{"id":"nsw:sl-2013-0156","name":"Child Protection (Working with Children) Regulation 2013","slug":"child-protection-working-with-children-regulation-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"156 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178080,"registerId":"nsw-nsw:sl-2013-0156-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Child Protection (Working with Children) Regulation 2013](/view/html/inforce/current/sl-2013-0156).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 15 June 2013 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > close relative of a person means—\n> > \n> > > (a) a spouse or de facto partner of the person, or\n> > \n> > > (b) a child, step-child, sibling, step-sibling, parent, step-parent, grandparent, step-grandparent, aunt, uncle, niece or nephew of the person,\n> > \n> > and includes, in the case of an Aboriginal person or a Torres Strait Islander, persons who are part of the extended family or kin of the person according to the indigenous kinship system of the person’s culture.\n> > \n> > entity has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > home-stay means residence with another family for a period for the purposes of a cultural or educational program.\n> > \n> > parent of a child means the person having, in relation to the child, all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.\n> > \n> > school cleaner—see clause 16A.\n> > \n> > Service NSW service centre includes a place designated by the Chief Executive Officer of Service NSW to—\n> > \n> > > (a) receive payment of the application fee for a clearance, or\n> > \n> > > (b) confirm proof of identity in relation to an application for a clearance.\n> > \n> > specialised substitute residential care has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> > \n> > the Act means the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n> > \n> > working with children register means the register established under section 25 of the Act.\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, a service is provided on a commercial basis if the service is provided on a fee for service basis, whether or not the fee concerned is imposed or funding for the service is obtained by a grant or other means.\n> \n> > (3) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2013 (676), Sch 2 \\[1\\]; 2014 (681), Sch 1 \\[1\\]; 2019 No 25, Sch 5.7\\[1\\]; 2022 (121), Sch 1\\[1\\]; 2022 (377), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Notifiable persons","content":"#### 3A Notifiable persons\n\n3A Notifiable persons\n\n> For the Act, section 5(1), definition of notifiable person, paragraph (f), the NSW Education Standards Authority is prescribed as a notifiable person if the applicant or holder—\n> \n> > (a) is accredited within the meaning of the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065), or\n> \n> > (b) has applied for accreditation within the meaning of that Act.\n> \n> **cl 3A:** Ins 2022 (725), Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Child-related work","content":"# Part 2 Child-related work\n\nPart 2 Child-related work","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Child development and family welfare services","content":"#### 4 Child development and family welfare services\n\n4 Child development and family welfare services\n\n> > (1) Work in mentoring and counselling services for children is child-related work, if the mentoring and counselling services are provided to children as part of a formal mentoring program provided by a government or non-government agency.\n> \n> > (2) Work in providing family welfare services is child-related work, if clients to whom the services are provided ordinarily include children.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Child protection","content":"#### 5 Child protection\n\n5 Child protection\n\n> Work in child protection services provided by a government or non-government agency is child-related work.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Children’s health services","content":"#### 6 Children’s health services\n\n6 Children’s health services\n\n> > (1) Work as a health practitioner providing health services in wards of hospitals where children are treated is child-related work.\n> \n> > (2) Other work as a health practitioner providing child health services is child-related work.\n> \n> > (3) Work by persons (other than health practitioners) who provide health and care services in paediatric or adolescent health services is child-related work.\n> \n> > (3A) For the purposes of section 6(3A) of the Act, any direct contact that a worker has with a child or children when engaged in work referred to in subclause (1), (2) or (3) is taken to be a usual part of and more than incidental to the work.\n> > \n> > Note.\n> > \n> > A worker who is found to be engaged in child-related work may still be exempt from the requirement to obtain a working with children check clearance if the worker is exempted by a provision of Part 4 of this Regulation.\n> \n> > (4) Work as a student in the course of a student clinical placement in a hospital or other health service is not child-related work.\n> \n> > (5) In this clause—\n> > \n> > health practitioner means—\n> > \n> > > (a) a registered health practitioner within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), and\n> > \n> > > (b) any other individual who provides a health service.\n> > \n> > health service includes the following—\n> > \n> > > (a) medical, hospital and nursing and midwifery services,\n> > \n> > > (b) dental services,\n> > \n> > > (c) mental health services,\n> > \n> > > (d) pharmaceutical services,\n> > \n> > > (e) ambulance services,\n> > \n> > > (f) community health services,\n> > \n> > > (g) health education services,\n> > \n> > > (h) welfare services necessary to implement any services referred to in paragraphs (a)–(g),\n> > \n> > > (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices,\n> > \n> > > (j) Chinese medicine, chiropractic, occupational therapy, optometry, physiotherapy, podiatry and psychology services,\n> > \n> > > (k) optical dispensing, dietician, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services,\n> > \n> > > (l) services provided in other alternative health care fields.\n> > \n> > hospital means—\n> > \n> > > (a) a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), or\n> > \n> > > (b) a declared mental health facility or private mental health facility within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), or\n> > \n> > > (c) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> **cl 6:** Am 2013 (269), Sch 1 \\[1\\]; 2017 No 50, Sch 5.3; 2018 No 14, Sch 2.1 \\[1\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Clubs or other bodies providing services for children","content":"#### 7 Clubs or other bodies providing services for children\n\n7 Clubs or other bodies providing services for children\n\n> > (1) Work for a club, association, movement, society or other body of a cultural, recreational, sporting or community service nature that involves providing programs or services primarily for children is child-related work.\n> \n> > (2) Without limiting subclause (1), work as a coach or as a team manager, or an assistant coach or assistant team manager, for a sport or activity for children is child-related work.\n> \n> > (3) However, the work is not child-related work if the work is work as a referee, umpire, linesperson or otherwise as a sporting official or a groundsperson, and the work does not ordinarily involve contact with children for extended periods without other adults being present.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Disability services","content":"#### 8 Disability services\n\n8 Disability services\n\n> > (1) Work in providing respite care or other support services primarily for children with a disability is child-related work.\n> \n> > (2) However, the work is not child-related work if the work does not ordinarily involve contact with children for extended periods without other adults being present.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Early education and child care","content":"#### 9 Early education and child care\n\n9 Early education and child care\n\n> > (1) Work in education and care services, child care centres, nanny services and other child minding services provided on a commercial basis is child-related work.\n> \n> > (2) Work in providing baby sitting services is child-related work, unless the services are provided under a private arrangement (whether or not a fee is payable).\n> \n> > (3) Work as an au pair is child-related work, if the work involves the provision of child care.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Education","content":"#### 10 Education\n\n10 Education\n\n> > (1) Work in schools or other educational institutions (other than universities) is child-related work.\n> \n> > (2) Work providing private coaching or tuition to children is child-related work.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Entertainment for children","content":"#### 11 Entertainment for children\n\n11 Entertainment for children\n\n> > (1) Work at sporting, cultural or other entertainment venues where services, activities or entertainment is provided on a commercial basis primarily for children is child-related work.\n> \n> > (2) Work that involves providing entertainment services primarily for children on a commercial basis is child-related work.\n> \n> > (3) However, providing food or equipment at or for a sporting, cultural or other entertainment venue or providing a venue is not child-related work.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Justice centres","content":"#### 12 Justice centres\n\n12 Justice centres\n\n> > (1) Work at detention centres and juvenile correctional centres is child-related work.\n> \n> > (2) Work as a supervisor or case manager of children on community justice placements, for a government or non-government body, is child-related work.\n> \n> > (3) Work for a residential parent and child program provided by a government or non-government agency involving inmates or detainees, and their children, at a correctional centre, juvenile correctional centre or detention centre or other place is child-related work.\n> \n> > (4) Expressions used in this clause have the same meaning as they have in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057) and the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Religious services","content":"#### 13 Religious services\n\n13 Religious services\n\n> Work for a religious organisation where children form part of the congregation or organisation is child-related work, if the work is carried out—\n> \n> > (a) as a minister, priest, rabbi, mufti or other like religious leader or spiritual officer of the organisation, or\n> \n> > (b) in any other role in the organisation involving activities primarily related to children, including youth groups, youth camps, teaching children and child care.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Residential services","content":"#### 14 Residential services\n\n14 Residential services\n\n> > (1) Work at the following services is child-related work—\n> > \n> > > (a) refuges used regularly by children,\n> > \n> > > (b) boarding houses or places providing other residential services for children,\n> > \n> > > (c) overnight camps for children.\n> \n> > (2) Work in providing home-stays of 3 weeks or more for children is child-related work.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Transport services for children","content":"#### 15 Transport services for children\n\n15 Transport services for children\n\n> Work in providing transport services especially for children on a government funded or commercial basis, including school bus services and taxi services for children with a disability and supervision of school road crossings, is child-related work.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Youth workers","content":"#### 16 Youth workers\n\n16 Youth workers\n\n> Work as a youth worker, for a government or non-government agency, is child-related work.","sortOrder":18},{"sectionNumber":"16AA","sectionType":"section","heading":"Inspectors under Public Health (Tobacco) Act 2008","content":"#### 16AA Inspectors under Public Health (Tobacco) Act 2008\n\n16AA Inspectors under [Public Health (Tobacco) Act 2008](/view/html/inforce/current/act-2008-094)\n\n> For the Act, section 6(2)(m), work as an inspector, within the meaning of the [Public Health (Tobacco) Act 2008](/view/html/inforce/current/act-2008-094), carrying out functions under that Act is child-related work.\n> \n> **cl 16AA:** Ins 2022 (725), Sch 1\\[2\\].","sortOrder":19},{"sectionNumber":"16A","sectionType":"section","heading":"School cleaners","content":"#### 16A School cleaners\n\n16A School cleaners\n\n> For the purposes of section 6(3) of the Act, the role of a cleaner providing cleaning services at a school (a school cleaner) is prescribed as a child-related role.\n> \n> **cl 16A:** Ins 2013 (676), Sch 2 \\[2\\].","sortOrder":20},{"sectionNumber":"16B","sectionType":"section","heading":"Membership of governing body of certain agencies","content":"#### 16B Membership of governing body of certain agencies\n\n16B Membership of governing body of certain agencies\n\n> For the purposes of section 6(3) of the Act, the role of each member of the governing body of any of the following is prescribed as a child-related role—\n> \n> > (a) a designated agency,\n> \n> > (b) an entity providing specialised substitute residential care,\n> \n> > (c) an accredited adoption service provider (within the meaning of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075)).\n> \n> **cl 16B:** Ins 2014 (681), Sch 1 \\[2\\]. Am 2022 (377), Sch 1\\[2\\].","sortOrder":21},{"sectionNumber":"16C","sectionType":"section","heading":"Principal officer of entity providing specialised substitute residential care","content":"#### 16C Principal officer of entity providing specialised substitute residential care\n\n16C Principal officer of entity providing specialised substitute residential care\n\n> > (1) For the purposes of section 6(3) of the Act, the role of the principal officer of an entity providing specialised substitute residential care is prescribed as a child-related role.\n> \n> > (2) In this clause—\n> > \n> > principal officer of an entity providing specialised substitute residential care has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), section 8ZC.\n> \n> **cl 16C:** Ins 2014 (681), Sch 1 \\[2\\]. Am 2022 (377), Sch 1\\[3\\]–\\[5\\].","sortOrder":22},{"sectionNumber":"16CA","sectionType":"section","heading":"Head of child safe organisation","content":"#### 16CA Head of child safe organisation\n\n16CA Head of child safe organisation\n\n> > (1) For the Act, section 6(3)(g), the role of the head of a child safe organisation is prescribed.\n> \n> > (2) In this clause—\n> > \n> > head of a child safe organisation has the same meaning as in the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> **cl 16CA:** Ins 2022 (377), Sch 1\\[6\\].","sortOrder":23},{"sectionNumber":"16D","sectionType":"section","heading":"Counselling, mentoring or distance education not involving direct contact","content":"#### 16D Counselling, mentoring or distance education not involving direct contact\n\n16D Counselling, mentoring or distance education not involving direct contact\n\n> For the purposes of section 6(3) of the Act, the role of a worker providing ongoing counselling, mentoring or distance education for children using any form of communication that does not primarily involve direct contact is prescribed as a child-related role.\n> \n> **cl 16D:** Ins 2017 (301), cl 3 (1).","sortOrder":24},{"sectionNumber":"16E","sectionType":"section","heading":"Declaration of relevant licence","content":"#### 16E Declaration of relevant licence\n\n16E Declaration of relevant licence\n\n> For the purposes of the definition of relevant licence in section 9AA(8) of the Act, an accreditation by the NSW Education Standards Authority is declared to be a relevant licence.\n> \n> **cl 16E:** Ins 2019 (570), Sch 1\\[1\\].","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Clearances","content":"# Part 3 Clearances\n\nPart 3 Clearances","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Application fees","content":"#### 17 Application fees\n\n17 Application fees\n\n> > (1) The application fee for a clearance is as follows—\n> > \n> > > (a) for a volunteer clearance—nil,\n> > \n> > > (b) otherwise—the fee calculated in accordance with Schedule 1A.\n> \n> > (2) The application fee is to be paid at a Service NSW service centre.\n> \n> > (2A) Despite subclause (2), an applicant invited to provide proof of identity through an online system under clause 18(2) may pay the application fee by an online method of payment.\n> \n> > (3) The following persons are exempt from the requirement to pay an application fee for a clearance—\n> > \n> > > (a) authorised carers referred to in [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), section 137(1)(b) or (c), other than authorised residential care workers within the meaning of that Act,\n> > \n> > > (a1) an adult person referred to in the Act, section 10(1),\n> > \n> > > (b) a person undertaking practical training as part of an educational or vocational course,\n> > \n> > > (c) potential adoptive parents.\n> \n> **cl 17:** Am 2022 (121), Sch 1\\[2\\] \\[3\\]; 2022 (377), Sch 1\\[7\\]; 2024 (303), Sch 1\\[1\\].","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Proof of identity","content":"#### 18 Proof of identity\n\n18 Proof of identity\n\n> > (1) An applicant for a clearance is to provide proof of the applicant’s identity at a Service NSW service centre in accordance with the requirements set out in the application form approved by the Children’s Guardian.\n> \n> > (2) An applicant for a clearance who is the holder of a clearance may, at the written invitation of the Children’s Guardian, provide proof of the applicant’s identity through an online system.\n> \n> > (3) The following applicants may provide proof of identity in the manner approved by the Children’s Guardian—\n> > \n> > > (a) an authorised carer, or a person who resides at the home of an authorised carer or at a home where a family day care service is provided, who is not physically capable of attending a Service NSW service centre,\n> > \n> > > (b) an authorised carer who resides in another State or a Territory, and any person who resides at the home of that authorised carer.\n> > \n> > > (b1), (c) (Repealed)\n> \n> > (4) (Repealed)\n> \n> **cl 18:** Am 2013 (156), cl 18(4); 2013 (676), Sch 2 \\[3\\]; 2018 No 46, Sch 2.2\\[1\\]; 2019 (570), Sch 1\\[2\\]–\\[4\\]; 2020 (168), cl 3(1) (2); 2020 (562), Sch 1.1\\[1\\]; 2021 (179), cl 3; 2021 (416), cl 3; 2021 (537), Sch 1.1\\[1\\]; 2022 (121), Sch 1\\[2\\] \\[4\\]–\\[6\\]; 2022 (377), Sch 1\\[8\\] \\[9\\].","sortOrder":28},{"sectionNumber":"18A","sectionType":"section","heading":"Alternative payment and identity documents","content":"#### 18A Alternative payment and identity documents\n\n18A Alternative payment and identity documents\n\n> > (1) This clause applies if an applicant for a clearance is unable to comply with the identification requirements in the application form.\n> \n> > (2) Despite clauses 17 and 18—\n> > \n> > > (a) the application fee is to be paid to the Office of the Children’s Guardian, and\n> > \n> > > (b) the applicant for the clearance is to provide proof of the applicant’s identity to the Office of the Children’s Guardian in the manner approved by the Children’s Guardian.\n> \n> **cl 18A:** Ins 2019 (570), Sch 1\\[5\\].","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Information to be provided to applicant for or holder of clearance","content":"#### 19 Information to be provided to applicant for or holder of clearance\n\n19 Information to be provided to applicant for or holder of clearance\n\n> The Children’s Guardian must provide, by notice in writing—\n> \n> > (a) an application number to each applicant who applies for a clearance, and\n> \n> > (b) a clearance number to each applicant who is granted a clearance.\n> \n> **cl 19:** Am 2013 (269), Sch 1 \\[2\\].","sortOrder":30},{"sectionNumber":"19A","sectionType":"section","heading":null,"content":"#### 19A\n\n19A (Repealed)","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exemption of workers and employers from Act","content":"# Part 4 Exemption of workers and employers from Act\n\nPart 4 Exemption of workers and employers from Act","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Exemption from Act for specified workers and employers","content":"#### 20 Exemption from Act for specified workers and employers\n\n20 Exemption from Act for specified workers and employers\n\n> > (1) The following workers engaged in child-related work (and employers of those workers in that capacity) are exempt from the Act (other than section 7 of the Act)—\n> > \n> > > (a) a worker (other than a school cleaner) who provides administrative, clerical or maintenance services, or other ancillary services, if the work does not ordinarily involve contact with children for extended periods,\n> > \n> > > (b) a worker who works for a period of not more than a total of 5 working days in a calendar year, if the work involves minimal direct contact with children or is supervised when children are present,\n> > \n> > > (c) a worker who carries out the work in the course of an informal domestic arrangement that is not carried out on a professional or commercial basis,\n> > \n> > > (d) a worker whose work involves direct contact only with children who are close relatives of the worker, other than a worker who carries out the work in the capacity of an authorised carer,\n> > \n> > > (e) a parent, or close relative, of a child who attends a school, an education and care service or other educational institution when volunteering at or for activities of the school, service or institution,\n> > \n> > > (f) a parent, or close relative, of a child when volunteering in connection with a team, program or other activity of which the child is a member or in which the child usually participates,\n> > \n> > > (g) a worker who is under the age of 18 years,\n> > \n> > > (h) a police officer or a member of the Australian Federal Police when working in his or her capacity as a police officer,\n> > \n> > > (i) a worker who is a health practitioner in private practice, if the provision of services by the practitioner in the course of that practice does not ordinarily involve treatment of children without one or more other adults present,\n> > \n> > > (j) a co-worker or work supervisor of a child, other than a worker engaged in work referred to in clause 12(2) or 16AA,\n> > \n> > > (k) a home care worker who holds a police certificate that is current for the purposes of the [Accountability Principles 1998](http://www.legislation.gov.au/) made under the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, if the work is home care work and the clients are not primarily children,\n> > \n> > > (l) a health practitioner who is working in and visiting New South Wales from outside the State, if the period of work does not exceed a total of 5 days in any period of 3 months,\n> > \n> > > (m) a worker who is working in and visiting New South Wales from outside the State for the purposes of a one-off event such as a jamboree, sporting or religious event or tour, if the event is the only child-related work carried out by the worker in New South Wales in that calendar year and the period of the work does not exceed 30 days,\n> > \n> > > (n) a worker who is working in and visiting New South Wales from outside the State for the purposes of child-related work (other than a worker referred to in paragraph (l) or (m)), if the worker is the holder of an interstate working with children check in the jurisdiction in which the person ordinarily resides, or is exempt from the requirement to have such a check in that jurisdiction, and the period of the child-related work in New South Wales does not exceed a total of 30 days in any calendar year,\n> > \n> > > (o) a visiting speaker, adjudicator, performer, assessor or other similar visitor at a school or other place where child-related work is carried out if the work of the person at that place is for a one-off occasion and is carried out in the presence of one or more other adults.\n> \n> > (2) Subclause (1)(e) and (f) do not apply to a parent or close relative, if the volunteering involves any of the following—\n> > \n> > > (a) providing personal care services to children with disabilities, being services that involve intimate contact with those children, such as assistance with toileting, bathing or dressing,\n> > \n> > > (b) providing mentoring services as part of a formal mentoring program provided by a government or non-government agency,\n> > \n> > > (c) attending at an overnight camp for children.\n> \n> > (3) In this clause—\n> > \n> > holder of an interstate working with children check means a person who has undergone interstate child-related work screening under a law of another jurisdiction in which the person ordinarily resides and who is permitted by that law to carry out child-related work.\n> > \n> > interstate child-related work screening has the same meaning as in section 34 of the Act.\n> \n> **cl 20:** Am 2013 (676), Sch 2 \\[4\\]; 2018 No 14, Sch 2.1 \\[2\\]; 2022 (725), Sch 1\\[3\\].","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Short-term emergency exemption","content":"#### 21 Short-term emergency exemption\n\n21 Short-term emergency exemption\n\n> A worker engaged in child-related work and any adult person who resides at the home of the worker, and the employer of the worker, are exempt from the Act if—\n> \n> > (a) the employer is of the opinion that the engagement of that worker is necessary in the circumstances of the case to prevent an increased risk to the safety of children, and\n> \n> > (b) the worker has been engaged for a period of not more than 5 consecutive working days without complying with Division 2 of Part 2 of the Act.","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Exemption for certain household members where out-of-home care not provided","content":"#### 22 Exemption for certain household members where out-of-home care not provided\n\n22 Exemption for certain household members where out-of-home care not provided\n\n> An adult person who resides at the home of an authorised carer who provides out-of-home care (within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)) is exempt from the requirements of section 10 of the Act if the authorised carer only provides that care at a place other than the home.\n> \n> **cl 22:** Subst 2013 (269), Sch 1 \\[3\\]; 2013 (676), Sch 2 \\[5\\].","sortOrder":36},{"sectionNumber":"22A","sectionType":"section","heading":"Exemption for birth parents resident in households of authorised carers","content":"#### 22A Exemption for birth parents resident in households of authorised carers\n\n22A Exemption for birth parents resident in households of authorised carers\n\n> An adult person who resides at the home of an authorised carer is exempt from the requirements of section 10 of the Act if the person is the birth parent of a child for whom care is provided by the authorised carer at that home.\n> \n> **cll 22A:** Ins 2013 (676), Sch 2 \\[5\\].","sortOrder":37},{"sectionNumber":"22B","sectionType":"section","heading":"Exemption for authorised carers and adult residents who reside overseas","content":"#### 22B Exemption for authorised carers and adult residents who reside overseas\n\n22B Exemption for authorised carers and adult residents who reside overseas\n\n> > (1) An authorised carer who resides outside Australia, and any adult person who resides at the home of that authorised carer, are exempt from the Act.\n> \n> > (2) This exemption ceases to apply to an authorised carer or adult person during any period that the authorised carer or person remains in Australia for more than 7 consecutive days.\n> \n> **cll 22B:** Ins 2013 (676), Sch 2 \\[5\\].","sortOrder":38},{"sectionNumber":"22C","sectionType":"section","heading":"48 hour exemption if adult resident no longer has clearance or current application","content":"#### 22C 48 hour exemption if adult resident no longer has clearance or current application\n\n22C 48 hour exemption if adult resident no longer has clearance or current application\n\n> > (1) This clause applies to an adult person who resides at the home of an authorised carer if the adult person—\n> > \n> > > (a) has a working with children check clearance which is cancelled, or\n> > \n> > > (b) has an application for a clearance that is refused.\n> \n> > (2) An adult person or a designated agency does not commit an offence against section 10 of the Act because of a cancellation or refusal referred to in subclause (1) unless the person or agency has been notified of the cancellation or refusal and more than 48 hours have passed since that notification.\n> \n> **cll 22C:** Ins 2014 (681), Sch 1 \\[3\\].","sortOrder":39},{"sectionNumber":"22D","sectionType":"section","heading":"Exemption if adult resident residing with carer whose authorisation suspended","content":"#### 22D Exemption if adult resident residing with carer whose authorisation suspended\n\n22D Exemption if adult resident residing with carer whose authorisation suspended\n\n> Section 10 of the Act does not apply to a person residing at the home of an authorised carer if the carer’s authorisation is suspended.\n> \n> **cll 22D:** Ins 2014 (681), Sch 1 \\[3\\].","sortOrder":40},{"sectionNumber":"22E","sectionType":"section","heading":"Exemption from notification by reporting bodies of certain historic matters","content":"#### 22E Exemption from notification by reporting bodies of certain historic matters\n\n22E Exemption from notification by reporting bodies of certain historic matters\n\n> > (1) A reporting body within the meaning of section 35 of the Act is exempt from the requirement under that section to notify the Children’s Guardian in respect of a finding made by the reporting body before 3 July 1995.\n> \n> > (2) This clause does not apply in respect of a finding made by a reporting body if the Children’s Guardian gives a written direction to the reporting body that this clause does not apply to the finding.\n> \n> > (3) 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> > (4) Nothing in this clause prevents a reporting body from notifying the Children’s Guardian under section 35 of the Act about a finding in respect of which an exemption under this clause applies.\n> \n> > (5) This clause ceases to have effect on 29 October 2016.\n> \n> **cl 22E:** Ins 2014 (681), Sch 1 \\[3\\]. Am 2015 (656), cl 3.","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":42},{"sectionNumber":"23","sectionType":"section","heading":"Information that may be made available","content":"#### 23 Information that may be made available\n\n23 Information that may be made available\n\n> > (1) The following information about a person contained in the working with children register may be made available by the Children’s Guardian to an employer or proposed employer of the person on a request by the employer or proposed employer—\n> > \n> > > (a) the application number of any application for a clearance made by the person,\n> > \n> > > (b) the current clearance status of an applicant or holder,\n> > \n> > > (c) the number, class and expiry date of any clearance held by a person.\n> \n> > (2) The Children’s Guardian must not make the information available unless the request is made in the form approved by the Children’s Guardian and contains the particulars required by the Children’s Guardian.\n> \n> > (3) The following information about an employer held in a database maintained by the Children’s Guardian may be made publicly available by the Children’s Guardian—\n> > \n> > > (a) the trading name or registered business name, if any, of the employer,\n> > \n> > > (b) the child-related work for which the employer engages a child-related worker,\n> > \n> > > (c) the postcode or name of the place in which the business of the employer is located,\n> > \n> > > (d) whether any requests for information about clearance status were made to the Children’s Guardian by the employer within a specified period.\n> \n> **cll 23:** Am 2013 (269), Sch 1 \\[2\\].","sortOrder":43},{"sectionNumber":"24","sectionType":"section","heading":"Notifications by reporting bodies","content":"#### 24 Notifications by reporting bodies\n\n24 Notifications by reporting bodies\n\n> > (1) A notification by a reporting body under section 35 of the Act must be made in the form approved by the Children’s Guardian and submitted to the Children’s Guardian online via the website of the Children’s Guardian.\n> \n> > (2) The reporting body must, on the written request of the Children’s Guardian, provide the Children’s Guardian with copies of records of allegations, investigations and findings concerning the subject of the notification.\n> \n> > (3) Records of allegations, investigations and findings concerning the subject of any such notification must be kept by the reporting body or any successor of that body for not less than 30 years, unless the records are given to the Children’s Guardian.\n> \n> > (4) If a reporting body or any successor to a reporting body ceases to exist and there is no successor to that body, the body or successor must ensure that the records are lodged with the Children’s Guardian before the body or successor ceases to exist.\n> \n> > (5) A reporting body may amend or withdraw a notification, in writing to the Children’s Guardian, if—\n> > \n> > > (a) the finding the subject of the notification is quashed, withdrawn or amended, or\n> > \n> > > (b) there is an error in the notification or a finding the subject of the notification, or\n> > \n> > > (c) the notification is otherwise wrongly made, or\n> > \n> > > (d) the person the subject of the notification dies.\n> \n> > (6) An amendment or withdrawal of a notification on the basis of an error must be accompanied by a statutory declaration by or on behalf of the reporting body specifying the error and any correction of that error.\n> \n> > (7) A reporting body must, as soon as practicable after making a notification or amending or withdrawing a notification, give written notice to the child-related worker who is the subject of the notification, amendment or withdrawal.\n> \n> > (8) A reporting body must not, without reasonable excuse, contravene this clause.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> **cll 24:** Am 2013 (269), Sch 1 \\[2\\].","sortOrder":44},{"sectionNumber":"25","sectionType":"section","heading":"Additional reporting body","content":"#### 25 Additional reporting body\n\n25 Additional reporting body\n\n> For the purposes of paragraph (e) of the definition of reporting body in section 35(4) of the Act, the Scout Association of Australia, New South Wales Branch is prescribed.\n> \n> **cl 25:** Subst 2019 No 25, Sch 5.7\\[2\\]; 2020 (62), cl 3.","sortOrder":45},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26 (Repealed)","sortOrder":46},{"sectionNumber":"27","sectionType":"section","heading":"Authorised disclosure of information","content":"#### 27 Authorised disclosure of information\n\n27 Authorised disclosure of information\n\n> For the purposes of the Act, section 45(3), the following agencies are prescribed—\n> \n> > (a) the Department of Customer Service,\n> \n> > (b) the Ministry of Health,\n> \n> > (c) the Department of Education,\n> \n> > (d) the Department of Communities and Justice,\n> \n> > (e) the NSW Education Standards Authority,\n> \n> > (f) the TAFE Commission.\n> \n> **cl 27:** Ins 2022 (121), Sch 1\\[7\\]. Am 2022 (725), Sch 1\\[4\\].","sortOrder":48},{"sectionNumber":"28","sectionType":"section","heading":"Application fees","content":"#### 28 Application fees\n\n28 Application fees\n\n> For the Act, sections 29(1)(d) and 30C(1)(d), the prescribed fee for each of the following is double the amount of the application fee for a clearance under clause 17(1)(b)—\n> \n> > (a) an application for an internal review under the Act, Part 4, Division 2,\n> \n> > (b) an application for a disqualification reassessment under the Act, Part 4, Division 3.\n> \n> **cl 28:** Ins 2025 (533), Sch 1\\[2\\].","sortOrder":49},{"sectionNumber":"29","sectionType":"section","heading":"Members of expert advisory panel may advise on applications for review","content":"#### 29 Members of expert advisory panel may advise on applications for review\n\n29 Members of expert advisory panel may advise on applications for review\n\n> For the Act, sections 30(2)(b) and 30D(3)(b), a member of the expert advisory panel appointed under the Act, section 42A is prescribed.\n> \n> **cl 29:** Ins 2025 (533), Sch 1\\[2\\].","sortOrder":50},{"sectionNumber":"30","sectionType":"section","heading":"Information relevant to disqualification reassessment","content":"#### 30 Information relevant to disqualification reassessment\n\n30 Information relevant to disqualification reassessment\n\n> For the Act, section 30D(4)(c), in deciding an application for a disqualification reassessment, the Children’s Guardian must consider information about significant changes in any relevant circumstances from the time the disqualifying offence occurred.\n> \n> **cl 30:** Ins 2025 (533), Sch 1\\[2\\].","sortOrder":51},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n**sch 1:** Am 2013 (269), Sch 1 \\[2\\] \\[4\\]–\\[12\\]; 2013 (676), Sch 2 \\[6\\]–\\[22\\]; 2014 (681), Sch 1 \\[4\\]–\\[12\\]; 2015 (671), cl 3; 2017 (301), cl 3 (2) (3); 2018 (87), cl 3 (1) (2); 2018 No 46, Sch 2.2 \\[2\\].","sortOrder":52},{"sectionNumber":"2A","sectionType":"section","heading":"School cleaners employed after commencement of Part 2 of the Act and before 31 March 2014","content":"#### 2A School cleaners employed after commencement of Part 2 of the Act and before 31 March 2014\n\n2A School cleaners employed after commencement of Part 2 of the Act and before 31 March 2014\n\n> > (1) On and from 31 March 2014, workers engaged as school cleaners by an employer after the commencement of Part 2 of the Act are required to comply with Division 2 of Part 2 of the Act.\n> \n> > (2) Until 31 March 2014, a worker referred to in subclause (1) is not required to obtain or have a clearance in respect of that work and section 9 of the Act does not apply in respect of an employer of any such person.\n> \n> > (3) This clause has effect despite any provision of Part 2 of Schedule 3 to the Act.","sortOrder":55},{"sectionNumber":"2B","sectionType":"section","heading":"Membership of governing body of certain agencies","content":"#### 2B Membership of governing body of certain agencies\n\n2B Membership of governing body of certain agencies\n\n> > (1) On and from 31 March 2015, a person who is a member of a governing body that is specified to be a child-related role by clause 16B of this Regulation is required to comply with Division 2 of Part 2 of the Act.\n> \n> > (2) Until 31 March 2015, a person referred to in subclause (1) is not required to obtain or have a clearance in respect of that role and section 9 of the Act does not apply in respect of an employer of any such person.","sortOrder":56},{"sectionNumber":"2C","sectionType":"section","heading":"Principal officer of registered agency","content":"#### 2C Principal officer of registered agency\n\n2C Principal officer of registered agency\n\n> > (1) On and from 31 March 2015, a person in the role of principal officer of a registered agency within the meaning of clause 16C of this Regulation is required to comply with Division 2 of Part 2 of the Act.\n> \n> > (2) Until 31 March 2015, a person referred to in subclause (1) is not required to obtain or have a clearance in respect of that role and section 9 of the Act does not apply in respect of an employer of any such person.","sortOrder":57},{"sectionNumber":"2D","sectionType":"section","heading":"Counselling, mentoring or distance education not involving direct contact","content":"#### 2D Counselling, mentoring or distance education not involving direct contact\n\n2D Counselling, mentoring or distance education not involving direct contact\n\n> A person who is a worker providing ongoing counselling, mentoring or distance education for children that is specified to be a child-related role by clause 16D of this Regulation is required to comply with Division 2 of Part 2 of the Act.","sortOrder":58},{"sectionNumber":"5A","sectionType":"section","heading":"Early application of Act—certain self-employed persons","content":"#### 5A Early application of Act—certain self-employed persons\n\n5A Early application of Act—certain self-employed persons\n\n> > (1) The Children’s Guardian may, by notice in writing to a person to whom clause 4 of Schedule 3 to the Act applies, require the person to comply with Division 2 of Part 2 of the Act by a specified day.\n> \n> > (2) Clause 4 of Schedule 3 to the Act ceases to apply to the person on and from the specified day and the person must instead comply with Division 2 of Part 2 of the Act after the specified day.","sortOrder":62},{"sectionNumber":"7A","sectionType":"section","heading":"Self-employed persons","content":"#### 7A Self-employed persons\n\n7A Self-employed persons\n\n> Clause 4 of Schedule 3 to the Act does not apply to a person who—\n> \n> > (a) has been subject to an interim bar, or\n> \n> > (b) has had an application for a working with children check clearance refused, or\n> \n> > (c) has had a working with children check clearance cancelled.\n> \n> Note.\n> \n> Clause 4 of Schedule 3 to the Act also does not apply to a disqualified person.","sortOrder":65},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Fee indexation","content":"# Schedule 1A Fee indexation\n\nSchedule 1A Fee indexation\n\nclause 17(1)(b)\n\n**sch 1A:** Ins 2024 (303), Sch 1\\[2\\].","sortOrder":67},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 2 Penalty notice offences\n\nSchedule 2 Penalty notice offences\n\nFor the purposes of section 50A of the Act—\n\n> (a) each offence specified in Column 1 of this Schedule is an offence for which a penalty notice may be issued, and\n\n> (b) the amount payable under any such penalty notice is the amount specified for the offence in Column 2 of this Schedule (in respect of a corporation) or in Column 3 of this Schedule (in respect of an individual).\n\n| Column 1 | Column 2 | Column 3 |\n| Offence | Penalty—corporation | Penalty—individual |\n| Offences under the Act |\n| Section 8(1) | — | $2,750 |\n| Section 8(2) | — | $2,750 |\n| Section 9(1) | $2,750 | $1,100 |\n| Section 9A(6) | $1,000 | $500 |\n| Section 9AA(6) | $1,000 | $500 |\n| Section 9B(2) | $2,750 | $1,100 |\n| Section 9B(4) | $2,750 | $1,100 |\n| Section 40(2) | $2,750 | $1,100 |\n| Section 45A | — | $275 |\n\n**sch 2:** Am 2013 (269), Sch 1 \\[2\\]. Rep 2014 (681), Sch 1 \\[13\\]. Ins 2018 No 14, Sch 2.1 \\[3\\]. Am 2024 (486), Sch 2.","sortOrder":71}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation has expanded significantly beyond its original 2013 scope. Originally focused on basic definitions of child-related work and transitional arrangements, it has grown to include: school cleaners (added 2013), governing body members of designated agencies (2014), principal officers of specialised substitute residential care (2014), distance education/counselling roles without direct contact (2017), tobacco inspectors (2022), heads of child safe organisations (2022), and new review/reassessment procedures (2025). The fee structure has also become more complex with the addition of CPI-indexed fees in 2024. The transitional provisions in Schedule 1, while now largely historical, were extraordinarily complex with industry-specific phase-in dates."},"complexity_factors":["Multiple defined terms in clause 3 including culturally specific definitions (Aboriginal extended family/kinship systems)","Extensive cross-referencing to other NSW legislation (Children's Guardian Act 2019, Children and Young Persons (Care and Protection) Act 1998, Health Practitioner Regulation National Law, etc.)","Nested conditional logic in exemptions (clause 20 has 15 separate exemption categories with sub-exceptions in subclause (2))","Complex staged compliance schedule (Schedule 1, clause 2) with 6 different compliance periods spanning 2013–2018, different rules for different health districts, and specific carve-outs for visiting medical practitioners","Multiple amendment history notes throughout indicating evolving scope (clauses 3, 6, 17, 18, 20, 22, 25, etc.)","Mathematical formula for fee indexation in Schedule 1A with CPI calculations and rounding rules","Interaction between Regulation and Act provisions requiring readers to cross-reference both documents constantly"],"plain_english_summary":"This Regulation sets out the detailed rules for who needs a Working With Children Check (WWCC) in New South Wales, and how the system operates.\n\n**What it does:**\nThe Regulation works together with the main Act (the Child Protection (Working with Children) Act 2012) to:\n- **Define \"child-related work\"** – listing specific jobs and activities that require a WWCC clearance, such as teaching, coaching, childcare, health services, religious ministry involving children, and even school cleaning.\n- **Set out exemptions** – identifying who doesn't need a check despite working with children (for example, volunteers who are parents of children in the activity, workers under 18, police officers, and people working with close relatives).\n- **Establish fees and application processes** – including how much applications cost (free for volunteers, fee-paying for paid workers), where to apply, and how to prove your identity.\n- **Create transitional rules** – phasing in the requirements over several years (2013–2018) so different industries had time to comply.\n\n**Who it affects:**\n- Anyone working or volunteering with children in NSW (coaches, teachers, healthcare workers, foster carers, religious leaders, etc.).\n- Employers who hire people for child-related work.\n- Authorised carers (foster carers) and adults living in their households.\n- Government agencies like the Children's Guardian who administer the checks.\n\n**Why it matters:**\nThis Regulation determines whether you legally need a WWCC clearance before you can work with kids. Without it, you can't legally be employed in these roles, and employers can face heavy fines. It also protects children by ensuring people with serious criminal histories or misconduct findings are barred from child-related work."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation has been amended more than 30 times since it commenced in April 2013, strongly suggesting its scope has expanded or been refined over time — likely adding new categories of child-related work, adjusting exemptions, and responding to emerging child safety concerns. This level of amendment activity is well above average for a regulation of this type and indicates the practical scope has grown beyond the original 2013 intent."},"complexity_factors":["The regulation itself is procedural and administrative, but derives its full meaning from the parent Act (Child Protection (Working with Children) Act 2012), requiring readers to cross-reference two documents","Over 30 amendments since 2013 means the current operative provisions are layered and have evolved significantly — determining what was in force at any given time is non-trivial","Defining the scope of 'child-related work' (which roles trigger the requirement) involves nuanced categorisation that can be difficult for individuals and small employers to navigate","Pending staged repeal in September 2026 adds uncertainty about the regulation's ongoing status","The actual substantive provisions are not visible in the provided text, meaning the true operational complexity cannot be fully assessed from the material provided"],"plain_english_summary":"## Child Protection (Working with Children) Regulation 2013 (NSW)\n\nThis is a NSW regulation that supports the **Working with Children Check** system — the background checking process that screens people who work or volunteer with children.\n\n### What does it do?\nThis regulation fills in the operational details of the main *Child Protection (Working with Children) Act 2012*, such as:\n- Defining which types of jobs and volunteer roles require a Working with Children Check\n- Setting out how the checking process works in practice\n- Specifying fees, forms, and administrative procedures\n\n### Who does it affect?\n- **Anyone working or volunteering with children** in NSW — teachers, coaches, childcare workers, tutors, youth workers, and many others\n- **Employers and organisations** that hire or engage people to work with children — they must ensure their staff hold valid clearances\n- **Parents and carers** benefit indirectly, as this system is designed to protect children from people who pose a risk to their safety\n\n### Why does it matter?\nIf you work with children in NSW — paid or unpaid — **you likely need a Working with Children Check clearance**. Without one, you could be breaking the law. Employers can also face penalties for allowing uncleared workers to work with children.\n\n### Important note\nThis regulation has been updated **over 30 times** since 2013, meaning the rules have changed frequently. Always check you're looking at the current version. It is currently scheduled to be **automatically cancelled on 1 September 2026** (a standard process for NSW regulations, called 'staged repeal', where regulations expire unless actively renewed)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulation widens and refines the operational scope of the working-with-children screening regime over time by adding specific child-related roles and administrative mechanisms. Examples in the Regulation show scope expansion beyond the original core lists: the role of school cleaner was specifically prescribed as child-related (clause 16A); inspectors under the Public Health (Tobacco) Act were added as child-related (clause 16AA); the roles of governing body members and principal officers of specialised substitute residential care and heads of child safe organisations were prescribed (clauses 16B, 16C, 16CA); and ongoing counselling, mentoring or distance education without direct contact was prescribed (clause 16D). Fee and process changes were also introduced later (Schedule 1A fee indexation, clause 28 increasing prescribed fees for review/reassessment). Transitional and staged application provisions (Schedule 1, clause 2 and related clauses) further alter when and how the Act’s requirements apply across sectors and cohorts. These insertions and later amendments indicate a progressive change in operational scope and administrative detail within the regulation itself."},"complexity_factors":["Many role-specific definitions across multiple service sectors (clauses 4–16D) requiring line-by-line application.","Numerous exemptions and conditional exemptions that change who must hold a clearance (Part 4, clause 20 and clauses 21–22D).","A staged and sector-by-sector compliance timetable with transitional rules (Schedule 1, clause 2 and related subclauses).","Cross-references to multiple Acts and external instruments for definitions and authority (see cl 3 and multiple clauses citing other Acts).","Administrative discretion vested in the Children’s Guardian (forms, online identity invitations, directions, early compliance notices) (clauses 18(2), 19, 23(2), Schedule 1 clause 5).","Fee-setting plus an annual CPI-based indexation formula and notification requirements (Schedule 1A clauses 2–3).","Detailed notification, record-keeping and correction/amendment processes for reporting bodies with a statutory retention period (clause 24(1)–(4)).","Penalty notice schedule that distinguishes corporation and individual amounts and maps to Act sections (Schedule 2)."],"plain_english_summary":"What this regulation does (mechanically)\n\n- Sets out detailed rules that operate under the Child Protection (Working with Children) Act 2012 (“the Act”). It defines which roles count as \"child-related work\", the people and employers who must be screened, the exemptions, how clearances are applied for and proved, the fees payable and how fees are indexed, the form and handling of notifications by reporting bodies, information the Children’s Guardian may release, and penalty notice amounts for certain offences (see Part 2, Part 3, Part 4, Part 5, Schedules).\n\nWho this affects\n\n- Individuals doing work that the Regulation defines as child-related (examples include school staff and cleaners, health practitioners working with children, youth workers, coaches, religious workers dealing primarily with children, transport providers for children and many others) (clauses 4–16D).\n- Employers and proposed employers who engage child-related workers (information access rules and obligations for requests are in clause 23).\n- Reporting bodies that must notify the Children’s Guardian about certain findings and keep records (clause 24).\n- The Children’s Guardian and administrative agencies that implement and enforce the scheme (for example, Service NSW service centres receive fees and identity proofing; the Children’s Guardian approves forms and may give notices) (clauses 17–19, 23–24).\n\nKey mechanics you need to know\n\n- What counts as child-related work: the Regulation lists many specific roles and service types (health, education, clubs, childcare, justice centres, religious roles, residential care, transport, youth work, etc.) and contains role-specific prescriptions (clauses 4–16D).\n\n- Exemptions from requiring a clearance: a set of role- or circumstance-based exemptions is prescribed (for example brief engagements up to 5 working days in a calendar year, parents volunteering in some circumstances, close relatives in some circumstances, visiting workers with interstate checks) (clause 20 and clauses 21–22D).\n\n- How to apply and prove identity: applicants normally provide proof of identity and pay fees at a Service NSW service centre (clauses 17(2), 18(1)). The Children’s Guardian may invite certain holders to verify identity online (clause 18(2)). Where applicants cannot meet normal ID rules, alternate arrangements apply and the fee/payment may be handled by the Office of the Children’s Guardian (clause 18A).\n\n- Fees and fee indexation: volunteers pay no fee; all other applicants pay the fee set by Schedule 1A (clause 17(1)). Schedule 1A sets an initial fee level and an annual CPI-based indexing formula for later years and requires the Children’s Guardian to notify the amount for the next financial year (Schedule 1A clauses 2–3).\n\n- Information sharing and employer checks: an employer or prospective employer can request specified register information (application number, clearance status, number/class/expiry of clearance) but the request must be in a form approved by the Children’s Guardian (clause 23(1)–(2)). The Children’s Guardian may publish limited employer details from a maintained database (clause 23(3)).\n\n- Notifications and record-keeping by reporting bodies: notifications must use approved forms and be submitted online; reporting bodies must keep records for at least 30 years or lodge them with the Children’s Guardian; they may amend or withdraw notifications in prescribed circumstances; failure to comply carries a penalty (clause 24(1)–(8)).\n\n- Penalty notices: the Regulation lists specific penalty notice amounts for certain offences under the Act and distinguishes corporation and individual amounts (Schedule 2).\n\nOfficial purpose-claims and how the regulation changes behaviour\n\n- The text prescribes roles and processes so that people performing certain kinds of work with children are identified and screened (see clauses 4–16D, Part 3 and Part 4). The stated mechanisms are: role definitions to capture work that involves children, a clearance application process with identity verification and fees, exemptions for limited or private arrangements, and reporting/notification systems (clauses 4–18, 20–22, 24).\n\nCosts, incentives and trade-offs (source-grounded)\n\n- Direct monetary cost to applicants: non-volunteers pay an application fee; volunteers do not (clause 17(1)). The fee is set and then indexed annually using a CPI formula (Schedule 1A clauses 2–3). Those costs fall on applicants (or employers if they choose to pay) and will rise automatically with CPI unless the calculated amount would fall below the previous year’s fee (Schedule 1A clause 2(3)).\n\n- Administrative and time costs: applicants must prove identity at Service NSW service centres unless invited to use online proofing or approved alternative arrangements apply (clauses 17(2), 18(1)–(3), 18A). Employers must use approved forms to request clearance information and reporting bodies must submit notifications online and retain records for 30 years (clauses 23(2), 24(1), 24(3)). Those are recurring compliance efforts for employers and reporting bodies.\n\n- Compliance burden concentrated vs diffuse: obligations to obtain clearances and keep records impose concentrated effort on organisations that engage many child-related workers (education providers, health services, clubs). Some exemptions (clause 20) reduce burden for short-term, infrequent, informal or family-based arrangements. The Children’s Guardian may require early compliance by notice (Schedule 1 clause 5), which shifts the timing of costs onto targeted employers or classes of persons.\n\n- Bureaucratic discretion and implementation risk: the Children’s Guardian controls several operational points — approving application/notification forms and online identity methods, issuing application and clearance numbers, prescribing who is a notifiable person in some cases, giving written directions to reporting bodies, and can require early compliance (clauses 18(2), 19, 23(2), 24(1)–(2), Schedule 1 clauses 5 and 5A, clause 3A). That discretion shapes how quickly and narrowly requirements are enforced and may affect when a person must comply.\n\n- Effects on private choice and business operations: businesses and self-employed persons who provide child-related services must factor clearance costs and processes into hiring and contracting (clauses 9–16, clause 17). The Children’s Guardian may make limited employer details publicly available (clause 23(3)), which can affect reputation or marketing but the Regulation limits what is disclosed. Penalty notices create a financial risk for non-compliance (Schedule 2).\n\n- Substitution and cross-jurisdiction issues: the Regulation permits some visiting workers from other jurisdictions to rely on interstate checks or exemptions for limited periods (clause 20(1)(l)–(n), clause 20(1)(m)), which allows short-term cross-border work without duplicate screening but requires recognition of interstate checks.\n\nImplementation practicalities and opportunity costs\n\n- The staged compliance timetable and transitional provisions (Schedule 1, clause 2 and related clauses 2A–2D) phase obligations in by sector and locality. That staggers compliance costs over time for employers and workers but requires tracking of dates and eligible categories.\n\n- The Children’s Guardian must publish and manage online forms and an online notification system (clauses 18(2), 24(1), Schedule 1A clause 3). Setting up and maintaining those digital systems is an administrative cost borne by the Office of the Children’s Guardian and affects how efficiently employers and reporting bodies can comply.\n\nConcentrated benefits and potential rent-seeking pathways (source-grounded)\n\n- The Regulation creates a defined compliance market (checks, identity proofing, record-keeping) and a defined set of exemptions. Those with recurring obligations (large employers in education, health, childcare) are the most affected economically and administratively (clauses 4–16D, clause 20). The Children’s Guardian’s ability to publish limited employer details (clause 23(3)) and to require early compliance (Schedule 1 clause 5) are implementation levers with value to regulated parties.\n\nBottom line (mechanical summary)\n\n- The Regulation specifies which roles are child-related, how screening and clearances operate (including fees and identity requirements), who is exempt and on what grounds, how reporting bodies must notify and keep records, what register information can be released to employers, the agencies authorised to receive disclosed information, penalty notice amounts for specified offences, and a CPI-based mechanism to index the clearance application fee annually (see Parts 2–5, Schedule 1, Schedule 1A, Schedule 2). The Children’s Guardian and Service NSW are central administrative actors with specific powers to approve forms, invite online identity proofing, issue notices, and to be the repository for alternative ID arrangements (clauses 17–19, 18A, 23–24, Schedule 1A)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-working-with-children-regulation-2013","history":"/api/acts/child-protection-working-with-children-regulation-2013/history","analysis":"/api/acts/child-protection-working-with-children-regulation-2013/analysis","conflicts":"/api/acts/child-protection-working-with-children-regulation-2013/conflicts","importantCases":"/api/acts/child-protection-working-with-children-regulation-2013/important-cases","documents":"/api/acts/child-protection-working-with-children-regulation-2013/documents"}}