{"id":"nsw:act-2018-014","name":"Child Protection (Working with Children) Amendment (Statutory Review) Act 2018","slug":"child-protection-working-with-children-amendment-statutory-review-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"14 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29199,"registerId":"nsw-act-2018-014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"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) Amendment (Statutory Review) Act 2018](/view/html/inforce/current/act-2018-014).","sortOrder":0},{"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":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Child Protection (Working with Children) Act 2012 No 51","content":"# Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51\n\nSchedule 1 Amendment of [Child Protection (Working with Children) Act 2012 No 51](/view/html/inforce/current/act-2012-051)\n\n**sch 1:** Am 1987 No 15, sec 30C.","sortOrder":2},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n\\[1\\]–\\[24\\] (Repealed)","sortOrder":3},{"sectionNumber":"25","sectionType":"section","heading":"Section 36B","content":"#### 25 Section 36B\n\n\\[25\\] Section 36B\n\n> Insert after section 36A:","sortOrder":4},{"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> > > (d) the person’s employer or proposed employer,\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.","sortOrder":5},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n\\[26\\] (Repealed)","sortOrder":6},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of amending the Working with Children Act. The only change is the addition of an administrative duty to update personal details, which is consistent with the Act's existing framework of regulating who can work with children."},"complexity_factors":["Single substantive amendment consisting of one new section (36B) with only 4 subsections","No defined terms requiring interpretation beyond ordinary meaning","No cross-references to other legislation except the parent Act being amended","Simple conditional structure: duty to notify + offence for non-compliance","Minimal penalty provision (flat 5 penalty units, no tiers or exceptions)","Bulk of the document consists of repealed provisions and structural amendments (sections [1]-[24] and Schedule 2 repealed), leaving only one operative change"],"plain_english_summary":"**What this legislation does:**\n\nThis Act makes a small but important change to the child protection laws in New South Wales. It adds a new legal requirement for anyone who has a \"working with children check\" (a background check for people who work with kids) or who is currently applying for one.\n\n**The new rule:**\nIf your personal details change — such as your name, address, phone number, or employer — you must tell the Children's Guardian (the government body that manages these checks) within **3 months**. You must use an official form they approve.\n\n**Who it affects:**\n- Anyone holding a working with children check clearance\n- Anyone who has a current application for such a clearance pending\n\n**Why it matters:**\nKeeping contact details current helps authorities reach people if concerns arise about their suitability to work with children. It also ensures the register of cleared workers stays accurate. Failing to update your details without a reasonable excuse is an offence, carrying a maximum fine of 5 penalty units (roughly $550 at current rates).\n\n**In short:** It's a housekeeping amendment to make sure the child protection system has up-to-date information on everyone cleared to work with children."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain within its intended scope as a targeted amendments Act arising from a mandatory statutory review of the Working with Children Check framework. There is no indication of scope creep or material departure from its stated purpose of implementing review recommendations."},"complexity_factors":["Amending Act structure — requires cross-referencing with the original 2012 Act to understand the full effect of changes","Statutory review context — changes are driven by a review process that itself involves policy and legal analysis","Staged commencement — some provisions commenced on different dates (April vs June 2018), creating a layered timeline","Automatic repeal mechanism under the Interpretation Act 1987 adds a procedural layer","Limited legislative text provided — the actual substantive amendments are not reproduced, reducing ability to assess true complexity of individual provisions","Child protection law intersects with employment law, administrative law (review rights), and criminal law (screening for offences)"],"plain_english_summary":"## Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW)\n\nThis is a NSW law that **amends the Working with Children framework** — the system that requires people who work or volunteer with children to be checked and cleared before they can do so.\n\n### What does it do?\nThis Act was passed following a **statutory review** (a legally required check-up) of the original *Child Protection (Working with Children) Act 2012*. Such reviews are mandatory checkpoints built into laws to assess whether they are working as intended. Based on that review's findings, this amending Act makes changes to improve or update how the working-with-children check system operates in NSW.\n\n### Who does it affect?\n- **People who work with children** (teachers, coaches, tutors, carers, etc.) and volunteers in child-related roles — anyone who needs a Working with Children Check (WWCC)\n- **Employers and organisations** that engage workers or volunteers in child-related activities\n- **Government agencies** that administer and enforce the WWCC system\n\n### Why does it matter?\nThe Working with Children Check is one of NSW's key safeguards to protect children from harm. Any changes to this system directly affect **how thoroughly potential risks are screened**, **who must be checked**, **what triggers a refusal or cancellation** of a clearance, and **how decisions can be reviewed**.\n\n### Important note\nThis Act is an *amending Act* — it does not stand alone but changes the existing 2012 law. It was also subject to automatic repeal once its amendments took effect, which is standard practice in NSW.\n\n⚠️ **The full text of the specific changes is not visible in the provided document**, so the precise amendments cannot be detailed here."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The amendment expands the obligations under the Child Protection (Working with Children) Act 2012 by inserting a new, ongoing duty to notify the Children’s Guardian of changes to specified personal details within 3 months (Schedule 1, new s36B). It also creates a new offence with a specified maximum penalty for failure to notify (s36B(4)), and delegates administrative content (notification form) to the Children’s Guardian and content scope to future regulations (s36B(2)–(3)(e)). Commencement is by proclamation (s2)."},"complexity_factors":["Single new statutory duty with a clear deadline (notify within 3 months) (s36B(1))","Applies to two groups: clearance holders and current applicants (s36B(1))","Administrative detail delegated to the Children’s Guardian (approved form) (s36B(2))","Regulatory discretion to prescribe additional personal details (s36B(3)(e))","Criminal sanction for non-compliance with a specific maximum penalty (5 penalty units) (s36B(4))","Commencement by proclamation creates uncertainty about start date (s2)"],"plain_english_summary":"# What this amendment does\n\nThis amendment inserts a new duty into the Child Protection (Working with Children) Act 2012 (see Schedule 1, new section 36B). Mechanically, it requires people who either hold a working with children check clearance or who have a current application for that clearance to notify the Children’s Guardian of any change to their personal details within 3 months of the change (s36B(1)). The notice must be given in a form approved by the Children’s Guardian (s36B(2)).\n\n# Who it affects\n\n- Individuals who currently hold a working with children check clearance.\n- Individuals who currently have an application for a working with children check clearance.\n\n(See s36B(1).)\n\n# What counts as \"personal details\"\n\nThe statute lists the personal details that must be kept up to date: the person’s name, address, contact details, employer or proposed employer, and any other information of a kind prescribed by regulations (s36B(3)(a)–(e)).\n\n# Enforcement and penalty\n\nFailing to notify the Children’s Guardian of a change within the required time, without a reasonable excuse, is an offence carrying a maximum penalty of 5 penalty units (s36B(4)).\n\n# Who decides administrative detail\n\n- The Children’s Guardian decides the required notification form (s36B(2)).\n- Regulations may add other kinds of personal information that must be notified (s36B(3)(e)).\n\n# Timing\n\nThe Act’s commencement is by proclamation, so the obligation starts on the day(s) appointed by proclamation (s2).\n\n# Practical mechanics, costs and incentives (source-grounded)\n\n- Compliance action required: A clearance-holder or applicant must take the step of informing the Children’s Guardian of specified changes within 3 months (s36B(1)). That produces a direct administrative time cost for affected individuals.\n- Who pays if there is non-compliance: The individual who fails to notify (subject to a reasonable excuse) faces the statutory penalty (s36B(4)).\n- Administrative discretion and variability: The Children’s Guardian decides the form to be used for notices (s36B(2)), and regulations can broaden the kinds of information that must be notified (s36B(3)(e)). That gives the administering agency discretion over how the duty is operationalised and what additional details may be required in future.\n- Behavioural effect: The rule creates an ongoing obligation to update official records; affected persons are incentivised to maintain current contact, address and employment information with the Guardian to avoid the offence (s36B(1), (3)).\n- Trade-offs and implementation points: The measure centralises updated personal information with the Guardian (mechanism: approved form and regulatory prescription). That centralisation reduces uncertainty about where updates must be sent (all go to the Children’s Guardian), but it also places the onus and any compliance costs on individuals. The requirement to include employer or proposed employer (s36B(3)(d)) links individual clearance records to workplace information.\n\n# Short summary of legislative context\n\nThis change is made by Schedule 1 to the amending Act, which inserts section 36B into the 2012 Act (Schedule 1, s36B). The amending Act itself commences by proclamation (s2)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-working-with-children-amendment-statutory-review-act-2018","history":"/api/acts/child-protection-working-with-children-amendment-statutory-review-act-2018/history","analysis":"/api/acts/child-protection-working-with-children-amendment-statutory-review-act-2018/analysis","conflicts":"/api/acts/child-protection-working-with-children-amendment-statutory-review-act-2018/conflicts","importantCases":"/api/acts/child-protection-working-with-children-amendment-statutory-review-act-2018/important-cases","documents":"/api/acts/child-protection-working-with-children-amendment-statutory-review-act-2018/documents"}}