Having certain records will lead to a Working with Children Check application being refused. Applicants can apply to the NSW Civil and Administrative Tribunal to appeal a Working with Children Check bar.
Refusal outcomes
If there are concerns during the risk assessment process that there is a likely risk to the safety of children we will issue an Interim Bar until we have completed our risk assessment.
If you receive a notice saying that you have received an Interim Bar you must immediately stop working in child-related employment. The employer will also be notified that you have received an interim bar.
Interim Bars can be appealed at the NSW Civil and Administrative Tribunal after 6 months.
If a bar is being considered as the outcome of a risk assessment, you will be contacted by phone and by letter to inform you of the proposed decision.
You will also be invited to submit information that may affect the decision, and this information will be taken into account in deciding the final outcome.
If the Children’s Guardian decides not to grant you a clearance to work with children (that is, to impose a bar), you will receive a letter informing you of this final decision. The letter will also provide you with the reasons for the decision.
If you are already in child-related work (or planning to be in such employment), your employer (or proposed employer), will be notified that you have been barred and instructed to remove you from child-related work. However, no information regarding your Working with Children Check application or records will be shared without your consent.
Records listed in Schedule 2 of the Child Protection (Working with Children) Act 2012 result in an automatic bar against working with children. Equivalent records from other states and territories also lead to an automatic bar.
If the outcome of your application is an auto-bar, you will receive a letter informing you of this outcome. The letter will also provide you with the reasons for the decision.
Once a bar is in place, it is an offence to work with children in a child-related role and penalties apply if you continue to do so. If you are already working with children, you must immediately remove yourself from this work. It does not matter whether the work is paid or voluntary.
Any employer who has verified your application will be notified that you have been barred and instructed to remove you from child-related work. However, no information regarding your bar, such as why you have been barred, will be shared with your employer without your consent.
If you are subject to risk assessment and the Children’s Guardian is proposing to refuse or cancel your WWCC, you will be sent a Notice of Proposed Refusal (or Cancellation).
This notice will let you know why we are proposing to bar and give you a chance to submit information that may affect the decision, and this information will be taken into account in deciding the final outcome.
If the Children’s Guardian decides not to grant you a clearance or cancel your clearance to work with children (that is, to impose a bar), you will receive a letter
informing you of this final decision. The letter will also provide you with the reasons for the decision.
If you are already in child-related work (or planning to be in such employment), your employer (or proposed employer), will be notified that you have been barred and instructed to remove you from child-related work. However, no information regarding your Working with Children Check application or records will be shared without your consent.
Please note that a Bill has been introduced into Parliament, which, if passed, will amend the Child Protection (Working with Children) Act 2012 and review rights.
Appeal process
You can apply to the NSW Civil and Administrative Tribunal to appeal a Working with Children Check bar.
You can also appeal an auto-bar except when:
- There are ongoing proceedings relating to a disqualifying offence under Schedule 2 (you must wait until these proceedings have been concluded)
- You were convicted of a specified Schedule 2 offence and were sentenced to full-time imprisonment or remain subject to certain types of orders.
Interim bars can only be appealed after 6 months.
Applications for a review must be lodged with the NSW Civil and Administrative Tribunal within 28 days of receiving notification of a bar. You are encouraged to seek your own independent legal advice about the appeal process.
For more information on the appeal process, call the NSW Civil and Administrative Tribunal on 1300 006 228 or visit www.ncat.nsw.gov.au.
