Decide if you, your workers or volunteers need a Check. Employers and organisations need to decide who engages in child-related work and requires a Working with Children Check, or if any roles fall under an exemption.
The Check lasts for five years even if someone moves jobs – a new employee or volunteer who already has a Check does not need a new Check.
The Working with Children Check is required for people in NSW who work with children. It is different from the Police Check.
Child-related work (including voluntary work) is:
- providing services for children and young people under 18
- where the work normally involves being face to face with children
- where contact with children is more than incidental to the work.
The legislation lists sectors and services that are child-related work.
Other roles that require a Check
The following roles also require a Working with Children Check:
- An adult who resides or stays regularly (several nights a week) on the property of an authorised carer (foster carer or other authorised carer of children in statutory or supported out-of-home-care)
- a home-based education and care service provider
- a family daycare service provider (where care is provided at home)
- potential adoptive parents
- heads of organisations captured by the Child Safe Scheme.
The head of a child safe organisation is defined in the Children’s Guardian Act 2019 and generally means the most senior person in your organisation, such as a chief executive officer.
If a role or sector of your organisation is not covered here, but you believe it to be child-related work, you can apply for a role to be considered by the Children’s Guardian.
To apply, write to the Children’s Guardian using the Application to have work deemed child-related form and state your case being clear on why you deem the role or service to be child-related work.
This situation can arise if a worker is dealing with confidential records for a child, for example, a researcher or administration person.
People who do not work or deliver services to children in NSW do not need a NSW Working with Children Check. If someone occasionally enters NSW to deliver services to children, it is the organisation’s responsibility to decide if a NSW Working with Children Check is required, or if an exemption applies.
The Regulations include exemptions to requiring a Working with Children Check. Employers should check the legislation for any exemptions that apply to their situation.
- Under 18s
- Workers visiting NSW for a short time
- Parents and close relatives volunteering at their children’s usual school and extra-curricular activities. There are three specific instances when close relatives do need a Check when they are volunteering at school or activities:
- providing personal care for a child with disability
- participating in a formal mentoring program
- at an overnight camp for kids.
Situations that do and don't require a Working with Children Check. This list is not exhaustive and should only be used as a general guide.
|WWCC required||No WWCC required|
|You work with children. This includes music teachers, extracurricular coaches, instructors, dance teachers, tutors, nannies, faith leaders and children's entertainers.||You work in an organisation that delivers services for children but you do not have more than incidental contact with the children.|
|You work with or help children with disability.|
Note: If you work with children with disability, you may also need an NDIS Worker Check
|You are a student, over 18, on a clinical placement in a hospital or other health service.|
|Your work would not usually require you to hold a Check, but it involves accessing confidential records or information about children. (Note that your employer can only require you to hold a Check if it has the approval of the Children's Guardian to do so)||Your work occasionally includes helping out with children as an incidental part of your role, but your work with children is very short term - a visitor to a school as a guest speaker.|
|You provide transport for children (including to their work in the entertainment industry).||You are under 18, or a co-worker or supervisor of a worker who is under 18.|
|You volunteer to work with children who are not close relatives.||You work as a referee, umpire or linesperson or other sporting official where the work does not involve contact with children for extended periods without other adults being present.|
|You are working or volunteering at an overnight camp for children.||You are a private practice health practitioner who treats children with another adult present.|
|You provide babysitting through an agency.||You babysit by private arrangement, or do informal domestic work at a home where there are children.|
|You are joining a formal mentoring program.||You are visiting from interstate and working with children for fewer than 30 days|
|You dress or make-up children working in modelling or entertainment.||A tradesperson who may incidentally come into contact with children but is not working with the children.|
|You chaperone or supervise children working in the entertainment industry.|