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 5 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
- 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 you have workers whose roles require them to have access to confidential records or information about children, but they aren't considered child-related work, then you can apply for those roles to be deemed child-related work.
To apply, write to the Children's Guardian using the application form below and state your case, being clear on why you deem the role to be child-related.
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 3 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 children.
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 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 are not the head of a child safe organisation or member of a governing body of a designated agency and 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 and you are not supervised by other adults. 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 |
| You volunteer to work with children who are not close relatives. | You are a co-worker or supervisor of a worker who is under 18. |
| You are working or volunteering at an overnight camp for children. | 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 provide babysitting through an agency. | You are a private practice health practitioner who treats children with another adult present. |
| You are joining a formal mentoring program. | You babysit by private arrangement, or do informal domestic work at a home where there are children. |
| You chaperone or supervise children working in the entertainment industry. | You are visiting from interstate and working with children for fewer than 30 days. |
| You are the head of a child safe organisation. | A tradesperson who may incidentally come into contact with children but is not working with the children. |
| You are a member of a governing body of a designated agency, adoption service provider or an entity providing specialised substitute residential care. | |
| You provide cleaning services to a school. | |
| You provide counselling, mentoring or distance education using any form of communication such as online or phone. |
