Having certain records will lead to a Working with Children Check (WWCC) application being refused. Applicants can apply to have the outcome of their Working with Children Check outcome reviewed or reassessed.
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.
Seeking a review or reassessment of a Working with Children Check outcome
Changes to the law in September 2025 mean you can no longer ask for a review of a decision at NCAT.
Instead, the OCG Internal Review team can review or reassess certain WWCC decisions and outcomes.
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.
Applications for an internal review or disqualification reassessment of decisions to refuse or cancel your WWCC clearance must be lodged with the Office of the Children’s Guardian within 28 days of the date of decision on your notice. An application for internal review of an Interim bar can only be made after 6 months.
Questions about the Internal Review or Disqualification Reassessment process, including whether you are eligible to apply, can be sent to our Internal Review team via review@ocg.nsw.gov.au.
You may also be able to obtain free legal help from Law Access (1300 888 529) or Aboriginal Legal Services (1800 733 233).
Internal review of decisions made during or after risk assessment
You can apply for an internal review if:
- you are subject to an interim bar which has been in place for more than 6 months; or
- you have had your WWCC refused or cancelled after a risk assessment.
Find out more about applying for an Internal Review.
Reassessment of automatic disqualifications due to Schedule 2 records
If your WWCC application was automatically refused or cancelled because you have a been convicted of offences specified in Schedule 2 of the Child Protection (Working with Children) Act 2012 (disqualifying offences), you may have the right to request a disqualification reassessment except when:
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there are ongoing proceedings relating to a disqualifying offence under Schedule 2 (you must wait until these proceedings have been concluded)
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you were convicted of a specified Schedule 2 offence and were sentenced to full-time imprisonment or remain subject to certain types of orders.
Find out more about applying for a Disqualification Reassessment.
