Some decisions made under the Child Protection (Working with Children) Act 2012 can be reviewed. This is called an internal review.
About the Internal Review process
Changes to the law in September 2025 mean you can no longer appeal a Working with Children Check (WWCC) decision at NCAT. Instead, the Office of the Children’s Guardian (OCG) Internal Review team can review certain WWCC decisions.
The reviewer can decide to:
-
confirm the original decision to refuse or cancel your WWCC clearance;
-
set aside the original decision to refuse or cancel your WWCC clearance and grant you a clearance; or
-
in the case of interim bars imposed for more than six months, the review may decide to confirm the interim bar, or set aside the decision to impose an interim bar. In either case, your application will return to the WWCC team who will finalise your risk assessment. If the reviewer decides to set aside the interim bar, you may work with children while the risk assessment is finalised.
Set aside means to disagree with and overturn a decision or act upon review.
If your WWCC has been automatically refused or cancelled due to Schedule 2 records, find out more information about Disqualification Reassessments.
You may request an internal review if we have:
-
refused or cancelled your WWCC application or clearance.
- imposed an interim bar that has been in place for more than six months.
We cannot review other decisions made under the WWC Act, such as the decision to terminate a WWCC application or decisions not to grant continuing residence approvals.
-
When we receive your application, we will review:
- the information from the risk assessment that led to the decision about your WWCC or interim bar; and
- any new information you provide.
We may also ask for more information from other government agencies or people, including seeking opinions from experts and suitably qualified persons.
The OCG will comply with principles of procedural fairness when conducting an internal review. This means we will:
-
give you a chance to provide any more information, arguments, or documents
-
make a decision based on evidence, without bias
-
give you clear and simple reasons for our decision in writing
-
communicate with you in a way that is easy to understand.
We will tell you the outcome of our internal review in writing. The internal review decision cannot be subject to another administrative review.The Internal Review team is separate from the WWCC team that conducted your initial assessment and made the original decision. The officer at the OCG that reviews your decision will be of equal or more senior office to the original decision maker. The review officer will check all the facts, the law, and our policies to assess whether the original decision was the correct and preferable decision.
We will complete internal reviews as quickly as we can. Delays can happen when we're waiting for information from outside organisations. Getting a timely decision also depends on how quickly you respond to our requests for information.
No, you are not allowed to work with children while we are reviewing the decision. The refusal, cancellation or interim bar remains in place throughout the review, unless you receive advice from us to the contrary.
How to apply for an Internal Review
To apply, you must fill out the application form (PDF, 164.36KB) available on the OCG website.
Please answer all the questions. If you do not provide the information we ask for, your application may be delayed.
An application fee of $214 is required when applying for an internal review. This fee must be paid by electronic funds transfer (EFT), and the payment details are included in the application form. Your application won’t be accepted until the payment has been received.
Applications can be sent by email or post:
Internal Review
Office of the Children's Guardian
Locked Bag 5100
Strawberry Hills, NSW, 2012
For refusal and cancellation decisions, you must apply within 28 days from the date of decision on your notice. We may accept late applications, but you must provide a valid reason for the delay.
For interim bars, you may only apply if the interim bar has been in place for more than six months.
Need more information?
You can read the full Internal Review Policy (PDF, 142.19KB) for more information about Internal Reviews.
If you are not satisfied with the outcome
The decision made following the Internal Review is final and there is no further review available.
If you are not satisfied with the outcome of your review or how your review was conducted, you may make a complaint to the Children’s Guardian by emailing ocg@ocg.nsw.gov.au.
You may also contact the NSW Ombudsman. You have a right to complain to the NSW Ombudsman if you have concerns about how we conducted the review. However, please be aware the NSW Ombudsman cannot review or overturn the decision made by the Children's Guardian. To contact the NSW Ombudsman, you can:
-
visit in person at Level 24, 580 George Street Sydney NSW 2000
-
call toll free 1800 451 524 (Australia wide) or (02) 9286 1000
