A Working with Children Check must be obtained by anyone who works with children or volunteers in working with children, subject to some exemptions. The Check involves a person undergoing a police check to identify any offences or misconduct that would indicate the person is unsuitable to be working with children. The objective of the Working with Children Check is to protect the child from being exposed to persons who may pose a risk to their safety or wellbeing.
Applications for a Working with Children Check are made to the NSW Office of the Children's Guardian. Following a review of an applicant's record, the Office of the Children's Guardian will issue either a clearance certificate or a bar prohibiting the applicant from working with children. There are certain offences which will disqualify a person from being issued a clearance certificate, and others may prompt a risk assessment being undertaken, after which a clearance or bar may be issued.
If a bar is in place, it is an offence for the unsuccessful applicant to work with children for a period of five years. If the applicant was working with children immediately prior to receiving the outcome of their Working with Children Check, they will be required to cease such work forthwith.
If a person is barred from working with children, the decision of the Office of the Children's Guardian may be appealable to the NSW Civil and Administrative Tribunal.
If you have been barred from working with children and seek advice as to the appeals process to the Tribunal, we recommend that you contact our office and arrange an appointment to see one of our Children & Young Persons Law Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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