Who needs a Check

Last update: 16 March 2022

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. 

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    Remember

    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

    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.

    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.

    Apply to have work deemed child-related

     

    Check exemptions

    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.

    Exemptions include:

    • 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: 
    1. providing personal care for a child with disability
    2. participating in a formal mentoring program
    3. at an overnight camp for kids. 

    Role examples

    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 requiredNo 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.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.
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