the record is made by the employer.\n> \n> > (4) 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.\n> \n> > (5) An employer must retain a record made under this section—\n> > \n> > > (a) during the period in which the worker carries out child-related work for the employer, and\n> > \n> > > (b) for a period of at least 7 years after the worker ceases to carry out child-related work for the employer.\n> \n> > (6) An employer who, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).\n> \n> > (7) This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a placement agency) if—\n> > \n> > > (a) the employment is child-related work, and\n> > \n> > > (b) the placement agency is a person or a person of a class declared by the regulations to be subject to this section.\n> \n> > (8) 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.\n> \n> > (9) This section does not apply—\n> > \n> > > (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\n> > \n> > > (b) in respect of a worker who is exempted by the regulations from the requirement to hold a clearance, or\n> > \n> > > (c) in respect of an employer who is exempted by the regulations from this section.\n> \n> **s 9A:** Ins 2015 No 29, Sch 2 \\[6\\]. Subst 2018 No 14, Sch 1 \\[6\\].","sortOrder":16},{"sectionNumber":"9AA","sectionType":"section","heading":"Licensing authorities must verify and record clearance details","content":"#### 9AA Licensing authorities must verify and record clearance details\n\n9AA Licensing authorities must verify and record clearance details\n\n> > (1) 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.\n> \n> > (2) The person’s relevant details are the following—\n> > \n> > > (a) the person’s full name and date of birth,\n> > \n> > > (b) the working with children number of the person’s clearance or the application number of the person’s current application,\n> > \n> > > (c) the expiry date for each clearance of the person, being the date on which the clearance ceases to have effect.\n> \n> > (3) The person’s relevant details are taken to have been verified only if the relevant details accord with the information relating to the person recorded in the working with children register as at the date the record is made by the licensing authority.\n> \n> > (4) 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.\n> \n> > (5) A licensing authority must retain a record made under this section—\n> > \n> > > (a) during the period in which the person holds a relevant licence issued by the licensing authority, and\n> > \n> > > (b) for a period of at least 7 years after the person ceases to hold a relevant licence issued by the licensing authority.\n> \n> > (6) A licensing authority that, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).\n> \n> > (7) This section does not apply—\n> > \n> > > (a) in respect of a licensing authority that is exempted by the regulations from this section, or\n> > \n> > > (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.\n> \n> > (8) In this section—\n> > \n> > issue includes grant or renew.\n> > \n> > licence means a licence, registration, accreditation, certificate, permit or any other authority.\n> > \n> > licensing authority means a person or body responsible for issuing a licence.\n> > \n> > relevant licence means a licence, or a licence of a class, declared by the regulations to be a relevant licence.\n> \n> **s 9AA:** Ins 2018 No 14, Sch 1 \\[6\\].","sortOrder":17},{"sectionNumber":"9B","sectionType":"section","heading":"Governing body to ensure persons appointed to key positions hold clearance","content":"#### 9B Governing body to ensure persons appointed to key positions hold clearance\n\n9B Governing body to ensure persons appointed to key positions hold clearance\n\n> > (1) (Repealed)\n> \n> > (2) 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.\n> > \n> > Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.\n> \n> > (3) 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—\n> > \n> > > (a) the governing body had been advised by the Children’s Guardian that the person was the holder of a clearance, or\n> > \n> > > (b) the working with children register showed that the person was the holder of a clearance, or\n> > \n> > > (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.\n> \n> > (4) 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—\n> > \n> > > (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\n> > \n> > > (b) that record is retained by the organisation for at least 7 years.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (5) 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.\n> \n> **s 9B:** Ins 2015 No 29, Sch 2 \\[6\\]. Am 2016 No 56, Sch 1 \\[2\\]","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Clearances for other persons","content":"## Division 3 Clearances for other persons\n\nDivision 3 Clearances for other persons\n\n**pt 2, div 3, hdg:** Subst 2017 No 66, Sch 8.2 \\[1\\].","sortOrder":19},{"sectionNumber":"10","sectionType":"section","heading":"Adult persons residing with authorised carers or persons providing family day care services","content":"#### 10 Adult persons residing with authorised carers or persons providing family day care services\n\n10 Adult persons residing with authorised carers or persons providing family day care services\n\n> > (1) 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.\n> > \n> > Maximum penalty—100 penalty units, or imprisonment for 2 years, or both.\n> \n> > (2) 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.\n> > \n> > Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.\n> \n> > (3) 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.\n> \n> > (4) 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.\n> \n> > (5) It is a defence to proceedings for an offence under subsection (1) or (2) if the accused person establishes that—\n> > \n> > > (a) the adult person had been residing on the property for less than 3 weeks, or\n> > \n> > > (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—\n> > > \n> > > > (i) did not know about the interim bar, withdrawal, termination, refusal or cancellation, or\n> > > \n> > > > (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\n> > \n> > > (c) the adult person is the holder of a continuing residence approval granted by the Children’s Guardian.\n> \n> > (6) 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.\n> \n> > (7) In this section—\n> > \n> > exempt person means a person who is required under another provision of this Act to, or is exempt from the requirement to, hold a working with children check clearance.\n> \n> **s 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\\].","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Prospective adoptive parents and adults residing with them","content":"#### 11 Prospective adoptive parents and adults residing with them\n\n11 Prospective adoptive parents and adults residing with them\n\n> > (1) This section applies to—\n> > \n> > > (a) a prospective adoptive parent, and\n> > \n> > > (b) a person (an adult resident) who resides on the same property as another person while that other person is a prospective adoptive parent.\n> \n> > (2) 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—\n> > \n> > > (a) the person holds a clearance of any class that is in force, or\n> > \n> > > (b) a current application for a clearance has been made by the person, or\n> > \n> > > (c) the person is exempted by the regulations from the requirement to hold a clearance.\n> \n> > (3) 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.\n> \n> > (4) In this section—\n> > \n> > relevant decision-maker in relation to a prospective adoptive parent means—\n> > \n> > > (a) if the prospective adoptive parent has made an application to adopt a child to the Secretary—the Secretary, or\n> > \n> > > (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.\n> \n> **s 11:** Am 2013 No 31, Sch 1 \\[4\\]. Subst 2014 No 8, Sch 2.2 \\[1\\]. Am 2015 No 29, Sch 2 \\[8\\]–\\[10\\].","sortOrder":21},{"sectionNumber":"11A","sectionType":"section","heading":"Prospective guardians and adults residing with them","content":"#### 11A Prospective guardians and adults residing with them\n\n11A Prospective guardians and adults residing with them\n\n> > (1) This section applies to—\n> > \n> > > (a) a prospective guardian, and\n> > \n> > > (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](/view/html/inforce/current/act-1998-157) and ending when it is finally dealt with.\n> \n> > (2) 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—\n> > \n> > > (a) the person holds a clearance of any class that is in force, or\n> > \n> > > (b) a current application for a clearance has been made by the person, or\n> > \n> > > (c) the person is exempted by the regulations from the requirement to hold a clearance.\n> \n> > (3) 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.\n> \n> > (4) In this section—\n> > \n> > relevant decision-maker in relation to a prospective guardian means—\n> > \n> > > (a) if the application for the guardianship order was made by the Secretary—the Secretary, or\n> > \n> > > (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.\n> \n> **s 11A:** Ins 2014 No 8, Sch 2.2 \\[1\\]. Am 2015 No 29, Sch 2 \\[11\\] \\[12\\]; 2018 No 14, Sch 1 \\[9\\].","sortOrder":22},{"sectionNumber":"11B","sectionType":"section","heading":"Responsible agency must verify person has clearance or current application","content":"#### 11B Responsible agency must verify person has clearance or current application\n\n11B Responsible agency must verify person has clearance or current application\n\n> > (1) For the purposes of this section, the responsible agency is—\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (2) A responsible agency must verify, in accordance with this section, that each adult person for whom the agency is the responsible agency—\n> > \n> > > (a) is the holder of a working with children check clearance, or\n> > \n> > > (b) has made a current application to the Children’s Guardian for a clearance.\n> \n> > (3) For the purposes of any such verification, the responsible agency must ensure that—\n> > \n> > > (a) the relevant details of the person are obtained by the agency, being—\n> > > \n> > > > (i) the person’s full name and date of birth, and\n> > > \n> > > > (ii) the working with children number of the person’s clearance or the application number of the person’s current application, and\n> > \n> > > (b) the agency has access to the working with children register, and\n> > > \n> > > Note.\n> > > \n> > > Responsible agencies can gain access to the register by registering online with the Children’s Guardian.\n> > \n> > > (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\n> > \n> > > (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—\n> > > \n> > > > (i) the working with children number of the person,\n> > > \n> > > > (ii) the expiry date of any clearance of the person.\n> \n> > (4) 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).\n> \n> > (5) This section does not apply—\n> > \n> > > (a) in respect of a person who is exempted by the regulations from the requirement to hold a clearance, or\n> > \n> > > (b) in respect of a responsible agency that is exempted by the regulations from this section.\n> \n> > (6) 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.\n> \n> > (7) For the purposes of subsection (6)—\n> > \n> > > (a) a reference to the working with children number of the person includes a reference to the particulars of the continuing residence approval, and\n> > \n> > > (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.\n> \n> **s 11B:** Ins 2015 No 29, Sch 2 \\[13\\]. Am 2018 No 14, Sch 1 \\[10\\]; 2018 No 46, Sch 2.1\\[5\\].","sortOrder":23},{"sectionNumber":"11C","sectionType":"section","heading":"Candidates for State Parliamentary elections","content":"#### 11C Candidates for State Parliamentary elections\n\n11C Candidates for State Parliamentary elections\n\n> A person who is or intends to be a candidate at an election (within the meaning of the [Electoral Act 2017](/view/html/inforce/current/act-2017-066)) may apply to the Children’s Guardian for a working with children check clearance of the non-volunteer class, unless—\n> \n> > (a) the person holds a clearance of any class that is in force, or\n> \n> > (b) a current application for a clearance has been made by the person.\n> \n> **s 11C:** Ins 2017 No 66, Sch 8.2 \\[2\\].","sortOrder":24},{"sectionNumber":"11D","sectionType":"section","heading":"Continuing residence approval","content":"#### 11D Continuing residence approval\n\n11D Continuing residence approval\n\n> > (1) The Children’s Guardian may, by notice in writing given to a person, grant an approval (a continuing residence approval) to the person to reside on the same property as an authorised carer, even though the person does not hold a working with children check clearance, if—\n> > \n> > > (a) the person is or was, immediately before turning 18 years of age, in the out-of-home care of the authorised carer, and\n> > \n> > > (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.\n> > \n> > Note.\n> > \n> > 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.\n> \n> > (2) 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.\n> \n> > (3) A continuing residence approval may be renewed by the Children’s Guardian.\n> \n> > (4) The Children’s Guardian may, by notice in writing served on a person, cancel a continuing residence approval granted to the person if—\n> > \n> > > (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\n> > \n> > > (b) a change of circumstances occurs that, in the opinion of the Children’s Guardian, makes it no longer appropriate to continue the approval.\n> \n> > (5) A continuing residence approval ceases to have effect if it is cancelled by the Children’s Guardian.\n> \n> > (6) 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.\n> \n> > (7) In this section—\n> > \n> > out-of-home care has the same meaning as it has in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> \n> **s 11D:** Ins 2018 No 14, Sch 1 \\[11\\].","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Working with children check clearances","content":"# Part 3 Working with children check clearances\n\nPart 3 Working with children check clearances","sortOrder":26},{"sectionNumber":"12","sectionType":"section","heading":"Classes of clearances","content":"#### 12 Classes of clearances\n\n12 Classes of clearances\n\n> > (1) There are to be the following classes of working with children check clearances—\n> > \n> > > (a) volunteer—authorising workers to engage in unpaid child-related work,\n> > \n> > > (b) non-volunteer—authorising workers to engage in paid and unpaid child-related work.\n> \n> > (2) 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.","sortOrder":28},{"sectionNumber":"13","sectionType":"section","heading":"Applications for clearances","content":"#### 13 Applications for clearances\n\n13 Applications for clearances\n\n> > (1) A person may apply to the Children’s Guardian for a working with children check clearance.\n> \n> > (2) An application must—\n> > \n> > > (a) be in the form approved by the Children’s Guardian, and\n> > \n> > > (b) be accompanied by any other information required by the Children’s Guardian, and\n> > \n> > > (c) specify the class of clearance applied for.\n> \n> > (3) 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—\n> > \n> > > (a) the conduct of a criminal record check in respect of the applicant,\n> > \n> > > (b) the disclosure of the applicant’s criminal history,\n> > \n> > > (c) other inquiries about the applicant relevant to the application or clearance,\n> > \n> > > (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.\n> \n> > (4) The regulations may—\n> > \n> > > (a) prescribe the fee payable for an application and the manner in which it is to be paid, and\n> > \n> > > (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.\n> \n> > (5) The Children’s Guardian must ensure that each applicant is given an application number and that the applicant is notified of that number.\n> \n> > (6)–(8) (Repealed)\n> \n> **s 13:** Am 2013 No 31, Sch 1 \\[4\\]; 2015 No 29, Sch 2 \\[14\\]; 2022 No 34, Sch 1\\[1\\].","sortOrder":30},{"sectionNumber":"13AA","sectionType":"section","heading":"Withdrawal of applications for clearances","content":"#### 13AA Withdrawal of applications for clearances\n\n13AA Withdrawal of applications for clearances\n\n> > (1) An applicant may, with the consent of the Children’s Guardian, withdraw an application for a working with children check clearance at any time.\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> **s 13AA:** Ins 2022 No 34, Sch 1\\[2\\].","sortOrder":31},{"sectionNumber":"13AB","sectionType":"section","heading":"Termination of applications for clearances","content":"#### 13AB Termination of applications for clearances\n\n13AB Termination of applications for clearances\n\n> > (1) The Children’s Guardian may terminate an application for a working with children check clearance if—\n> > \n> > > (a) the applicant fails to provide, or incorrectly provides, the applicant’s—\n> > > \n> > > > (i) full name, or\n> > > \n> > > > (ii) former name, or\n> > > \n> > > > (iii) known aliases, or\n> > \n> > > (b) the application is a duplicate application.\n> \n> > (2) The Children’s Guardian must terminate an application for a working with children check clearance if notified of the death of the applicant.\n> \n> > (3) 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.\n> \n> > (4) The Children’s Guardian must, as soon as practicable after terminating an application, give written notice of the termination to—\n> > \n> > > (a) for an application terminated under subsection (1)—the applicant, and\n> > \n> > > (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.\n> \n> > (5) In this section—\n> > \n> > duplicate application means an application made by an applicant for a class of clearance for which the applicant has made a previous application not yet determined.\n> \n> **s 13AB:** Ins 2022 No 34, Sch 1\\[2\\].","sortOrder":32},{"sectionNumber":"13A","sectionType":"section","heading":"Embargo after refusal of application or cancellation of clearance","content":"#### 13A Embargo after refusal of application or cancellation of clearance\n\n13A Embargo after refusal of application or cancellation of clearance\n\n> > (1) 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—\n> > \n> > > (a) until 5 years after the date notice of the refusal or cancellation was given to the person, or\n> > \n> > > (b) unless a further early application is permitted under this section.\n> \n> > (2) A further early application is permitted if, after the date of the refusal or cancellation—\n> > \n> > > (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\n> > \n> > > (b) a relevant finding of guilt is quashed or set aside, or\n> > \n> > > (c) a relevant finding the subject of an assessment requirement—\n> > > \n> > > > (i) is quashed or set aside, or\n> > > \n> > > > (ii) otherwise expressly or impliedly ceases to have effect.\n> \n> > (2A) To avoid doubt, this section does not apply to a person to whom section 25A applies.\n> \n> > (3) In this section—\n> > \n> > relevant, in relation to proceedings or a finding, means relevant to the refusal or cancellation.\n> \n> **s 13A:** Ins 2015 No 29, Sch 2 \\[15\\]. Am 2022 No 34, Sch 1\\[3\\] \\[4\\]; 2025 No 56, Sch 1\\[4\\].","sortOrder":33},{"sectionNumber":"14","sectionType":"section","heading":"Assessment requirements","content":"#### 14 Assessment requirements\n\n14 Assessment requirements\n\n> > (1) A person is subject to an assessment requirement under this Act if any of the matters specified in Schedule 1 apply to the person.\n> \n> > (2) 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.\n> \n> **s 14:** Am 2025 No 56, Sch 1\\[5\\].","sortOrder":35},{"sectionNumber":"15","sectionType":"section","heading":"Assessment of applicants and holders","content":"#### 15 Assessment of applicants and holders\n\n15 Assessment of applicants and holders\n\n> > (1) 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.\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> > (4) In making an assessment, the Children’s Guardian may consider the following—\n> > \n> > > (a) the seriousness of any matters that caused the assessment in relation to the person,\n> > \n> > > (b) the period of time since those matters occurred and the conduct of the person since they occurred,\n> > \n> > > (c) the age of the person at the time the matters occurred,\n> > \n> > > (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,\n> > \n> > > (e) the difference in age between the victim and the person and the relationship (if any) between the victim and the person,\n> > \n> > > (f) whether the person knew, or could reasonably have known, that the victim was a child,\n> > \n> > > (g) the person’s present age,\n> > \n> > > (h) the seriousness of the person’s criminal history and the conduct of the person since the matters occurred,\n> > \n> > > (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,\n> > \n> > > (i1) any order of a court or tribunal that is in force in relation to the person,\n> > \n> > > (j) any information given in, or in relation to, the application,\n> > \n> > > (j1) any relevant information in relation to the person that was obtained in accordance with section 36A,\n> > \n> > > (k) any other matters that the Children’s Guardian considers necessary.\n> \n> > (4A) 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—\n> > \n> > > (a) a reasonable person would allow the person’s child to have direct contact with the applicant or holder—\n> > > \n> > > > (i) while not directly supervised by another person, and\n> > > \n> > > > (ii) while the applicant or holder was engaged in child-related work, and\n> > \n> > > (b) the making of the determination is in the public interest.\n> \n> > (5) 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.\n> \n> **s 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\\].","sortOrder":36},{"sectionNumber":"16","sectionType":"section","heading":"Request for further information","content":"#### 16 Request for further information\n\n16 Request for further information\n\n> > (1) 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.\n> \n> > (2) 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.\n> \n> > (3) The Children’s Guardian must—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> **s 16:** Am 2013 No 31, Sch 1 \\[4\\]; 2015 No 29, Sch 2 \\[17\\] \\[18\\]; 2016 No 56, Sch 1 \\[4\\].","sortOrder":37},{"sectionNumber":"17","sectionType":"section","heading":"Interim bars","content":"#### 17 Interim bars\n\n17 Interim bars\n\n> > (1) 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 interim bar, being a bar on the applicant or holder doing any of the following—\n> > \n> > > (a) engaging in child-related work,\n> > \n> > > (b) residing on the same property as an authorised carer,\n> > \n> > > (c) residing on a property where a family day care service is provided.\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> > (4) An interim bar ceases to have effect—\n> > \n> > > (a) on notification in writing by the Children’s Guardian to the applicant or holder that the interim bar is revoked, or\n> > \n> > > (b) in the case of an applicant for a clearance, if the applicant is granted or refused a clearance, or\n> > \n> > > (c) 12 months after the interim bar takes effect,\n> > \n> > whichever occurs first.\n> \n> **s 17:** Am 2013 No 31, Sch 1 \\[4\\] \\[8\\]; 2015 No 29, Sch 2 \\[19\\]–\\[22\\]; 2018 No 46, Sch 2.1\\[6\\].","sortOrder":38},{"sectionNumber":"Division 4","sectionType":"division","heading":"Determination of applications for clearances","content":"## Division 4 Determination of applications for clearances\n\nDivision 4 Determination of applications for clearances","sortOrder":39},{"sectionNumber":"18","sectionType":"section","heading":"Determination of applications for clearances","content":"#### 18 Determination of applications for clearances\n\n18 Determination of applications for clearances\n\n> > (1) Subject to subsection (1A), each of the following persons (a disqualified person) is disqualified from holding a working with children check clearance and the Children’s Guardian must not grant a clearance to the person—\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> > (1A) 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).\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> > (4) 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.\n> \n> **s 18:** Am 2013 No 31, Sch 1 \\[4\\]; 2025 No 56, Sch 1\\[6\\]–\\[8\\].","sortOrder":40},{"sectionNumber":"19","sectionType":"section","heading":"Notice of proposed refusal of application","content":"#### 19 Notice of proposed refusal of application\n\n19 Notice of proposed refusal of application\n\n> > (1) 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.\n> \n> > (2) The Children’s Guardian must consider any submission made by an applicant within that period before finally deciding the application.\n> \n> > (3) This section does not apply to an application for a clearance that is made by a disqualified person.\n> \n> **s 19:** Am 2013 No 31, Sch 1 \\[4\\].","sortOrder":41},{"sectionNumber":"20","sectionType":"section","heading":"Notice of final decision granting or refusing clearance","content":"#### 20 Notice of final decision granting or refusing clearance\n\n20 Notice of final decision granting or refusing clearance\n\n> > (1) 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.\n> \n> > (2) Notice of a decision to grant a clearance must include the working with children number.\n> \n> > (3) 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.\n> \n> > (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.\n> \n> **s 20:** Am 2013 No 31, Sch 1 \\[4\\] \\[9\\]; 2015 No 29, Sch 2 \\[23\\] \\[24\\].","sortOrder":42},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21 (Repealed)","sortOrder":43},{"sectionNumber":"Division 5","sectionType":"division","heading":"Duration and termination of clearances","content":"## Division 5 Duration and termination of clearances\n\nDivision 5 Duration and termination of clearances","sortOrder":45},{"sectionNumber":"22","sectionType":"section","heading":"Duration of clearances","content":"#### 22 Duration of clearances\n\n22 Duration of clearances\n\n> > (1) 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.\n> \n> > (2) 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.\n> \n> > (3) 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](/view/html/inforce/current/act-2018-082) are in force—\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> **s 22:** Am 2018 No 82, Sch 2.1 \\[1\\].","sortOrder":46},{"sectionNumber":"23","sectionType":"section","heading":"Cancellation of clearances","content":"#### 23 Cancellation of clearances\n\n23 Cancellation of clearances\n\n> > (1) 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.\n> \n> > (2) The Children’s Guardian must notify the holder of the clearance in writing of the Children’s Guardian’s decision to cancel the clearance.\n> \n> > (3) 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.\n> \n> > (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.\n> \n> Note.\n> \n> The holder of a clearance may also be made subject to an interim bar (see section 17).\n> \n> **s 23:** Am 2013 No 31, Sch 1 \\[4\\] \\[9\\]; 2015 No 29, Sch 2 \\[26\\].","sortOrder":47},{"sectionNumber":"24","sectionType":"section","heading":"Surrender of clearances or death of holder","content":"#### 24 Surrender of clearances or death of holder\n\n24 Surrender of clearances or death of holder\n\n> > (1) The holder of a working with children check clearance may, with the consent of the Children’s Guardian, surrender the clearance at any time.\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> > (4) The Children’s Guardian must terminate the working with children check clearance of a holder if notified of the holder’s death.\n> \n> **s 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\\].","sortOrder":48},{"sectionNumber":"Division 6","sectionType":"division","heading":"Working with children register","content":"## Division 6 Working with children register\n\nDivision 6 Working with children register","sortOrder":49},{"sectionNumber":"25","sectionType":"section","heading":"Working with children register","content":"#### 25 Working with children register\n\n25 Working with children register\n\n> > (1) The Children’s Guardian must establish a working with children register.\n> \n> > (2) The register must contain the following—\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> > (3) The register is to be maintained in the manner and form approved by the Children’s Guardian.\n> \n> > (4) The Children’s Guardian must ensure that information kept on the register is accurate and up-to-date.\n> \n> > (5) 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.\n> \n> > (6) The regulations may make provision for or with respect to the following—\n> > \n> > > (a) any additional information that may be contained on the register,\n> > \n> > > (b) the entry of information on the register by employers or other persons,\n> > \n> > > (c) making information on the register publicly available or available to particular classes of persons.\n> \n> **s 25:** Am 2013 No 31, Sch 1 \\[4\\]; 2015 No 29, Sch 2 \\[28\\] \\[29\\]; 2018 No 14, Sch 1 \\[14\\] \\[15\\].","sortOrder":50},{"sectionNumber":"Division 7","sectionType":"division","heading":"Mutual recognition negative notices","content":"## Division 7 Mutual recognition negative notices\n\nDivision 7 Mutual recognition negative notices\n\n**pt 3, div 7:** Ins 2025 No 56, Sch 1\\[9\\].","sortOrder":51},{"sectionNumber":"25A","sectionType":"section","heading":"Mutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances","content":"#### 25A Mutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances\n\n25A Mutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances\n\n> > (1) This section applies to a person (a relevant person) if any of the following actions (each a mutual recognition negative notice) applies to the person—\n> > \n> > > (a) the person’s application in another jurisdiction for that jurisdiction’s equivalent to a working with children check clearance is refused,\n> > \n> > > (b) in another jurisdiction, that jurisdiction’s equivalent to a working with children check clearance granted to the person is cancelled,\n> > \n> > > (c) the person is subject, in another jurisdiction, to that jurisdiction’s equivalent of an interim bar.\n> \n> > (2) The relevant person must, as soon as practicable after becoming aware of the mutual recognition negative notice, notify the Children’s Guardian that the relevant person is subject to the notice.\n> \n> > (3) In this jurisdiction—\n> > \n> > > (a) the relevant person must not be granted a working with children check clearance, or\n> > \n> > > (b) if there is a current application by the relevant person to the Children’s Guardian for a working with children check clearance—the application is taken to be terminated at the time the mutual recognition negative notice occurs, or\n> > \n> > > (c) if the relevant person has been granted a working with children check clearance—the relevant person’s working with children check clearance is taken to be cancelled at the time the mutual recognition negative notice occurs.\n> \n> > (4) To avoid doubt, the relevant person cannot apply for an internal review or disqualification reassessment in relation to—\n> > \n> > > (a) the ineligibility under subsection (3)(a) to be granted a working with children check clearance, or\n> > \n> > > (b) the termination under subsection (3)(b) of the relevant person’s application for a working with children check clearance, or\n> > \n> > > (c) the cancellation under subsection (3)(c) of the relevant person’s working with children check clearance.\n> \n> > (5) A relevant person is not entitled to make a further application for a working with children check clearance—\n> > \n> > > (a) until the person is no longer subject to a mutual recognition negative notice, or\n> > \n> > > (b) unless circumstances prescribed by the regulations apply to the person.\n> \n> > (6) For subsection (5)(b), the regulations may provide for matters relating to—\n> > \n> > > (a) the circumstances in which relevant persons may apply for working with children check clearances, and\n> > \n> > > (b) the process for, or conditions applying to, relevant persons applying for working with children check clearances.\n> \n> **s 25A:** Ins 2025 No 56, Sch 1\\[9\\].","sortOrder":52},{"sectionNumber":"Part 4","sectionType":"part","heading":"Internal reviews and reassessments of disqualification","content":"# Part 4 Internal reviews and reassessments of disqualification\n\nPart 4 Internal reviews and reassessments of disqualification\n\n**pt 4:** Subst 2025 No 56, Sch 1\\[10\\].","sortOrder":53},{"sectionNumber":"26","sectionType":"section","heading":"Definitions","content":"#### 26 Definitions\n\n26 Definitions\n\n> In this part—\n> \n> affected person, for a reviewable decision, means any of the following persons—\n> \n> > (a) for a decision to refuse a working with children check clearance—the applicant for the clearance,\n> \n> > (b) for a decision to cancel a working with children check clearance—the person who held the clearance before the clearance was cancelled,\n> \n> > (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.\n> \n> applicant—see section 30B(1).\n> \n> disqualification reassessment—see section 30B(1).\n> \n> internal review—see section 28(1).\n> \n> internal review decision means a decision made under this part on an application for internal review of a reviewable decision.\n> \n> reviewable decision means any of the following decisions—\n> \n> > (a) a decision to refuse a working with children check clearance,\n> \n> > (b) a decision to cancel a working with children check clearance,\n> \n> > (c) a decision to impose an interim bar, if the interim bar has been in effect for more than 6 months.\n> \n> **s 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\\].","sortOrder":55},{"sectionNumber":"27","sectionType":"section","heading":"Persons not entitled to apply for internal review or disqualification reassessment","content":"#### 27 Persons not entitled to apply for internal review or disqualification reassessment\n\n27 Persons not entitled to apply for internal review or disqualification reassessment\n\n> > (1) The following persons are not entitled to apply for an internal review or disqualification reassessment—\n> > \n> > > (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—\n> > > \n> > > > (i) murder,\n> > > \n> > > > (ii) if the person against whom the offence was committed was a child—an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), 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,\n> > > \n> > > > (iii) if the person against whom the offence was committed was a child—the common law offence of rape,\n> > > \n> > > > (iv) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB or 66EC,\n> > > \n> > > > (v) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 67, 68, 71, 72, 72A, 73, 73A, 74 or 76A,\n> > > \n> > > > (vi) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q,\n> > > \n> > > > (vii) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 91D, 91E or 91F,\n> > > \n> > > > (viii) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 91G, 91H, 578B or 578C(2A),\n> > > \n> > > > (ix) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 79 or 530,\n> > > \n> > > > (x) an offence against the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth, section 272.8, 272.10, if it relates to an underlying offence against section 272.8, or 272.11,\n> > > \n> > > > (xi) an offence against the [Criminal Code](http://www.legislation.gov.au/) 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,\n> > > \n> > > > (xii) an offence against any of the following provisions of the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth, if the offence relates to a Class 1 offence within the meaning of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042)—\n> > > > \n> > > > > (A) section 272.18,\n> > > > \n> > > > > (B) section 272.19,\n> > > > \n> > > > > (C) section 272.20,\n> > > \n> > > > (xiii) an offence against the [Criminal Code](http://www.legislation.gov.au/) 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,\n> > > \n> > > > (xiv) an offence against the [Customs Act 1901](http://www.legislation.gov.au/) of the Commonwealth, section 233BAB involving items of child pornography or child abuse material,\n> > > \n> > > > (xv) an offence an element of which is an intention to commit an offence listed in subparagraphs (i)–(xiv),\n> > > \n> > > > (xvi) an offence of attempting, or of conspiracy or incitement, to commit an offence listed in subparagraphs (i)–(xiv),\n> > > \n> > > > (xvii) another offence prescribed by the regulations,\n> > \n> > > (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),\n> > \n> > > (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.\n> \n> > (2) A person convicted of an offence specified in subsection (1) satisfies this subsection if—\n> > \n> > > (a) the person received a sentence of full-time custody for the offence, or\n> > \n> > > (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—\n> > > \n> > > > (i) any of the following orders under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092)—\n> > > > \n> > > > > (A) a home detention order,\n> > > > \n> > > > > (B) an intensive correction order,\n> > > > \n> > > > > (C) a community correction order,\n> > > > \n> > > > > (D) a conditional release order,\n> > > > \n> > > > > (E) an order under section 12 before the repeal of the section,\n> > > \n> > > > (ii) a conditional release order or recognizance release order under the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth, section 20, or\n> > \n> > > (c) a prohibition order under the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046), or a corresponding prohibition order under that Act, section 19, is in force against the person.\n> \n> > (3) 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.\n> \n> > (4) This section applies to convictions for offences whether occurring before, on or after the commencement of this Act.\n> \n> > (5) In this section—\n> > \n> > Criminal Code of the Commonwealth means the Code set out in the schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 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\\].","sortOrder":56},{"sectionNumber":"28","sectionType":"section","heading":"Who may apply for internal review","content":"#### 28 Who may apply for internal review\n\n28 Who may apply for internal review\n\n> > (1) 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 internal review).\n> \n> > (2) An application cannot be made for a further internal review of an internal review decision.\n> \n> **s 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\\].","sortOrder":58},{"sectionNumber":"29","sectionType":"section","heading":"Requirements for application for internal review","content":"#### 29 Requirements for application for internal review\n\n29 Requirements for application for internal review\n\n> > (1) An application for internal review of a reviewable decision must—\n> > \n> > > (a) be in the form approved by the Children’s Guardian, and\n> > \n> > > (b) include the information prescribed by the regulations, and\n> > \n> > > (c) be made to the Children’s Guardian—\n> > > \n> > > > (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\n> > > \n> > > > (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\n> > \n> > > (d) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (e) be accompanied by any additional information required by the Children’s Guardian.\n> \n> > (2) 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.\n> \n> > (3) The application does not stay the operation of the reviewable decision\n> \n> > (4) 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.\n> \n> > (5) The Children’s Guardian may terminate an application for internal review if the affected person fails to comply with a notice under subsection (4).\n> \n> **s 29:** Am 2013 No 31, Sch 1 \\[4\\]; 2013 No 95, Sch 2.23 \\[6\\]. Subst 2025 No 56, Sch 1\\[10\\].","sortOrder":59},{"sectionNumber":"30","sectionType":"section","heading":"Internal review","content":"#### 30 Internal review\n\n30 Internal review\n\n> > (1) The Children’s Guardian must—\n> > \n> > > (a) review the reviewable decision, and\n> > \n> > > (b) decide to—\n> > > \n> > > > (i) confirm the reviewable decision, or\n> > > \n> > > > (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\n> > > \n> > > > (iii) for a decision to impose an interim bar that has been in effect for more than 6 months—set aside the reviewable decision.\n> \n> > (2) For making a decision about a reviewable decision, the Children’s Guardian may share information with and seek advice from—\n> > \n> > > (a) a person suitably qualified to deal with the issues raised by the matters the subject of the reviewable decision, or\n> > \n> > > (b) another person prescribed by the regulations.\n> \n> > (3) In reviewing the reviewable decision, the Children’s Guardian must consider the following information—\n> > \n> > > (a) the information considered in making the reviewable decision,\n> > \n> > > (b) other relevant information given by the affected person in the person’s application or otherwise,\n> > \n> > > (c) other relevant information prescribed by the regulations.\n> \n> > (4) 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—\n> > \n> > > (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\n> > \n> > > (b) it is in the public interest to make the decision.\n> \n> > (5) The application for internal review of a reviewable decision may be dealt with only by a person who—\n> > \n> > > (a) did not make the reviewable decision, and\n> > \n> > > (b) holds an office equal to or more senior than the person who made the reviewable decision.\n> \n> > (6) Subsection (5) does not apply if the reviewable decision was made by the Children’s Guardian personally.\n> > \n> > Note—\n> > \n> > 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.\n> \n> > (7) The regulations may provide for requirements in relation to the conduct of an internal review.\n> \n> **s 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\\].","sortOrder":60},{"sectionNumber":"30A","sectionType":"section","heading":"Decisions about internal review","content":"#### 30A Decisions about internal review\n\n30A Decisions about internal review\n\n> > (1) After making an internal review decision, the internal reviewer must give the affected person written notice of the internal reviewer’s decision.\n> \n> > (2) The notice must include the following information—\n> > \n> > > (a) the findings on material questions of fact, including the evidence or other material on which the findings were based,\n> > \n> > > (b) the understanding of the internal reviewer of the applicable law,\n> > \n> > > (c) the reasons for the internal reviewer’s conclusions and decision.\n> \n> **s 30A:** Ins 2025 No 56, Sch 1\\[10\\].","sortOrder":61},{"sectionNumber":"30B","sectionType":"section","heading":"Who may apply for disqualification reassessments","content":"#### 30B Who may apply for disqualification reassessments\n\n30B Who may apply for disqualification reassessments\n\n> > (1) Subject to section 27, a disqualified person (the applicant) may apply to the Children’s Guardian for a reassessment (a disqualification reassessment) of whether the person should continue to be disqualified under section 18(1).\n> \n> > (2) The applicant may apply for a disqualification reassessment only if—\n> > \n> > > (a) the applicant has been refused a working with children check clearance because the person is a disqualified person, or\n> > \n> > > (b) the applicant’s working with children check clearance has been cancelled under section 23 because the person is a disqualified person.\n> \n> > (3) An application must not be made for an internal review of a disqualification reassessment decision.\n> \n> **s 30B:** Ins 2025 No 56, Sch 1\\[10\\].","sortOrder":63},{"sectionNumber":"30C","sectionType":"section","heading":"Requirements for applications for disqualification reassessment","content":"#### 30C Requirements for applications for disqualification reassessment\n\n30C Requirements for applications for disqualification reassessment\n\n> > (1) The application for the disqualification reassessment must—\n> > \n> > > (a) be in the form approved by the Children’s Guardian, and\n> > \n> > > (b) include the information prescribed by the regulations, and\n> > \n> > > (c) be made within 28 days after the decision to—\n> > > \n> > > > (i) refuse the applicant a working with children check clearance, or\n> > > \n> > > > (ii) cancel the applicant’s working with children check clearance, and\n> > \n> > > (d) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (e) be accompanied by any additional information required by the Children’s Guardian.\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> > (4) The Children’s Guardian may terminate an application for a disqualification reassessment if the applicant fails to comply with a notice under subsection (3).\n> \n> **s 30C:** Ins 2025 No 56, Sch 1\\[10\\].","sortOrder":64},{"sectionNumber":"30D","sectionType":"section","heading":"Disqualification reassessment","content":"#### 30D Disqualification reassessment\n\n30D Disqualification reassessment\n\n> > (1) The Children’s Guardian must—\n> > \n> > > (a) assess the application for a disqualification reassessment and whether the applicant should continue to be disqualified under section 18(1), and\n> > \n> > > (b) decide—\n> > > \n> > > > (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\n> > > \n> > > > (ii) the applicant does not continue to be disqualified under section 18(1) and grant the person a working with children check clearance.\n> \n> > (2) 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.\n> \n> > (3) For making a decision about the application for a disqualification reassessment, the Children’s Guardian may share information with and seek advice from—\n> > \n> > > (a) a person suitably qualified to deal with the issues raised by the matters the subject of the disqualification reassessment, or\n> > \n> > > (b) another person prescribed by the regulations.\n> \n> > (4) Subject to subsection (5), in deciding the application for a disqualification reassessment, the Children’s Guardian must consider the following information—\n> > \n> > > (a) relevant information given by the applicant in the applicant’s application or otherwise,\n> > \n> > > (b) other relevant information reasonably available to the Children’s Guardian,\n> > \n> > > (c) other relevant information prescribed by the regulations.\n> \n> > (5) It must be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.\n> \n> > (6) 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—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (7) The regulations may provide for requirements in relation to the conduct of a disqualification reassessment.\n> \n> **s 30D:** Ins 2025 No 56, Sch 1\\[10\\].","sortOrder":65},{"sectionNumber":"30E","sectionType":"section","heading":"Decisions about disqualification reassessment","content":"#### 30E Decisions about disqualification reassessment\n\n30E Decisions about disqualification reassessment\n\n> > (1) 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.\n> \n> > (2) The notice must include the following information—\n> > \n> > > (a) the findings on material questions of fact, including the evidence or other material on which the findings were based,\n> > \n> > > (b) the understanding of the Children’s Guardian of the applicable law,\n> > \n> > > (c) the reasons for the Children’s Guardian’s conclusions and decision.\n> \n> **s 30E:** Ins 2025 No 56, Sch 1\\[10\\].","sortOrder":66},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provision of information","content":"# Part 5 Provision of information\n\nPart 5 Provision of information","sortOrder":67},{"sectionNumber":"31","sectionType":"section","heading":"Powers of Children’s Guardian to require production of information","content":"#### 31 Powers of Children’s Guardian to require production of information\n\n31 Powers of Children’s Guardian to require production of information\n\n> > (1) The Children’s Guardian may, by notice in writing (an assessment notice), require any person to provide the Children’s Guardian with a statement or information relevant to an assessment of whether a person poses a risk to the safety of children.\n> \n> > (2) A requirement may be made for the purposes of—\n> > \n> > > (a) an internal review or disqualification reassessment under Part 4, or\n> > \n> > > (b) determining an application for a working with children check clearance or an assessment of an applicant or the holder of a clearance, or\n> > \n> > > (c) determining whether to grant a continuing residence approval.\n> \n> > (3) A person to whom an assessment notice is given is authorised and required to comply with the notice.\n> \n> > (4) An assessment notice may specify a day on or before which the notice is to be complied with.\n> \n> > (5) 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 enforcement notice), direct the person to comply with the assessment notice within a period specified in the notice (of not less than 28 days).\n> \n> > (6) The enforcement notice must warn the person that a failure to comply with the notice is an offence.\n> \n> > (7) The Children’s Guardian may revoke an enforcement notice at any time.\n> \n> > (8) A person who fails, without reasonable excuse, to comply with an enforcement notice in force under this section is guilty of an offence.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (9) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.\n> \n> > (10) If documents are given to the Children’s Guardian under this section, the Children’s Guardian—\n> > \n> > > (a) may take possession of, and make copies of or take extracts from, the documents, and\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (11) In this section—\n> > \n> > information includes documents.\n> > \n> > person includes a government agency.\n> \n> **s 31:** Am 2013 No 31, Sch 1 \\[4\\] \\[10\\]. Subst 2018 No 14, Sch 1 \\[20\\]. Am 2025 No 56, Sch 1\\[11\\].","sortOrder":68},{"sectionNumber":"32","sectionType":"section","heading":"Incidental disclosure of information by DPP authorised","content":"#### 32 Incidental disclosure of information by DPP authorised\n\n32 Incidental disclosure of information by DPP authorised\n\n> > (1) 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.\n> \n> > (2) This section has effect despite any other Act or law.\n> \n> **s 32:** Am 2013 No 31, Sch 1 \\[4\\].","sortOrder":69},{"sectionNumber":"33","sectionType":"section","heading":"Notification of offences and other information","content":"#### 33 Notification of offences and other information\n\n33 Notification of offences and other information\n\n> > (1) 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—\n> > \n> > > (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,\n> > \n> > > (b) information relating to the criminal history of a person,\n> > \n> > > (c) without limiting paragraph (a) or (b), information relating to the circumstances of an offence or other matter disclosed under this section.\n> \n> > (2) (Repealed)\n> \n> > (3) 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.\n> \n> > (4) Information about a person’s criminal history may be disclosed under this Act—\n> > \n> > > (a) whether or not the information relates to events that occurred when the person was under the age of 18 years, and\n> > \n> > > (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.\n> \n> **s 33:** Am 2013 No 31, Sch 1 \\[14\\]; 2018 No 14, Sch 1 \\[21\\]–\\[23\\].","sortOrder":70},{"sectionNumber":"33A","sectionType":"section","heading":"Notification of animal cruelty offences","content":"#### 33A Notification of animal cruelty offences\n\n33A Notification of animal cruelty offences\n\n> > (1) An animal welfare body is authorised to disclose to the Children’s Guardian the following information about a person—\n> > \n> > > (a) the commencement by the body of proceedings for an animal cruelty offence by the person,\n> > \n> > > (b) a finding of guilt against the person, whether or not a conviction is recorded, for an animal cruelty offence.\n> \n> > (2) In this section—\n> > \n> > animal cruelty offence means—\n> > \n> > > (a) an offence under the [Prevention of Cruelty to Animals Act 1979](/view/html/inforce/current/act-1979-200), section 5, 6, 11, 12, 15, 16, 17, 18, 18A, 21A or 23, or\n> > \n> > > (b) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 79, 79A, 79B, 80, 530 or 531.\n> > \n> > animal welfare body means each of the following—\n> > \n> > > (a) Royal Society for the Prevention of Cruelty to Animals, New South Wales,\n> > \n> > > (b) Animal Welfare League NSW.\n> \n> **s 33A:** Ins 2021 No 45, Sch 2\\[2\\]. Am 2025 No 67, Sch 2.2\\[2\\].","sortOrder":71},{"sectionNumber":"34","sectionType":"section","heading":"Notification of information relating to criminal history for interstate child-related work screening","content":"#### 34 Notification of information relating to criminal history for interstate child-related work screening\n\n34 Notification of information relating to criminal history for interstate child-related work screening\n\n> > (1) 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—\n> > \n> > > (a) the Australian Criminal Intelligence Commission,\n> > \n> > > (b) a police force or service of the Commonwealth or another State or Territory,\n> > \n> > > (c) an approved interstate screening agency.\n> \n> > (2) 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.\n> \n> > (3) 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.\n> \n> > (4) (Repealed)\n> \n> > (5) 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.\n> \n> > (6) In this section—\n> > \n> > approved interstate screening agency means—\n> > \n> > > (a) a person or body prescribed by the regulations, or\n> > \n> > > (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.\n> > \n> > interstate child-related work screening means using information about persons who work, or seek to work, with children in a way that is authorised or required under a law of the Commonwealth, another State or a Territory, for the purpose of estimating the risk to the safety of children posed by any such person if working with children.\n> \n> **s 34:** Am 2016 No 55, Sch 2.3; 2018 No 14, Sch 1 \\[24\\]; 2020 No 30, Sch 2.6.","sortOrder":72},{"sectionNumber":"35","sectionType":"section","heading":"Notification by reporting bodies of conduct constituting assessment requirement trigger","content":"#### 35 Notification by reporting bodies of conduct constituting assessment requirement trigger\n\n35 Notification by reporting bodies of conduct constituting assessment requirement trigger\n\n> > (1) 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.\n> \n> > (1A) (Repealed)\n> \n> > (2) Notification under this section does not extend to findings made by the reporting body before 3 July 1995 unless—\n> > \n> > > (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\n> > \n> > > (b) a person holding a key position in the organisation has knowledge of a finding made by the reporting body.\n> \n> > (2A) 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).\n> \n> > (2B) Nothing in this section—\n> > \n> > > (a) prevents a reporting body from notifying the Children’s Guardian about a finding made before 3 July 1995, or\n> > \n> > > (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.\n> \n> > (3) The regulations may make provision for or with respect to the following—\n> > \n> > > (a) the form of any such notification,\n> > \n> > > (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,\n> > \n> > > (c) the keeping of records by reporting bodies of information about such matters or potential such matters supplied to the Children’s Guardian,\n> > \n> > > (d) the amendment or withdrawal of a notification by a reporting body.\n> \n> > (4) In this section—\n> > \n> > reporting body means the following—\n> > \n> > > (a), (b) (Repealed)\n> > \n> > > (c) a registration or other licensing authority constituted under an Act,\n> > \n> > > (c1), (d) (Repealed)\n> > \n> > > (e) any other employer or professional or other body that supervises the conduct of an employee prescribed by the regulations for the purposes of this section.\n> \n> **s 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\\].","sortOrder":73},{"sectionNumber":"36","sectionType":"section","heading":"Enforcement notices","content":"#### 36 Enforcement notices\n\n36 Enforcement notices\n\n> > (1) The Children’s Guardian may, by notice in writing served on a reporting body or an officer of a reporting body, require the reporting body to comply with obligations of the reporting body under section 35 within the period specified in the notice.\n> \n> > (2) The Children’s Guardian may serve a notice under this section if it is of the opinion that the reporting body has failed to comply with any provision of section 35.\n> \n> > (3) The notice must set out the reasons for the notice being given.\n> \n> > (4) The period specified in a notice is to be not less than 28 days.\n> \n> > (5) The Children’s Guardian may revoke a notice at any time.\n> \n> > (6) A person who fails, without reasonable excuse, to comply with a notice in force under this section is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units, in the case of a corporation, or 50 penalty units in any other case.\n> \n> > (7) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.\n> \n> > (8) Nothing in this section prevents the Children’s Guardian from contacting reporting bodies for the purpose of informing them of their obligations under this Act or requesting any information that reporting bodies are required to provide to the Children’s Guardian under this Act.\n> \n> **s 36:** Am 2013 No 31, Sch 1 \\[4\\].","sortOrder":74},{"sectionNumber":"36A","sectionType":"section","heading":"Information-sharing","content":"#### 36A Information-sharing\n\n36A Information-sharing\n\n> > (1) The Children’s Guardian may exchange working with children check information with an interstate screening agency.\n> \n> > (2) If a person, acting in good faith, exchanges information in accordance with this section, the person is not liable to civil or criminal action, or disciplinary action, for exchanging the information.\n> \n> > (3) Nothing in this section limits an exchange of working with children check information otherwise permitted under this Act or another Act or law.\n> \n> > (4) In this section—\n> > \n> > interstate screening agency means a body authorised under a law of the Commonwealth, another State or a Territory to conduct interstate child-related work screening, within the meaning of section 34.\n> > \n> > personal information has the same meaning as in the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> > \n> > working with children check information means—\n> > \n> > > (a) information relevant to determining whether to grant or cancel a working with children check clearance, or its equivalent in another jurisdiction, to a particular person, and\n> > \n> > > (b) personal information about the holder of a clearance, and\n> > \n> > > (c) information about whether a person has been cleared to engage in child-related work, and\n> > \n> > > (d) information recorded on the NRS database, within the meaning of section 36D.\n> \n> **s 36A:** Ins 2016 No 56, Sch 1 \\[13\\]. Subst 2022 No 34, Sch 1\\[9\\]. Am 2022 No 59, Sch 2.6.","sortOrder":75},{"sectionNumber":"36AA","sectionType":"section","heading":"Obtaining and sharing information—NDIS Screening Agency","content":"#### 36AA Obtaining and sharing information—NDIS Screening Agency\n\n36AA Obtaining and sharing information—NDIS Screening Agency\n\n> > (1) The Children’s Guardian may obtain relevant information from and disclose relevant information to the NDIS Screening Agency for an authorised purpose.\n> \n> > (2) In this section—\n> > \n> > authorised purpose means any purpose that is for or in connection with the execution or administration of a relevant law and includes (without limitation) the following purposes—\n> > \n> > > (a) verification of the identity of a person who is an applicant for or the holder of a clearance under a relevant law,\n> > \n> > > (b) consideration and determination of a person’s application under a relevant law,\n> > \n> > > (c) assessing and determining whether a person poses a risk to the safety of children or a risk of harm to persons with disability,\n> > \n> > > (d) assessing and determining whether a risk assessment of a person is required under a relevant law,\n> > \n> > > (e) ongoing monitoring of a person who holds a clearance under a relevant law for the purpose of determining whether the person requires a risk assessment under a relevant law or poses a risk to the safety of children or a risk of harm to persons with disability.\n> > \n> > clearance history of a person means the history of action taken under a relevant law in respect of an application for a clearance by the person or a clearance held by the person under the relevant law, including any risk assessment determination, interim bar, refusal of an application and the suspension or cancellation of a clearance.\n> > \n> > NDIS Screening Agency means the Screening Agency under the [National Disability Insurance Scheme (Worker Checks) Act 2018](/view/html/inforce/current/act-2018-082) and includes any person exercising functions in the execution or administration of that Act.\n> > \n> > relevant information means the following information about a person—\n> > \n> > > (a) information relevant to verification of the identity of the person,\n> > \n> > > (b) information about the person disclosed in an application under a relevant law,\n> > \n> > > (c) information about the person’s criminal history in this or any other jurisdiction,\n> > \n> > > (d) information about workplace misconduct by the person in this or any other jurisdiction, being misconduct that concerns children or persons with disability,\n> > \n> > > (e) information about any order imposed on the person by a court relating to child protection, apprehended violence or domestic or family violence in this or any other jurisdiction,\n> > \n> > > (f) information relevant to determining whether the person requires a risk assessment under a relevant law,\n> > \n> > > (g) information about the person’s clearance history,\n> > \n> > > (h) other information relevant to determining whether the person poses a risk to the safety of children or a risk of harm to persons with disability.\n> > \n> > relevant law means this Act or the [National Disability Insurance Scheme (Worker Checks) Act 2018](/view/html/inforce/current/act-2018-082).\n> \n> **s 36AA:** Ins 2018 No 82, Sch 2.1 \\[2\\].","sortOrder":76},{"sectionNumber":"36B","sectionType":"section","heading":"Duty to keep information up to date","content":"#### 36B Duty to keep information up to date\n\n36B Duty to keep information up to date\n\n> > (1) A person who holds a working with children check clearance or who has made a current application to the Children’s Guardian for a working with children check clearance must notify the Children’s Guardian of any change to the person’s personal details within 3 months of the change occurring.\n> \n> > (2) The notice must be given in a form approved by the Children’s Guardian.\n> \n> > (3) A person’s personal details are as follows—\n> > \n> > > (a) the person’s name,\n> > \n> > > (b) the person’s address,\n> > \n> > > (c) the person’s contact details,\n> > \n> > > (e) any other information of a kind prescribed by the regulations.\n> \n> > (4) A person who, without reasonable excuse, fails to comply with this section is guilty of an offence.\n> \n> Maximum penalty—5 penalty units.\n> \n> **s 36B:** Ins 2018 No 14, Sch 1 \\[25\\].","sortOrder":77},{"sectionNumber":"36C","sectionType":"section","heading":"Duty to disclose if convicted or found guilty of offence outside Australia","content":"#### 36C Duty to disclose if convicted or found guilty of offence outside Australia\n\n36C Duty to disclose if convicted or found guilty of offence outside Australia\n\n> > (1) A relevant person must notify the Children’s Guardian of the commencement of proceedings, a conviction or a finding of guilt against the relevant person of a prescribed criminal offence outside Australia—\n> > \n> > > (a) when an application for a working with children check clearance is made by the person, and\n> > \n> > > (b) within 10 business days after the person becomes aware of the commencement, conviction or finding.\n> \n> > (2) Subsection (1) applies to a commencement of proceedings, conviction or finding of guilt, regardless of whether the proceedings commence or the conviction or finding of guilt occurs before or after the commencement of this section.\n> \n> > (3) Nothing in this section requires a person to notify the Children’s Guardian of the same commencement of proceedings, conviction or finding of guilt more than once.\n> \n> > (4) The notice must be given in the form approved by the Children’s Guardian.\n> \n> > (5) A person who, without reasonable excuse, fails to comply with this section is guilty of an offence.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (6) In this section—\n> > \n> > prescribed criminal offence means an offence equivalent to an offence—\n> > \n> > > (a) specified in Schedule 1 or 2, or\n> > \n> > > (b) prescribed by the regulations.\n> > \n> > relevant person means—\n> > \n> > > (a) an applicant for a working with children check clearance, and\n> > \n> > > (b) a person prescribed by the regulations.\n> \n> **s 36C:** Ins 2022 No 34, Sch 1\\[10\\] (am 2024 No 81, Sch 1).","sortOrder":78},{"sectionNumber":"36D","sectionType":"section","heading":"National Reference System database","content":"#### 36D National Reference System database\n\n36D National Reference System database\n\n> > (1) The Children’s Guardian must record on the NRS database the following information in relation to a negative notice—\n> > \n> > > (a) the name and date of birth of the person issued with the negative notice,\n> > \n> > > (b) the type of negative notice,\n> > \n> > > (c) a change in the status of the negative notice.\n> \n> > (2) If the Children’s Guardian records a change in the status of a negative notice on the NRS database, the Children’s Guardian must, as soon as reasonably practicable after recording the change, notify each relevant interstate screening agency of the change.\n> \n> > (3) In this section—\n> > \n> > interstate screening agency—see section 36A.\n> > \n> > negative notice means a notice issued, whether before or after the commencement of this section, to a person in relation to the following—\n> > \n> > > (a) an interim bar, including interim bars that have ceased to have effect,\n> > \n> > > (b) a disqualification,\n> > \n> > > (c) the refusal of an application for a clearance,\n> > \n> > > (d) the cancellation of a clearance.\n> > \n> > NRS database means the database known as the National Reference System database.\n> > \n> > relevant interstate screening agency means an interstate screening agency that has accessed the record in relation to which the change is recorded on the NRS database.\n> \n> **s 36D:** Ins 2022 No 34, Sch 1\\[10\\].","sortOrder":79},{"sectionNumber":"Part 6","sectionType":"part","heading":"Functions of Children’s Guardian","content":"# Part 6 Functions of Children’s Guardian\n\nPart 6 Functions of Children’s Guardian\n\n**pt 6, hdg:** Am 2013 No 31, Sch 1 \\[11\\].","sortOrder":80},{"sectionNumber":"37","sectionType":"section","heading":"Database functions of Children’s Guardian","content":"#### 37 Database functions of Children’s Guardian\n\n37 Database functions of Children’s Guardian\n\n> The Children’s Guardian may exercise the following functions—\n> \n> > (a) collecting and maintaining a database of the following, including updating, correcting and removing entries on the database—\n> > \n> > > (i) applications for, and determinations of, internal reviews under Part 4, Division 2,\n> > \n> > > (ii) applications for, and determinations of, disqualification reassessments under Part 4, Division 3.\n> \n> > (b) collecting and maintaining a database of notifications to the Children’s Guardian of matters that constitute or might constitute the basis of an assessment requirement, including updating, correcting and removing entries on the database,\n> \n> > (c) collecting and maintaining a database of employers and other persons who verify information about working with children check clearances and applications for clearances, including updating, correcting or removing entries on the database.\n> \n> **s 37:** Am 2013 No 31, Sch 1 \\[4\\] \\[10\\]; 2015 No 29, Sch 2 \\[34\\]; 2025 No 56, Sch 1\\[12\\].","sortOrder":81},{"sectionNumber":"38","sectionType":"section","heading":"Children’s Guardian’s public awareness and advice functions","content":"#### 38 Children’s Guardian’s public awareness and advice functions\n\n38 Children’s Guardian’s public awareness and advice functions\n\n> > (1) The Children’s Guardian may promote public awareness of and provide advice on requirements for working with children check clearances and related matters concerning child-related work, including encouraging organisations to develop their capacity to be safe for children.\n> \n> > (2) Without limiting subsection (1), the Children’s Guardian may make information available to employers and other persons about matters to consider in relation to employing persons to work with children.\n> \n> Note.\n> \n> For the Children’s Guardian’s other child-related employment functions, see Part 6 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> **s 38:** Am 2013 No 31, Sch 1 \\[4\\] \\[12\\] \\[13\\]; 2015 No 29, Sch 2 \\[35\\]; 2019 No 25, Sch 5.6\\[5\\].","sortOrder":82},{"sectionNumber":"39","sectionType":"section","heading":"Children’s Guardian’s monitoring and auditing functions","content":"#### 39 Children’s Guardian’s monitoring and auditing functions\n\n39 Children’s Guardian’s monitoring and auditing functions\n\n> > (1) The Children’s Guardian is to monitor and audit compliance with the requirements of this Act and the regulations.\n> \n> > (2) The Minister may give the Children’s Guardian a written direction on the exercise of its functions under this section, and the Children’s Guardian is to comply with the direction.\n> \n> **s 39:** Am 2013 No 31, Sch 1 \\[4\\] \\[14\\].","sortOrder":83},{"sectionNumber":"40","sectionType":"section","heading":"Power to compel production of information for monitoring or auditing purposes","content":"#### 40 Power to compel production of information for monitoring or auditing purposes\n\n40 Power to compel production of information for monitoring or auditing purposes\n\n> > (1) For the purposes of exercising its monitoring or auditing functions under this Act, the Children’s Guardian may, by notice in writing, require an officer of a government agency, an employer or a body that supervises, represents or has other functions with respect to an employer to do any one or more of the following—\n> > \n> > > (a) to provide to the Children’s Guardian, on or before a day specified in the notice, a statement setting out such information as is so specified relating to the matters being monitored or audited,\n> > \n> > > (b) to provide to the Children’s Guardian, on or before a day specified in the notice, such documents as are so specified relating to the matters being monitored or audited.\n> \n> > (2) A person who—\n> > \n> > > (a) fails, without reasonable excuse, to comply with a requirement of a notice under this section, or\n> > \n> > > (b) provides the Children’s Guardian with information that the person knows is false or misleading in a material particular,\n> > \n> > is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.\n> \n> > (3) A notice may specify the manner in which a statement or documents may be given to the Children’s Guardian.\n> \n> > (4) If documents are given to the Children’s Guardian under this section, the Children’s Guardian—\n> > \n> > > (a) may take possession of, and make copies of or take extracts from, the documents, and\n> > \n> > > (b) may keep possession of the documents for such period as is necessary for the purposes of exercising its monitoring or auditing functions, and\n> > \n> > > (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.\n> \n> > (5) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.\n> \n> **s 40:** Am 2013 No 31, Sch 1 \\[4\\].","sortOrder":84},{"sectionNumber":"40A","sectionType":"section","heading":"Power to audit declarations made by exempt workers","content":"#### 40A Power to audit declarations made by exempt workers\n\n40A Power to audit declarations made by exempt workers\n\n> > (1) This section applies to a statutory declaration provided to an employer by an exempt worker that contains information relating to the offences specified in Schedule 2.\n> \n> > (2) The Children’s Guardian may audit the accuracy of the statutory declaration, or may authorise a person to carry out such an audit.\n> \n> > (3) The Children’s Guardian may authorise a person under this section only if the Privacy Commissioner advises the Children’s Guardian, in writing, that the Privacy Commissioner is satisfied that the person is able to adequately provide for the security of any information obtained in the exercise of functions pursuant to the authorisation.\n> \n> > (4) The Commissioner of Police is authorised to disclose (or arrange for a member of the NSW Police Force to disclose) the following information for the purposes of this section—\n> > \n> > > (a) information relating to spent convictions, despite anything to the contrary in the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008),\n> > \n> > > (b) information relating to offences, despite anything to the contrary in section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> \n> > (5) If a person authorised under this section reasonably believes that a statutory declaration is inaccurate, the person must, as soon as practicable, inform the Children’s Guardian and provide any information relevant to that belief to the Children’s Guardian.\n> \n> > (6) The Children’s Guardian may disclose information obtained under this section to the following persons—\n> > \n> > > (a) the person who made the statutory declaration,\n> > \n> > > (b) the employer of that person,\n> > \n> > > (c) a police officer of the State or of the Commonwealth or another State or Territory,\n> > \n> > > (d) the Ombudsman,\n> > \n> > > (e) any other investigative agency that the Children’s Guardian considers appropriate,\n> > \n> > > (f) the Department,\n> > \n> > > (g) the Director of Public Prosecutions,\n> > \n> > > (h) a court or tribunal,\n> > \n> > > (i) an approved interstate screening agency,\n> > \n> > > (j) the Minister,\n> > \n> > > (k) the Privacy Commissioner,\n> > \n> > > (l) any other person approved by the Privacy Commissioner and prescribed in the regulations.\n> \n> > (7) The Minister may give the Children’s Guardian a written direction on the exercise of functions under this section and the Children’s Guardian is to comply with the direction.\n> \n> > (8) In this section, exempt worker means a worker who is exempted by the regulations from the requirement to hold a clearance.\n> \n> **s 40A:** Ins 2013 No 31, Sch 1 \\[15\\]. Am 2015 No 29, Sch 2 \\[36\\].","sortOrder":85},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":86},{"sectionNumber":"41","sectionType":"section","heading":"Act to bind Crown","content":"#### 41 Act to bind Crown\n\n41 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":87},{"sectionNumber":"42","sectionType":"section","heading":"Effect of Act on other rights and procedures","content":"#### 42 Effect of Act on other rights and procedures\n\n42 Effect of Act on other rights and procedures\n\n> > (1) An assessment under this Act or interstate child-related work screening (as referred to in section 34) may be conducted, and information disclosed or obtained, in accordance with this Act despite any other Act or law to the contrary.\n> \n> > (2) Nothing in this Act affects any statutory right that an employee may have in relation to employment or termination of employment.\n> \n> > (3) However, any court or tribunal exercising jurisdiction with respect to any such right must have regard to the results of any determination of an application for a working with children check clearance or assessment carried out under this Act in connection with the work concerned and the welfare of children as the paramount consideration in that determination or assessment.\n> \n> > (4) Nothing in this Act affects the operation of Part 2 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> > (5) This section is subject to section 47.","sortOrder":88},{"sectionNumber":"42A","sectionType":"section","heading":"Expert advisory panel","content":"#### 42A Expert advisory panel\n\n42A Expert advisory panel\n\n> > (1) The Children’s Guardian may appoint an expert advisory panel to provide advice to the Children’s Guardian about matters relating to offenders for the purposes of assisting the Children’s Guardian in carrying out risk assessments and exercising functions under this Act.\n> \n> > (2), (3) (Repealed)\n> \n> > (4) The Children’s Guardian may, when exercising functions under this Act, consider any advice provided by the expert advisory panel.\n> \n> > (5) The terms of the appointment and any remuneration of members of the expert advisory panel are to be determined by the Children’s Guardian and must be approved by the Minister.\n> \n> **s 42A:** Ins 2015 No 29, Sch 2 \\[37\\]. Am 2025 No 56, Sch 1\\[13\\] \\[14\\].","sortOrder":89},{"sectionNumber":"43","sectionType":"section","heading":"Protection of persons relating to child-related work","content":"#### 43 Protection of persons relating to child-related work\n\n43 Protection of persons relating to child-related work\n\n> > (1) Anything done or omitted to be done by a person in good faith and with reasonable care—\n> > \n> > > (a) for the purpose of the determination of an application for a working with children check clearance or an assessment of the holder of a clearance, or\n> > \n> > > (b) for the purpose of exercising a function under this Act,\n> > \n> > does not subject the person to any action, liability, claim or demand.\n> \n> > (2) Without limiting subsection (1)—\n> > \n> > > (a) a person has qualified privilege in proceedings for defamation in respect of anything done or omitted to be done by the person for the purposes of the determination of an application for a clearance or an assessment or otherwise exercising a function under this Act, and\n> > \n> > > (b) damages or compensation (whether for breach of contract or otherwise) are not payable in respect of a decision not to grant a clearance or to cancel a clearance, or to impose an interim bar, as a result of an assessment carried out in good faith and with reasonable care for the purposes of this Act or a review application.\n> \n> > (3) This section does not limit or affect any other right, privilege or immunity that a person has as a defendant in any proceedings.","sortOrder":90},{"sectionNumber":"44","sectionType":"section","heading":"Evidentiary certificate","content":"#### 44 Evidentiary certificate\n\n44 Evidentiary certificate\n\n> A certificate issued by the Children’s Guardian that states that, on a specified date or during a specified period—\n> \n> > (a) a specified person was or was not the holder of a working with children check clearance, or\n> \n> > (b) a specified person had or had not made an application for a clearance, or\n> \n> > (c) a clearance was or was not in force, or\n> \n> > (d) a specified person was or was not subject to an interim bar,\n> \n> is admissible in legal proceedings as evidence of the matters so stated.\n> \n> **s 44:** Am 2013 No 31, Sch 1 \\[4\\].","sortOrder":91},{"sectionNumber":"45","sectionType":"section","heading":"Unauthorised disclosure or dishonest collection of information","content":"#### 45 Unauthorised disclosure or dishonest collection of information\n\n45 Unauthorised disclosure or dishonest collection of information\n\n> > (1) A person who discloses any information obtained by the person in connection with the exercise of functions under this Act or the regulations is guilty of an offence unless the disclosure—\n> > \n> > > (a) is made in good faith for the purposes of the exercise of a function under this Act or the regulations, or\n> > \n> > > (b) is made with the consent of the person to whom the information relates, or\n> > \n> > > (c) is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or\n> > \n> > > (d) is made with other lawful excuse.\n> \n> > (2) A person who dishonestly obtains confidential information relating to the exercise of functions under this Act or the regulations is guilty of an offence.\n> \n> > (3) For the avoidance of doubt, if a worker has consented to the disclosure to an agency prescribed by the regulations of information indicating that a criminal record check did not disclose any criminal record in relation to the worker, the Children’s Guardian may, at the time of the verification of the worker under section 9A, disclose that information to the head of the agency.\n> \n> Maximum penalty—50 penalty units, or imprisonment for 6 months, or both.\n> \n> **s 45:** Am 2016 No 56, Sch 1 \\[14\\]; 2022 No 34, Sch 1\\[11\\].","sortOrder":92},{"sectionNumber":"45A","sectionType":"section","heading":"False or misleading statements","content":"#### 45A False or misleading statements\n\n45A False or misleading statements\n\n> A person must not, in any application under this Act or the regulations, or in connection with an inquiry made by the Children’s Guardian in relation to any such application, make a statement or furnish information that the person knows to be false or misleading in a material particular.\n> \n> Maximum penalty—5 penalty units.\n> \n> **s 45A:** Ins 2016 No 56, Sch 1 \\[15\\].","sortOrder":93},{"sectionNumber":"46","sectionType":"section","heading":"Obtaining information on disciplinary matters under Government Information (Public Access) Act 2009","content":"#### 46 Obtaining information on disciplinary matters under Government Information (Public Access) Act 2009\n\n46 Obtaining information on disciplinary matters under [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052)\n\n> > (1) A person against whom a finding referred to in clause 2 of Schedule 1 has been made is, subject to this section, entitled to apply for access under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052) to any information about the finding. That Act applies to the determination of any such application for access.\n> \n> > (2) Any provision of that Act relating to fees or charges payable by applicants does not apply to such an application for access.\n> \n> > (3) The provisions of the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052) apply for the purposes of this section whether or not the agency is an agency to which those provisions apply.\n> \n> > (4) The regulations under this Act may modify any provisions of that Act in its application under this section.","sortOrder":94},{"sectionNumber":"47","sectionType":"section","heading":"Relationship with other Acts and laws","content":"#### 47 Relationship with other Acts and laws\n\n47 Relationship with other Acts and laws\n\n> > (1) A prohibition on employment under this Act prevails to the extent of any inconsistency between it and any other Act or law.\n> \n> > (2) The Industrial Relations Commission or any other court or tribunal does not have jurisdiction under any Act or law to order the re-instatement or re-employment of a person or worker contrary to a prohibition on employment imposed by this Act, or to order the payment of damages or compensation for any removal from employment of a person from employment prohibited under this Act.","sortOrder":95},{"sectionNumber":"48","sectionType":"section","heading":"Information about old offences may be given","content":"#### 48 Information about old offences may be given\n\n48 Information about old offences may be given\n\n> For the purposes of this Act, section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) does not apply to or in respect of an offence referred to in Schedule 1 or 2.","sortOrder":96},{"sectionNumber":"48A","sectionType":"section","heading":"Reports under Children and Young Persons (Care and Protection) Act 1998","content":"#### 48A Reports under Children and Young Persons (Care and Protection) Act 1998\n\n48A Reports under [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)\n\n> > (1) Any information obtained by the Children’s Guardian in the course of exercising functions under this Act may be used for the purposes of making a report to the Secretary under section 24 (Report concerning child or young person at risk of significant harm) or 27 (Mandatory reporting) of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> \n> > (1A) Any information about or in connection with a person (who the Children’s Guardian reasonably believes to be any one or more of the following) that has been obtained or used by the Children’s Guardian in the course of exercising functions under this Act, may be disclosed to the Secretary for the purposes of the Secretary exercising functions under Chapter 4 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)—\n> > \n> > > (a) a person who is or has been an authorised carer, a carer applicant, a prospective adoptive parent, a guardian or a prospective guardian,\n> > \n> > > (b) a person who resides or has resided on the same property as another person while that other person is or was an authorised carer, a carer applicant, a prospective adoptive parent, a guardian or a prospective guardian.\n> \n> > (2) A report referred to in section 29 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) may be provided to the Children’s Guardian for the purpose of the exercise of the Children’s Guardian’s functions under this Act. Any such report may not be subsequently dealt with by the Children’s Guardian in a manner that contravenes that section, except to the extent that it is necessary for the Children’s Guardian to do so in the exercise of functions under this Act.\n> \n> > (3) In this section—\n> > \n> > guardian has the same meaning as in section 79A of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> \n> **s 48A:** Ins 2013 No 31, Sch 1 \\[16\\]. Am 2015 No 29, Sch 2 \\[38\\]–\\[40\\].","sortOrder":97},{"sectionNumber":"49","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 49 Nature of proceedings for offences\n\n49 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.","sortOrder":98},{"sectionNumber":"50","sectionType":"section","heading":"Offences by corporations","content":"#### 50 Offences by corporations\n\n50 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) Subsection (1) does not apply in respect of a contravention of a provision of the regulations that is declared by the regulations to be an excluded provision for the purposes of this section.\n> \n> > (3) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.\n> \n> > (4) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act.\n> \n> > (5) This section applies only to offences against Part 2.","sortOrder":99},{"sectionNumber":"50A","sectionType":"section","heading":"Penalty notices","content":"#### 50A Penalty notices\n\n50A Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 50A:** Ins 2018 No 14, Sch 1 \\[26\\].","sortOrder":100},{"sectionNumber":"50B","sectionType":"section","heading":"Authorised officers","content":"#### 50B Authorised officers\n\n50B Authorised officers\n\n> > (1) The Children’s Guardian may appoint any person employed in the Office of the Children’s Guardian (or any class of persons so employed) as an authorised officer for the purposes of this Act.\n> \n> > (2) The Children’s Guardian may revoke or amend an appointment at any time.\n> \n> > (3) Every authorised officer is to be provided with identification as an authorised officer.\n> \n> > (4) In the course of exercising the functions of an authorised officer under this Act, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person the officer’s identification as an authorised officer.\n> \n> **s 50B:** Ins 2018 No 14, Sch 1 \\[26\\].","sortOrder":101},{"sectionNumber":"51","sectionType":"section","heading":"Service of documents","content":"#### 51 Service of documents\n\n51 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be given to any person may be given by—\n> > \n> > > (a) in the case of a natural person—\n> > > \n> > > > (i) delivering it to the person personally, or\n> > > \n> > > > (ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or\n> > > \n> > > > (iii) sending it by facsimile transmission to the facsimile number of the person or by email to the email address of the person, or\n> > \n> > > (b) in the case of a body corporate—\n> > > \n> > > > (i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or\n> > > \n> > > > (ii) sending it by facsimile transmission to the facsimile number of the body corporate or by email to the email address of the body corporate.\n> \n> > (2) Notice of a working with children number may be given to a person by sending it by SMS message to the person’s last known mobile telephone number.\n> \n> > (3) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.\n> \n> **s 51:** Am 2015 No 29, Sch 2 \\[41\\].","sortOrder":102},{"sectionNumber":"52","sectionType":"section","heading":"Regulations","content":"#### 52 Regulations\n\n52 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the information to be provided by the Children’s Guardian to applicants for or holders of working with children check clearances,\n> > \n> > > (b) the exemption of persons or classes of persons from all or any requirements of this Act, unconditionally or subject to conditions.\n> \n> > (3) The regulations may amend Schedule 1 or Schedule 2.\n> \n> > (4) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.\n> \n> **s 52:** Am 2013 No 31, Sch 1 \\[4\\].","sortOrder":103},{"sectionNumber":"53","sectionType":"section","heading":"Review of Act","content":"#### 53 Review of Act\n\n53 Review of Act\n\n> > (1) The Minister must review the amendments made by the [Child Protection (Working with Children) and Other Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-56) to determine whether—\n> > \n> > > (a) the policy objectives of the amendments remain valid, and\n> > \n> > > (b) the terms of the amendments remain appropriate for securing the objectives.\n> \n> > (2) The review must be undertaken as soon as practicable after the period of 18 months from the commencement of this section.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 30 months after the commencement of this section.\n> \n> **s 53:** Subst 2025 No 56, Sch 1\\[15\\].","sortOrder":104},{"sectionNumber":"54","sectionType":"section","heading":null,"content":"#### 54\n\n54 (Repealed)","sortOrder":105},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Assessment requirement triggers","content":"# Schedule 1 Assessment requirement triggers\n\nSchedule 1 Assessment requirement triggers\n\n**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\\]; 2025 No 57, Sch 2.1.","sortOrder":107},{"sectionNumber":"2A","sectionType":"section","heading":"Notification in relation to reportable conduct matter","content":"#### 2A Notification in relation to reportable conduct matter\n\n2A Notification in relation to reportable conduct matter\n\n> Information about a person has been referred, in accordance with section 56(2) of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), for the purpose of considering an interim bar during the course of an investigation under Part 4 of that Act.","sortOrder":110},{"sectionNumber":"2B","sectionType":"section","heading":"Notification in relation to negative notices in other jurisdictions","content":"#### 2B Notification in relation to negative notices in other jurisdictions\n\n2B Notification in relation to negative notices in other jurisdictions\n\n> > (1) The Children’s Guardian is made aware that a person was issued with a negative notice that is no longer in effect.\n> \n> > (2) In this clause—\n> > \n> > negative notice—see section 36D.","sortOrder":111},{"sectionNumber":"2C","sectionType":"section","heading":"Notices under Children (Education and Care Services) National Law (NSW)","content":"#### 2C Notices under Children (Education and Care Services) National Law (NSW)\n\n2C Notices under [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)\n\n> A person has been given a prohibition notice under the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), section 182.","sortOrder":112},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Disqualifying offences","content":"# Schedule 2 Disqualifying offences\n\nSchedule 2 Disqualifying offences\n\n**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\\]; 2025 No 67, Sch 2.2\\[3\\].","sortOrder":114},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**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\\].","sortOrder":117},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 1987 No 15, sec 30C.","sortOrder":152}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its original 2012 focus on screening employees and volunteers in specified child-related sectors. Amendments have progressively widened it to mandate clearances for adults residing with authorised carers or family day care providers (s 10), prospective adoptive parents and guardians (ss 11 and 11A), key office-holders (s 9B), parliamentary candidates (s 11C) and, from 2025, automatic recognition of interstate refusals, cancellations and bars (s 25A). It now encompasses ongoing monitoring, information sharing with NDIS and animal welfare bodies, and a broader 'risk to the safety of children' test (s 5B), transforming it into a comprehensive, cross-jurisdictional child safety regime."},"complexity_factors":["Over 50 defined terms in s 5, many cross-referencing other Acts such as the Children’s Guardian Act 2019, Children and Young Persons (Care and Protection) Act 1998 and Crimes Act 1900","Two detailed schedules listing dozens of triggering offences and disqualifying offences, with complex rules on timing, jurisdiction and exceptions","Nested assessment criteria in s 15(4) and (4A) including a 'reasonable person' test and public interest limb, plus risk assessment triggers in Schedule 1 that were expanded in 2025","Multi-layered Part 4 process for internal reviews and disqualification reassessments (substantially rewritten in 2025), with strict time limits, additional information powers and presumptions against the applicant","Extensive cross-references to regulations for exemptions, declarations of child-related work, fees, forms and transitional provisions across multiple schedules"],"plain_english_summary":"**Keeping children safe from harm**\n\nThis law protects children by stopping certain people from doing paid or unpaid work that involves regular direct contact with them (called \"child-related work\"). It requires most people in roles like teaching, childcare, coaching sports, religious leadership, or providing health or disability services to children to get a Working with Children Check clearance first. The clearance is valid for 5 years and comes in two classes: one for volunteers and one for paid work.\n\nThe Children's Guardian runs the checks, looks at a person's full criminal history (even old or spent offences), and does a risk assessment if there are any red flags like offences against children or patterns of violence. If someone poses a \"real and appreciable risk\" to children, they are barred. Employers must verify clearances, keep records for 7 years, and not hire anyone without one. Adults living with foster carers, family day care providers, or prospective adoptive parents usually need a clearance too.\n\nChild safety is the paramount consideration. The law includes defences for honest mistakes, rules for temporary bars while checks are done, appeal processes, and information sharing with other agencies. It works alongside laws like the Children's Guardian Act 2019 and Adoption Act 2000."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The law has clearly expanded well beyond its original 2012 scope. The very high number of amendments (over 40 versions in 14 years) indicates the legislature has repeatedly broadened the categories of people covered, the types of offences considered, and the administrative mechanisms involved. The pending amendment linking animal sexual abuse offences to child protection checks suggests the scope continues to grow to address newly identified risk factors not contemplated when the Act was first passed."},"complexity_factors":["The legislation has been amended approximately 40 times since 2012, creating a layered and evolving legal framework that is difficult to track without accessing historical versions","Multiple categories of 'regulated activity' and exemptions require careful analysis to determine who is and isn't covered","The clearance/exclusion decision-making process involves discretionary assessments of risk, criminal history, and other factors — not a simple pass/fail based on one criterion","Interaction with other laws (e.g. Crimes Act, privacy laws, Commonwealth legislation) adds cross-jurisdictional complexity","Pending amendments (e.g. animal sexual abuse offences) create uncertainty about the complete current state of the law","Different rules apply depending on whether a person is paid, a volunteer, employed, self-employed, or a contractor","Appeals and review mechanisms add procedural complexity for affected individuals"],"plain_english_summary":"## Child Protection (Working with Children) Act 2012 (NSW)\n\n### What is this law?\nThis is a **New South Wales law** that creates a screening system — known as a **Working with Children Check (WWCC)** — to protect children from people who may pose a risk to them. Before anyone can work or volunteer in roles that involve contact with children, they must pass this check.\n\n### Who does it affect?\n\n**If you work or volunteer with children**, this law directly affects you. This includes:\n- Teachers, childcare workers, and coaches\n- Volunteers at youth organisations, scouts, sports clubs\n- Tutors, babysitters in commercial settings\n- Healthcare workers who treat children\n- Foster carers and out-of-home care workers\n\n**If you employ or engage people who work with children**, you are legally required to make sure they hold a valid clearance before they start.\n\n**Parents and guardians** benefit indirectly — this law is designed to keep unsafe people away from children.\n\n### How does it work?\n1. A person applies for a Working with Children Check\n2. The government checks their criminal record and other risk-related information\n3. They either receive a **clearance** (they can work with children) or an **exclusion** (they cannot)\n4. Clearances must be renewed periodically\n5. If someone's circumstances change (e.g. they're charged with a serious offence), their clearance can be suspended or revoked\n\n### What happens if you break the rules?\n- Working with children **without** a valid clearance is a **criminal offence**\n- Employers who **hire someone without** checking their clearance also face penalties\n- People who receive an exclusion and still work with children face serious criminal consequences\n\n### Why does it matter?\nThis law is a key safeguarding tool across NSW. It has been amended **many times since 2012** — showing it's actively maintained and expanded as the government identifies gaps in child protection. Some amendments (like those relating to animal sexual abuse offences) are still pending commencement, showing the law continues to evolve."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has been expanded and adjusted by multiple amendments reflected in the current text. These changes broadened and clarified who is captured (for example, adult residents on carer properties (s 10), prospective adoptive parents and guardians and their co‑residents (ss 11–11A), and candidates for State elections (s 11C)), added cross‑jurisdiction mechanisms (mutual recognition and NRS database notifications (s 25A, s 36D)), extended information‑sharing arrangements with the NDIS Screening Agency and interstate screening agencies (ss 36AA, 36A, s 34), and introduced internal review and disqualification reassessment procedures (Part 4, ss 26–30E, ss 30B–30E). The text also adds operational controls (register requirements s 25), new notification and reporting duties (s 35), and procedural embargoes on re‑application (s 13A). These inserted or amended provisions change the Act’s operational scope and the administrative infrastructure required to implement it (see transitional and savings provisions in Schedule 3)."},"complexity_factors":["Extensive cross‑references to schedules, regulations and other Acts (Schedules 1–2; many cross-references in ss 5, 6, 18, 27, 36; regulatory delegation s 52).","Multiple layers of discretionary decision-making vested in the Children’s Guardian (risk assessment s 15, interim bars s 17, cancellations s 23, continuing residence approvals s 11D).","Detailed compliance and recordkeeping obligations for employers and licensing authorities, with differing timeframes and retention periods (ss 9A, 9AA).","Complex information‑sharing network across police, DPP, interstate screening agencies and NDIS Screening Agency with statutory data reporting and NRS database interactions (ss 31–36, 36AA, 36A, 36D).","Multiple enforcement tools and sanctions (criminal penalties, penalty notices, enforcement notices, audit powers) with variable maximum penalties (ss 8–9A, 36, 40, 50A).","Varied classes of persons captured (workers, volunteers, residents on carer properties, prospective adoptive parents/guardians, candidates) requiring nuanced coverage (ss 6, 10, 11–11B, 11C).","Temporal constraints and embargoes affecting re‑application (s 13A) and limited review rights for certain serious convictions (s 27).","Recent amendment history reflected in inserted Parts and transitional provisions (Part 4 additions, s 25A, s 36AA) creating layered transitional complexity (Schedule 3)."],"plain_english_summary":"## What this law does, in plain terms\n\n- It makes it unlawful for a person to do \"child-related work\" unless they hold a working with children check clearance or have a current application for one (s 6, s 8). There are two clearance classes: volunteer and non-volunteer (paid and unpaid) (s 12).\n\n- It requires employers and certain licensing authorities to verify and keep records of workers' clearance details (name, date of birth, clearance or application number, expiry date) and to update and retain those records for specified periods (employers: s 9A; licensing authorities: s 9AA). Employers and placement agencies can be taken to employ workers for certain purposes and are subject to duties and penalties (s 9, s 9A).\n\n- It sets out how people apply for clearances (application form, consent to criminal record checks, possible fee set by regulation) and the Children’s Guardian’s administrative steps (application number, requests for information) (s 13, s 16).\n\n- The Children’s Guardian performs risk assessments of applicants and holders when specified triggers occur (Schedule 1) and may consider criminal history, seriousness, timing, age at offence, court orders and other matters in that assessment (s 14, s 15).\n\n- The Children’s Guardian can impose interim bars (temporary bans) while an application or assessment is underway, and must notify notifiable persons of interim bars, refusals, cancellations or other key decisions (s 17, s 20, s 23, s 24).\n\n- The Act lists disqualifying offences (Schedule 2) and triggers for assessment (Schedule 1). If a person is a disqualified person the Children’s Guardian must not grant a clearance unless a reassessment under Part 4 removes the disqualification (s 18, Schedules 1–2).\n\n- There is a central working with children register containing application and clearance particulars; authorised users (employers, licensing authorities, responsible agencies) may access it for verification (s 25).\n\n- The Act enables information collection and sharing: the Children’s Guardian can require production of information and documents, receive disclosures from police, prosecuting authorities, animal-welfare bodies and other agencies, and exchange information with interstate screening bodies and the NDIS Screening Agency (s 31–36, s 36AA, s 36A, s 36D).\n\n- There are enforcement and compliance tools: criminal penalties and penalty notices, power to issue enforcement notices to reporting bodies, audit powers, and protections for persons acting in good faith (s 31, s 36, s 40, s 50A, s 43, s 45).\n\n- A system of internal review and (for disqualified persons) disqualification reassessment is provided for reviewable decisions (refusals, cancellations, longer interim bars); the Act sets application windows, what materials must be considered, and procedural requirements (Part 4: ss 26–30E, ss 30B–30E).\n\n\n## Who it affects and who pays\n\n- Affected persons: anyone doing work falling within the statutory definition of child-related work (s 6–7), adults residing on properties where authorised carers or family day care services operate (s 10), prospective adoptive parents and guardians and their adult co-residents (ss 11–11A), candidates for State elections who may apply for a non-volunteer clearance (s 11C), employers, placement agencies and licensing authorities who must verify and record clearances (ss 9, 9A, 9AA), reporting bodies and agencies that must notify certain findings (s 35).\n\n- Direct financial costs: applicants may pay an application fee if prescribed by regulation (s 13(4)). Employers and licensing authorities bear compliance costs (verification systems, record retention for 7 years) and may face fines for non-compliance (s 9A(5), s 9A(6), s 9AA(5)–(6)).\n\n- Administrative burden: the Children’s Guardian and authorised officers carry out assessments, maintain the register, notify notifiable persons, issue enforcement notices and handle reviews (ss 15, 25, 31, 36, Part 4).\n\n\n## Formal stated purpose and how the law implements it\n\n- The Act’s stated object is to protect children by not permitting certain persons to engage in child-related work and by requiring people engaged in child-related work to have clearances (s 3). The law implements that by (a) defining child-related work and roles (s 6–7), (b) making possession of a clearance or a current application a legal prerequisite (s 8), (c) listing disqualifying offences and assessment triggers (Schedules 1–2), and (d) creating administrative and enforcement machinery (register, assessments, interim bars, cancellations, information powers) to operationalise and monitor those rules (ss 15–25, 31–36, 17, 23).\n\n\n## Trade-offs, incentives and implementation issues evident in the text\n\n- Incentives and private behaviour: employers may delay or condition hiring on verified clearances (s 8(1A)), and licensing authorities cannot grant certain licences without verifying clearances (s 9AA). That gives employers and licensing bodies practical control over access to child-related roles.\n\n- Concentrated compliance costs: organisations that regularly employ or license people for child-related work (schools, childcare, sports clubs, placement agencies) will bear recordkeeping and verification costs (s 9A, s 9AA) and face penalty exposure for failures (s 9A(6), s 9AA(6)). Those costs are concentrated on employers and licensing authorities; the benefit (reduced risk to children) accrues more broadly.\n\n- Administrative discretion and decision-making power: the Children’s Guardian holds broad discretionary powers—conducting risk assessments (s 15), imposing interim bars (s 17), cancelling or refusing clearances (ss 18, 23), granting continuing residence approvals (s 11D), and receiving and sharing criminal-history information (ss 31–36). The Minister may give written directions for monitoring/auditing and some functions (ss 39, 40A). Those provisions centralise important evaluative judgments in the Children’s Guardian and, to the extent provided, the Minister.\n\n- Information dependency and operational risk: the scheme depends on a maintained register and interstate/National Reference System exchanges for negative notices (ss 25, 36A, 36D, 25A). The Children’s Guardian is required to keep the register accurate and up to date (s 25(4)), but correctness and timeliness are operational requirements that affect employers’ ability to verify quickly and reliably.\n\n- Enforcement and compliance mechanisms: the Act supplies criminal penalties, administrative enforcement notices, audit powers and penalty notices (ss 8–9A, 36, 40, 50A). Employers and reporting bodies face specific duties to notify and to verify; failure carries fixed penalties (s 36(6), s 9A(6)).\n\n- Limits on review and cooling-off: a person refused or whose clearance is cancelled faces an embargo on re-applying for up to five years (s 13A); for certain serious offences some persons are excluded from seeking internal review or reassessment (s 27). The Act also creates internal review and reassessment routes with exacting time and evidence rules (Part 4: ss 28–30E, 30B–30E).\n\n\n## Noticeable regulatory design features\n\n- Layered approach: (1) statutory definitions of covered work (s 6–7), (2) mandatory clearance requirement and verification duties (ss 8–9A), (3) risk-based assessment and discretionary intervention (ss 14–17), (4) central register and data-sharing (ss 25, 36A, 36D), (5) enforcement and review mechanisms (ss 36, 50A, Part 4).\n\n- Cross-jurisdiction integration: mutual recognition of negative notices and information-sharing with interstate agencies and national systems (s 25A, ss 34, 36A, 36D) aims to prevent jurisdiction-shopping but depends on data flows.\n\n\n## What to watch for in practice (implementation risks evident from the text)\n\n- Timeliness and accuracy of the register (s 25) and of interstate notifications (s 36D).\n- The administrative workload on the Children’s Guardian in managing assessments, interim bars, notifications and recordkeeping (ss 15, 17, 25, 31).\n- The compliance burden and potential small-business impacts from verification and record-retention duties (s 9A).\n- The scope for ministerial or agency direction affecting monitoring/audit priorities (s 39, s 40A).\n\n\n## Key statutory references (examples)\n\n- Primary object: s 3.\n- Offence to engage without clearance: s 8.\n- Employer verification and record-keeping: s 9A; licensing authorities: s 9AA.\n- Risk assessment and criteria: ss 14–15.\n- Interim bars: s 17; cancellations: s 23.\n- Register and access: s 25.\n- Information powers and sharing: ss 31–36, s 36AA, s 36A, s 36D.\n- Disqualifying offences and triggers: Schedules 1 and 2.\n- Internal review and disqualification reassessment: Part 4 (ss 26–30E, ss 30B–30E).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-working-with-children-act-2012","history":"/api/acts/child-protection-working-with-children-act-2012/history","analysis":"/api/acts/child-protection-working-with-children-act-2012/analysis","conflicts":"/api/acts/child-protection-working-with-children-act-2012/conflicts","importantCases":"/api/acts/child-protection-working-with-children-act-2012/important-cases","documents":"/api/acts/child-protection-working-with-children-act-2012/documents"}}