{"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24\n\n\\[1\\]–\\[24\\] (Repealed)","sortOrder":3},{"sectionNumber":"25","sectionType":"section","heading":"Section 36B","content":"#### 25 Section 36B\n\n\\[25\\] Section 36B\n\n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":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The amendment broadens the original 2012 Act’s focus on initial screening and granting of clearances by adding an ongoing, post-approval information-maintenance obligation. This shifts the regime from a one-time vetting process to one that includes continuous compliance duties backed by a strict liability-style offence."},"complexity_factors":["Single new operative provision (s 36B) inserted into an existing Act","Simple list of five categories of personal details with a regulation-making power for further items","Basic offence provision containing a reasonable-excuse defence and a fixed low maximum penalty","Provided text contains numerous repealed placeholders ([1]–[24], [26], Schedule 2) that add structural noise but no additional substantive rules"],"plain_english_summary":"**This legislation inserts a new rule into New South Wales child protection law.**\n\nIt requires any person who already holds a working with children check clearance, or who has applied for one, to tell the Children’s Guardian (the independent agency that manages these checks) about changes to key personal details. These details include the person’s name, home address, contact information, current or proposed employer, and any extra matters that regulations may later add. The update must happen within three months of the change, using an official form approved by the Children’s Guardian.\n\nIf someone fails to do this without a reasonable excuse, they commit an offence carrying a maximum fine of 5 penalty units. The change aims to keep the clearance system’s records accurate so that authorities have current information when assessing who can safely work with children. It affects everyday compliance for workers, volunteers and applicants rather than changing who needs a clearance in the first place."},"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":"This amendment inserts a new duty requiring anyone with a working-with-children check clearance—or a current application—to notify the Children’s Guardian, using an approved form, of changes to specified personal details (name, address, contact, employer, etc.) within three months.  \n\nNon‑compliance (without reasonable excuse) is an offence punishable by up to 5 penalty units; the change centralises upkeep of contact and employment information with the Guardian."}},"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"}}