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Statutory declaration

Statutory declaration process for exempt workers

A statutory declaration and associated consent and undertaking process is not a mandatory requirement. It can only be used for people who are exempt by the regulations from the requirements of the Child Protection (Working with Children) Act 2012 to hold a Working With Children Check clearance. 

There are two parts to the process.

1. Statutory declaration

This is a declaration by the exempt worker that they have no offences that would bar them from working with children under Sch 2 of the Child Protection (Working with Children) Act 2012. The second page is to be completed by any authorised witness under the Oaths Act 1900.

2. Consent and undertaking

This form is to be completed with the statutory declaration to authorise the Office of the Children's Guardian (OCG) to conduct a criminal history check as part of the audit functions. It also provides for the applicant to undertake to advise the employer, should they become barred or convicted of a relevant offence.  

These documents should be printed double sided and attached together. If your organisation is selected for audit, we will require both documents to have been completed.

The Children's Guardian or a person authorised by the Children's Guardian may audit the accuracy of the statutory declaration. A person may only be authorised to carry out such an audit if the Privacy Commissioner is satisfied and advises the Children's Guardian in writing that the person is able to adequately provide for  the security of any information obtained in the exercise of such functions.

Download documents

  1. Statutory declaration (PDF) 88.9KBDownload
  2. Consent and undertaking (PDF) 76.6KB)Download