NSW Bill to Strengthen Provisions for Working with Children Passes Both Houses
Wednesday 18 April 2018 @ 2.00 p.m. | Legal Research
The Child Protection (Working with Children) Amendment (Statutory Review) Bill 2018 (NSW) (‘the Bill’) passed both houses of the NSW Parliament on 11 April 2018. The Bill aims to strengthen provisions related to working with children. The Bill is currently awaiting assent.
Main Amendments
The Bill will make amendments to the Child Protection (Working with Children) Act 2012 (NSW) in order to:
- Provide that a risk to the safety of children is a reference to a ‘real and appreciable risk’;
- Insert provisions related to the meaning of a person’s ‘criminal history’;
- Insert provisions related to the meaning of ‘child-related work’;
- Insert provisions stipulating that employers must verify and record clearance details for any worker before engaging them in employment;
- Insert provisions relating to disqualified and ineligible persons, assessment of applicants and holders, and adult persons residing at the same premises as authorised carers.
The Bill also makes the following amendments:
- Amendment of the Child Protection (Working with Children) Regulation 2013 (NSW) in order to make provisions related to working with children checks in the context of children’s health services;
- Amendment of the Children and Young Persons (Care and Protection) Regulation 2012 (NSW) in order to make provisions related suspension of authorisation and continuing residence approval.
In his second reading speech, Member of the Legislative Council and Parliamentary Secretary to the Premier in the Legislative Council Mr Scott Farlow stated on behalf of Minister for Early Childhood Education, Minister for Aboriginal Affairs, and Assistant Minister for Education Ms Sarah Mitchell:
He noted that the Bill additionally responded to a legislative gap:
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Sources:
Child Protection (Working with Children) Amendment (Statutory Review) Bill 2018 (NSW), and associated second reading speech and explanatory memorandum as published on TimeBase LawOne.