What gets checked?
The Working With Children Check assesses an applicant's national criminal history. The records include:
- convictions (spent or unspent)
- charges (whether heard, unheard or dismissed)
- juvenile records.
Records listed in Schedule 2 of the Child Protection (Working With Children) Act 2012 lead to an automatic bar against working with children. Equivalent records from other states and territories also lead to an automatic bar. A full list of these records is in the FACT SHEET: Disqualifying offences (Schedule 2). (PDF 216.1KB)
FACT SHEET: Assessment requirement triggers (Schedule 1). (PDF 188.7KB)
Records include convictions for certain offences and charges for these same offences that have not yet been heard. Section 5 of the Child Protection (Working With Children) Act 2012 states that a conviction includes a finding that an offence is proven, or the person is guilty, even though the court does not record a conviction. Most persons subject to a bar can seek a review in the NSW Civil and Administrative Tribunal. More information about appeals and those who may apply, is available at bars and appeals. See also FACT SHEET: Bars and appeals. (PDF 179.3KB)
Findings of misconduct and notifications by the Ombudsman
Findings of misconduct by a reporting body and notifications made by the NSW Ombudsman are also considered. If a misconduct investigation finds that sexual misconduct or serious physical assault of a child has occurred, nominated reporting bodies must report this finding. The NSW Ombudsman will also report matters that indicate serious risk to children. For more information see the FACT SHEET: Information for reporting bodies. (PDF 141.7KB)
If the outcome of a Working With Children Check is a clearance, the cleared individual will be subject to ongoing monitoring for relevant new records for the five-year life of the clearance. Some records will trigger a risk assessment by the Office of the Children's Guardian, which may lead to the clearance being revoked.