Overview
The Working with Children Check is a requirement for anyone in paid or volunteer child-related work. Employers and organisations must verify the Working with Children Check details of anyone they engage in child-related work. The Check lasts for 2-5 years, depending on where you live and undergoes continuous monitoring, even if someone moves jobs - a new employee or volunteer who already has a Check does not require a new one.
The Working with Children Check is required for people who work with children. It is different from the Police Check.
Who needs a check?
Employers and organisations need to decide who engages in child-related work and requires a Working with Children Check, or if any roles fall under an exemption.
Child-related work (including voluntary work) is:
- Providing services for children and young people under 18
- Where the work normally involves being face to face with children
- Where contact with children is more than incidental to the work.
The legislation lists sectors and services that are child-related work.
This video is produced by Office of The Children's Guardian and provides information regarding Working with Children Checks in NSW, not all information may be relevant to other States and Territories.
The following roles also require a Working with Children Check:
- An adult who resides or stays regularly (several nights a week) on the property of an authorised carer (foster carer or other authorised carer of children in statutory or supported out-of-home-care)
- A home-based education and care service provider
- A family daycare service provider (where care is provided at home)
- Potential adoptive parents.
If a role or sector of your organisation is not covered here, but you believe it to be child-related work, you can apply for a role to be considered by the Children’s Guardian. This situation can arise if a worker is dealing with confidential records for a child, for example, a researcher or administration person.
Exemptions
People who do not work or deliver services to children do not need a Working with Children Check. If someone occasionally delivers services to children, it is the organisation’s responsibility to decide if a Working with Children Check is required, or if an exemption applies.
The Regulations include exemptions to requiring a Working with Children Check. Employers should check local legislation for any exemptions that apply to their situation.
Exemptions include:
- Under 18s
- Workers visiting another state or territory for a short time
- Parents and close relatives volunteering at their children’s usual school and extra-curricular activities.
There are three specific instances when close relatives do need a Check when they are volunteering at school or activities:
- Providing personal care for a child with disability
- Participating in a formal mentoring program
- At an overnight camp for kids.
Role Examples:
Working with Children Check Required | No Working with Children Check Required |
---|---|
You work with children. This includes music teachers, extracurricular coaches, instructors, dance teachers, tutors, nannies, faith leaders and children's entertainers. | You work in an organisation that delivers services for children but you do not have more than incidental contact with the children. |
You work with or help children with disability. | You are a student, over 18, on a clinical placement in a hospital or other health service. |
You provide transport for children (including to their work in the entertainment industry). | Your work occasionally includes helping out with children as an incidental part of your role, but your work with children is very short term - a visitor to a school as a guest speaker. |
You volunteer to work with children who are not close relatives. | You are under 18, or a co-worker or supervisor of a worker who is under 18. |
You provide babysitting through an agency. | You work as a referee, umpire or linesperson or other sporting official where the work does not involve contact with children for extended periods without other adults being present. |
Child Safe Self Assessment
All child-related organisations should apply the Child Safe Standards to better prevent and respond to child abuse.
Organisations under the Child Safe Scheme must demonstrate their commitment to child safety by having child safe systems, policies and processes based on the Child Safe Standards.
The New South Wales Office of the Children's Guardian has produced a Self-Assessment tool to help determine how closely your organisation fits with the Child Safety Standards.
Learn more about the Child Safe Scheme here and access the Self Assessment Tool, Media Kit and Additional Training and Resources below:
Child Safe Self Assessment Tool
Child Safe Self-Assessment Media Kit
The Child Safe Podcast
Produced by the New South Wales Office of the Children's Guardian, The Child Safe Podcast discusses with experts the various aspects of child safety.
Click here to listen to episodes of The Child Safe podcast
Additional Resources
Navigating Background Checks
Navigating what background checks are required to maintain the safety of your volunteers and the community can be a difficult task. Complying with local legislation and regulations is essential for your program if your volunteers engage with children and/or vulnerable people as part of their role. For more information visit our article on Navigating Background Checks.
National Police Check
A national police check is a check of an individual's criminal history across all jurisdictions in Australia. It includes information from state and territory police records. For more information visit our article on National Police Checks.
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