The Office of the Children’s Guardian monitors and audits how organisations are meeting their Working with Children Check (WWCC) obligations.
Compliance processes
Employers and sole traders in child-related work have legal obligations around the Working with Children Check.
The WWCC in NSW is an online system and organisations and sole traders are required to make the link between their workers and volunteers, themselves and the Office of the Children’s Guardian by verifying their workers and volunteers, and by keeping a record that they have done so.
More information on what employers need to do to be compliant
Compliance activities we conduct include:
- contacting organisations to establish whether they are providing services to children
- requesting and analysing WWCC records
- audit visits. The main purpose of our audit visits is to help employers and workers understand and comply with their legal responsibilities
- investigations into non-compliance with the legislation.
While offences and fines exist for non-compliance, we aim to help organisations to reach compliance.
More information in our Compliance and Enforcement policy (PDF) (PDF, 318.05KB) Note: this policy is under review in 2026.
Audits
Compliance Officers may visit an organisation to help employers and workers understand and comply with their WWCC responsibilities.
Organisations may be selected if we have chosen to work with a particular sector or industry or it may be chosen at random.
Yes. As an employer in child-related work, you have responsibilities under the law.
Refusing to participate in the audit may lead to the organisation receiving a fine for non-compliance with the Act.
Under Section 39 of the Act, the Office of the Children’s Guardian has powers to monitor and audit compliance with the Act and Regulation.
Financial penalties can apply if we find breaches, however part of our audit process is to help organisations learn about what they need to do to meet the requirements of the WWCC in future. Your cooperation during the audit, and the type of breach will be considered before action is taken, and penalties may be reduced, or a warning provided.
The Compliance and Enforcement policy provides guidance on how and when penalty infringement notices may be a relevant course of action. Note: this policy is under review in 2026.
