In a sweeping reform aimed at strengthening child safety, New South Wales Premier Chris Minns has announced plans to ban appeals for individuals denied a Working With Children Check.
This move follows public outcry over cases where serious offenders, including those with historic sexual convictions, successfully overturned denial decisions through the NSW Civil and Administrative Tribunal (NCAT).
Premier Minns condemned the loophole, stating it “makes a mockery of the working with children check,” and emphasized a one-strike policy: “When it comes to the safety of children, we can’t afford ambiguity.” The proposed bill will eliminate the right to appeal—a sharp departure from current practice where applicants, even with troubling histories, could present arguments based on time passed or psychological assessments.
A Working With Children Check remains compulsory for paid or volunteer roles involving children across NSW. The application process includes a national police record check and review of workplace misconduct. The Office of the Children's Guardian is also conducting a broader review of related legislation to enhance protections.
This change signals a strong stance from the NSW government on prioritizing child safety over rehabilitation or nuance in appeal cases. If passed, the new law could reshape hiring policies across education, childcare, and youth-focused sectors.
What Is Checked During A Working With Children Check in NSW
The Working With Children Check in New South Wales is a rigorous screening process designed to protect children from potential harm. Here's what’s assessed:
Background Screening
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National Police Check: Reviews your criminal history across Australia, including convictions, charges, and spent convictions.
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Reportable Workplace Misconduct: Investigates any allegations or findings of inappropriate behavior in child-related employment settings.
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Apprehended Violence Orders (AVOs): Considers any AVOs, especially those involving children or family violence.
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Relevant Disciplinary Proceedings: Includes actions taken by professional bodies (e.g., teaching or medical boards) related to child safety.
Continuous Monitoring
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Once cleared, your status is monitored continuously for new offenses or misconduct.
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The clearance is valid for five years but can be revoked if new concerns arise.
Outcome
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You’ll either receive a clearance or a bar from working with children.
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If barred, you’re prohibited from engaging in any child-related work (paid or volunteer).
This check is mandatory for anyone working or volunteering with children in NSW.
Reference:
NSW To Ban People From Appealing If Working With Children Check Is Denied