News

The Minns Labor Government will introduce legislation into Parliament next week to strengthen Working with Children Checks (WWCC) in order to better protect children from harm.

The reforms will ensure that only the independent child safety regulator, which is the Office of the Children’s Guardian (OCG), will be responsible for reviewing WWCC decisions. This will remove external appeal pathways through the NSW Civil and Administrative Tribunal (NCAT).

Currently, even people with serious convictions, including for sexual assault, can appeal a WWCC refusal to NCAT. In some cases, this has resulted in the granting of ‘enabling orders’ that allow individuals previously deemed ineligible or disqualified to work with children.

Under these new laws, the Office of the Children’s Guardian will become the sole decision-maker and reviewer of WWCC applications. This will ensure that child safety remains in the hands of the specialist regulator best equipped to assess risk.

These changes will also move NDIS Worker Checks appeals to the OCG, which issues NDIS Worker Checks and has expertise in safety for people with disability.

To strengthen protections nationally, the NSW Government will also lead calls at National Cabinet for a searchable national register of WWCC holders. This will allow organisations to be confident that individuals working with children have been properly cleared, no matter which state or territory they have previously worked in. NSW will work with the Commonwealth and other jurisdictions to integrate WWCC systems and close information gaps that offenders may exploit by moving interstate.

Premier Chris Minns said the government is strengthening the system so it works as intended, “These reforms send a clear message that the safety of children comes first.”