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:

“Importantly, the bill will make changes to improve compliance with the Working With Children Check scheme by strengthening employer verification requirements. Section 9A of the Working with Children Act requires employers to verify, through an online process, that a worker has a clearance or current Working With Children Check application. This process enables employers to receive up-to-date information about the change in status of an employee's Working With Children Check clearance. It is essential to enabling employers to remove an individual from working with children if they are no longer cleared. Where an employer does not verify online, information about their employees' Working With Children Check status cannot be exchanged with them, thus undermining the effectiveness of the scheme. Employer verification rates require improvement to give effect to the protections afforded by the Working With Children Check.” 

He noted that the Bill additionally responded to a legislative gap:

“The bill also responds to a gap in the verification framework in relation to placement agencies and licensing authorities. Under section 9A of the Working with Children Act, employers are required to undertake verification in respect of workers who carry out child-related work for the employer. However, both licensing authorities and placement agencies do not have verification obligations under the Act. This is despite the fact that placement agencies place children in child-related work and are considered employers, and licensing authorities, although they are not considered to be employers, need to know the Working With Children Check status of individuals as part of certain licensing requirements. The bill will extend the verification requirements to both placement agencies and relevant licences issued by licensing authorities that will be prescribed by regulation.”

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

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.

Related Articles: