Introduction

The Working With Children Check (WWCC) is a mandatory requirement for individuals involved in child-related work in New South Wales (NSW), established under the Child Protection (Working with Children) Act 2012 (NSW) and managed by the NSW Office of the Children’s Guardian (OCG). 

By obtaining a WWCC, organisations and individuals demonstrate their commitment to maintaining a safe environment for children, adhering to legal obligations, and preventing potential offences related to child safety. Understanding the legal requirements and the implications of non-compliance is crucial for anyone working or volunteering in roles that involve direct interaction with children, ensuring that child protection remains a top priority in all related activities.

What is a WWCC, and Who Needs It?

Definition and Purpose of WWCC

A WWCC in NSW is a mandatory clearance for individuals engaging in child-related work. Its primary purpose is to safeguard children by screening applicants for criminal history and other relevant background information, ensuring that only suitable individuals can work or volunteer in roles involving direct contact with children.

Eligibility and Required Roles

Individuals required to obtain a WWCC include both employees and volunteers across various child-related sectors. These roles encompass:

• Child Protection Services: Professionals working to prevent and respond to child abuse and neglect.
• Education and Child Care Workers: Staff and volunteers in schools, early education centres, and childcare facilities.
• Healthcare Providers: Medical personnel involved in children’s health services.
• Youth Workers: Individuals providing support and guidance to young people in various settings.
• Residential Service Providers: Staff in youth refuges, overnight camps, and home stay programs.
• Volunteers in Organisations: Volunteers within clubs, religious groups, and other entities offering services to children.

Specific roles that mandate a WWCC include:

• Assessment Officers: Individuals responsible for evaluating child welfare cases.
• Authorised Carers: Caregivers living or staying regularly with children in out-of-home care.
• Family Day Care Service Providers: Volunteers providing childcare within a home environment.

For positions not explicitly listed in the legislation, organisations can apply to have these roles deemed child-related work, necessitating a WWCC for those individuals.

Individuals must be at least 18 years old and provide valid identification documents during the application process. Employers and organisations are responsible for ensuring that all relevant employees and volunteers obtain and maintain a valid WWCC.

Applying for a Working With Children Check in NSW

Application Process

The application process for a WWCC in NSW involves several steps to ensure thorough screening of applicants. Applicants must first complete the online application form, ensuring all personal details match their identity documents exactly. After completing the online form, applicants are required to visit a Service NSW Centre to present original identification documents and, if applicable, pay the required fee. Once documents are submitted, the OCG conducts a National Police Check and reviews reportable workplace misconduct records, a process that can take up to four weeks. During this period, applicants may receive notifications such as a WWCC notice, disqualification letter, notice of interim bar, or notice of risk assessment, depending on the outcome of their check.

Required Documentation

Applicants must provide four proofs of identity (POI) documents to apply for a WWCC. These documents must include one commencement of identity document, one primary use in the community document, and two secondary uses in the community documents. At least one of these documents must contain the applicant’s signature and photo, and all provided documents must be current and original. Acceptable POI documents include a NSW Driver Licence, NSW Photo Card, valid passport, or birth certificate, among others, while unacceptable documents are original paper documents that have been laminated, photocopies, certified copies, or expired documents unless specified. Additionally, applicants whose primary use document is not a NSW Driver Licence or NSW Photo Card must apply for a customer number with Transport for NSW.

Fees and Payment

The fee for a WWCC in NSW is $105 for paid positions. This fee is mandatory for individuals seeking paid employment in child-related work. Volunteers, however, are exempt from this fee and can apply for a WWCC free of charge. If a volunteer wishes to transition to a paid position, they must update their details and pay the applicable fee to convert their check accordingly. Payments are typically made during the in-person document submission at a Service NSW Centre.

Have questions about the application process, eligibility requirements and more? We are here to help.

Understanding Offences Related to WWCC Compliance

Engaging in Child-Related Work Without Clearance

Engaging in child-related work without a valid WWCC is a serious offence in NSW. This applies to both paid and voluntary roles that involve face-to-face contact with children. 

Additionally, if a person engages in child-related work while subject to an interim bar, the same penalties apply. An interim bar restricts individuals from working with children until their WWCC application is reviewed, and a final decision is made. It is crucial for employers to verify WWCC status before allowing individuals to commence any child-related roles to avoid these severe penalties.

Interim Bars and Disqualifications

Interim bars are imposed on individuals deemed high risk, preventing them from engaging in child-related work while their WWCC application is being processed or reviewed. An interim bar can last up to 12 months and ensures that individuals do not work with children until a final clearance decision is made.

Disqualifications, on the other hand, can prevent an individual from working with children for five years. This automatic disqualification occurs if a person is convicted of a Schedule 2 offence, as outlined in the Child Protection (Working with Children) Act 2012 (NSW). Schedule 2 offences include severe crimes such as homicide, sexual offences against children, and child pornography offences.

Conditions for Interim Bars:

• High-Risk Assessment: Triggered by findings from Schedule 1 offences or other relevant misconduct.
• Duration: Up to 12 months, preventing child-related work until clearance.
• Appeals: Individuals may seek a review from the NSW Civil and Administrative Tribunal within specified timeframes.

Implications of Disqualification:

• Employment Restrictions: Individuals cannot engage in any child-related work for five years following disqualification.
• Automatic Application: Disqualification automatically applies upon conviction of Schedule 2 offences, with no possibility of appeal until legal proceedings are concluded.
• Employer Obligations: Employers must ensure they do not employ or allow disqualified individuals to work with children, facing penalties for non-compliance.

Understanding the conditions and implications of interim bars and disqualifications is essential for both individuals and employers to maintain compliance with WWCC requirements and ensure the safety and protection of children.

Penalties for Non-Compliance with WWCC Requirements

Financial Penalties

Individuals and employers who fail to comply with WWCC requirements face significant financial repercussions. Engaging in child-related work without a valid WWCC can result in fines. Specifically, the maximum financial penalty imposed is 100 penalty units, which equates to $11,000. This penalty applies to both individuals who work with children without the necessary clearance and employers who knowingly allow their employees to engage in such work without a valid check.

Imprisonment and Other Legal Consequences

Non-compliance with WWCC requirements can also lead to severe legal consequences beyond financial penalties. Individuals found working with children without a valid check may face imprisonment for up to 2 years, in addition to the monetary fines. Similarly, employers who permit their employees to work with children without the appropriate clearance are subject to the same penalties, which include both fines and potential imprisonment.

These legal consequences serve as a deterrent to ensure that all individuals involved in child-related work adhere strictly to the WWCC regulations, thereby safeguarding the welfare and safety of children in various settings. 

Employers’ Obligations Under WWCC

Registration and Verification

Employers must register with the OCG to comply with the WWCC requirements. This involves completing the registration process online and ensuring that all roles requiring a WWCC are identified and verified before hiring. Additionally, employers are responsible for ensuring that each employee and volunteer has obtained a valid WWCC before commencing their role.

Record-Keeping and Reporting Misconduct

Employers are required to maintain accurate records of all employees’ and volunteers’ WWCCs, including their full name, date of birth, WWCC number, verification date, and expiry date. These records must be retained for seven years to meet regulatory standards. Furthermore, employers must promptly report any instances of misconduct or any changes in an individual’s status that may impact their ability to work with children to the OCG. This ensures continuous compliance with the WWCC program and the safety of children.

Exemptions from WWCC Requirements

Specific Exemptions

Several roles and situations are exempt from requiring a WWCC in NSW. These exemptions include:

• Individuals Under 18: Anyone under the age of 18 does not need to apply for a WWCC.
• Parents or Close Relatives Volunteering: Parents or close relatives volunteering at their child’s educational institution, team, program, or other activities are exempt from needing a WWCC.
• Clerical or Administrative Roles: Working in non-contact roles such as clerical, administrative, maintenance, or ancillary work that does not involve extended contact with children does not require a WWCC.
• Short-Term Engagements: Engaging in short-term work amounting to less than five working days per calendar year is exempt from the WWCC requirement.
• Interstate and One-Off Events: Individuals from interstate working at one-off events for up to 30 days a year, or those holding equivalent interstate checks or exemptions from their home state, are exempt.
• Health Practitioners from Interstate: Health practitioners from interstate working no more than five days in a three-month period do not need to obtain a WWCC.
• Home Carers and Private Health Practitioners: Home carers with a current police certificate allowing them to work in aged care where clients are not primarily children, and private practice health practitioners who do not usually treat children unless other adults are present, are exempt.
• Police Officers: Police officers are automatically exempt from requiring a WWCC.

Applying for Exemptions

Organisations can apply to have certain roles deemed child-related work or qualify for a WWCC exemption. To apply for an exemption, follow these steps:

1. Determine Eligibility: Assess whether the role or situation meets the criteria for exemption based on the outlined specific exemptions.
2. Complete the Application Form: Fill out the appropriate application form provided by the OCG to request an exemption.
3. Provide Supporting Documentation: Submit any required documentation that supports the exemption request, such as proof of short-term engagement, interstate status, or specific role descriptions.
4. Submit the Application: Send the completed application form along with the supporting documents to the OCG for review.
5. Await Decision: The OCG will review the application and determine whether the exemption can be granted based on the provided information.

By following these steps, organisations can ensure they correctly apply for exemptions, maintaining compliance with WWCC requirements while recognising applicable exemptions.

Ongoing Monitoring and WWCC Renewal

Continuous Monitoring

A WWCC clearance in NSW is valid for five years unless revoked. It is important to note that WWCC holders are subject to continuous monitoring throughout the five-year period. This monitoring involves regular updates to an individual’s criminal history and reportable misconduct records. If any new disqualifying information arises, such as a criminal conviction or evidence of misconduct, the WWCC can be revoked by the OCG.

Actions that can lead to the revocation of a WWCC include:

• Criminal Convictions: New convictions for offences listed in Schedule 1 or Schedule 2 of the Child Protection (Working with Children) Act 2012 (NSW).
• Reportable Misconduct: Any misconduct involving children reported by a workplace or other authority.
• Interim Bars: Engaging in child-related work while subject to an interim bar.

Employers and organisations must remain vigilant and report any relevant changes in an individual’s status to the OCG to maintain compliance and ensure the safety of children. Schedule a consultation with our expert attorneys to understand your obligations and remain compliant.

Re-evaluation Process

Re-evaluation of a WWCC is essential to maintain the validity of the clearance and continue working in child-related roles. The re-evaluation process involves several key steps that must be completed before the existing WWCC expires:

1. Application Submission: Applicants should start the renewal process by completing an online application through the OCG portal.
2. Provide Updated Information: It is important to update any personal details or changes since the last application, ensuring all information is accurate and current.
3. Submit Proof of Identity: Similar to the initial application, renewal requires the submission of four POI documents, including one commencement of identity document, one primary use in the community document, two secondary uses in the community documents, and at least one of the documents must contain your signature and photo. These documents must be current and original.
4. Pay Renewal Fee: A renewal fee of $105 is applicable for paid positions, while volunteers can renew their WWCC free of charge. If a volunteer becomes a paid worker, they must update their details and pay the fee to convert their check to a paid position.
5. Verification and Clearance: After submitting the renewal application, the OCG will conduct a National Police Check and review any new reportable workplace misconduct records. The outcome will determine whether the WWCC is renewed, revoked, or subject to further assessment.

Timely renewal ensures uninterrupted eligibility to work with children and helps maintain compliance with NSW regulations.

Conclusion

Compliance with the WWCC in NSW is paramount for ensuring the safety and wellbeing of children in various child-related roles. Understanding the legal requirements, application process, exemptions, and the severe penalties for non-compliance helps individuals and organisations maintain a secure environment for children.

Take proactive steps to ensure your organisation meets all WWCC requirements by applying for the necessary checks, keeping accurate records, and staying informed about renewal processes and ongoing monitoring. For assistance with your WWCC application or to ensure compliance, contact our knowledgeable team today. 

Frequently Asked Questions