Education and Care Services National Regulations (NSW)
358Working with children check—staff members
Start here
Get a plain-English read of 358
Turn the raw legal text into a practical explanation grounded in Education and Care Services National Regulations (NSW).
358 Working with children check—staff members
358 Working with children check—staff members
(1) The approved provider of an education and care service must not engage a person as a staff member or nominated supervisor of that service unless the staff member or nominated supervisor holds a current working with children check.
Penalty: $6600.
(2) The approved provider of an education and care service must ensure that a person who is aged 18 years or over who is a volunteer at the service holds proof that the person holds a current working with children check.
Penalty: $6600.
(3) Subregulations (1) and (2) do not apply in relation to the following—
(a) a person who holds a current Victorian Institute of Teaching registration under the Education and Training Reform Act 2006 of Victoria and the approved provider of the education and care service has checked the relevant register kept under that Act to ensure that the person is registered;
(b) a person who is not required to hold a working with children check in accordance with the Worker Screening Act 2020 of Victoria and the approved provider of the education and care service has confirmed the person is exempt under that Act.