Amendment of Working with Children Check (WWCC) laws to remove rights of external review and mutually recognise negative notices in other jurisdictions

Replacing external review of WWCC and NDISWC decisions with internal review

The Amendment Act removes pathways for external reviews of WWCC and NDISWC decisions through the NSW Civil and Administrative Tribunal (NCAT), replacing with a right of internal review to the Children’s Guardian. Disqualified persons under the WWC Act will have a right to apply to the Children’s Guardian for a disqualification reassessment instead of to NCAT for an enabling order.

Consistently with the current law, persons convicted of particular disqualifying offences with particular sentencing outcomes will be prevented from applying for a disqualification reassessment.

The Amendment Act also enables the Children’s Guardian to seek advice on internal review and disqualification reassessments applications from experts, such as mental health professionals and child protection experts.

These provisions have commenced.

Mutual recognition of negative notices

The Amendment Act implements a commitment reached at the Standing Council of Attorneys-General (SCAG) to mutually recognise negative WWCC decisions between states and territories. The amendments will mean that where a person who is prevented from working with children in another Australian jurisdiction is not allowed to hold a working with children check clearance in NSW.

These provisions will commence on 1 December 2025.

Prohibition notices under the National Law as risk assessment trigger

The Amendment Act provides that a person who has been given a prohibition notice under the Children (Education and Care Services) National Law (NSW) will be subject to a risk assessment requirement under the WWC Act.

These provisions have commenced.

Mandatory training before granting of clearances

The Amendment Act provides that if training is prescribed by the Child Protection (Working with Children) Regulation

2013 (the Regulation), the Children’s Guardian must not grant a clearance to a person unless satisfied the person has completed the training.

This provision has commenced, but because the Regulation does not prescribe any training, no training requirements are in effect.

Clearances before commencing work

The Amendment Act clarifies that an employer or regulator may require individuals to hold a WWCC clearance before commencing child-related work and that a professional or other peak body may require a person to hold a worker clearance as a condition of being identified with it.

These provisions have commenced.

Review

The Amendment Act also requires the Minister to review the amendments made by the Amendment Act as soon as practicable after 18 months from the commencement of the Amendment Act with a report to be tabled in Parliament within 30 months.

Child Protection (Working with Children) and Other Legislation Amendment Act 2025