Working with Children Check Policy

The Working with Children Check - WWCC - is a screening mechanism to prevent certain persons from engaging in child-related work.

Changes since previous version

2021 April - Policy maintenance, which may include but not limited to, updated contact details, business unit or position titles, typographical, text and style changes and repairing hyperlinks (A further update to the NCCHC consent form).

Superseded Documents

Implementation documents: Appendix 1, 2, 3, 4, 5, 6, 7, and 11 removed February 2020.
Appendix 8 renamed to NCCHC informed consent form February 2020
Appendix 9 and 10 removed May 2019 as they only pertained to the Working With Children Check transitional period which ended 31 March 2018.

Document History

2021 April - Policy maintenance, which may include but not limited to, updated contact details, business unit or position titles, typographical, text and style changes and repairing hyperlinks (Updated NCCHC consent).

2021 April - Policy maintenance, which may include but not limited to, updated contact details, business unit or position titles, typographical, text and style changes and repairing hyperlinks (Updated implementation document 10. practicum students declaration to an online URL).

December 2020 - Updated contact details of Working with Children Check Procedure to reflect changes in organisational restructure.

July 2020 - updates to implementation documents; 03. Volunteers quick guide; 07. Child-related work declaration NCCHC; 08. Specified volunteers and child-related contractors declaration; 09. Volunteers and non-child-related contractors declaration; 12. NCCHC informed consent form.

Updated Working with Children Check Procedure.

Publication of six new guides and four new declarations to support staff meet the department's WWCC requirements - February 2020

Appendix 8 renamed to reflect new titling conventions as NCCHC informed consent form.

Working with Children Check procedures updated - 2 March 2020

The following new documents published to support Working with Children Check processes across the department - 2 March 2020.

01. Working with Children Check procedures

02. Employees quick guide

03. Volunteers quick guide

04. Contractors quick guide

05. DoE maintenance and pre-qualified contractors quick guide

06. Health and NDIS contractors quick guide

07. Child-related work declaration

08. Specified volunteers and child-related contractors declaration

09. Volunteers and non-child-related contractors declaration

10. Practicum students declaration

11. Identity documents guide

Appendix 8 renamed: NCCHC informed consent form - February 2020

Appendix 6 updated - November 2019 (since removed)

Appendix 8 updated - November 2019 (since renamed)

Appendix 1 updated - October 2019 (since removed)

Minor text changes made to implementation documents Appendix 1, Appendix 5 and Appendix 7 - August 2019. (all since removed)

Updated Appendix 1, Appendix 7 and contact details - July 2019 (since removed)

TAFE NSW is no longer a part of the NSW Department of Education however this policy and the accompanying implementation documents apply to both the department and TAFE NSW.

Minor text changes made to implementation documents Appendix 1, Appendix 5 and Appendix 7 - August 2019.

Updated Appendix 1, Appendix 7 and contact details - July 2019.

Implementation documents Appendix 9 and 10 removed May 2019 as they pertained to the Working With Children Check transitional period which ended 31 March 2018.

TAFE NSW is no longer a part of the NSW Department of Education however this policy and the accompanying implementation documents apply to both the department and TAFE NSW.

1. Policy statement

1.1 In accordance with the Child Protection (Working with Children) Act 2012, the safety, welfare and well-being of children and, in particular protecting them from child abuse, is the paramount consideration in the operation of this policy and the Working with Children Check Procedures.

1.2 The Working with Children Check is an important part of the NSW Department of Education's recruitment process to prevent people who pose a risk to the safety, welfare and well-being of children from being employed or engaged in child-related work.

2. Audience and applicability

2.1 This policy took effect on 15 June 2013 following the implementation of the Child Protection (Working with Children) Act 2012 and the Child Protection (Working with Children) Regulation 2013.

This policy must be applied in conjunction with the Working with Children Check procedures.

2.2 This policy outlines processes for conducting the:

  • Working with Children Check (WWCC) for child related-work; and
  • National Criminal Records Check requirements for all paid employees of the department and contractors in the Assisted School Travel Program to determine a person’s suitability for employment or engagement.

**Note: Employment or engagement may also be subject to other checks as prescribed in relevant legislation, industrial instruments or policy. This includes but is not limited to the conduct and service check; health assessment requirements; and verification of professional and/or academic qualifications.

2.3 This policy applies to people who are employed or engaged (or who are seeking to be employed or engaged) in child-related work in the NSW Department of Education, in any one of the following capacities:

  • as a paid employee;
  • as a self-employed person or as a contractor or subcontractor;
  • as a volunteer;
  • as a person undertaking practical training as part of an educational or vocational course (other than as a student undertaking work experience);
  • as a minister, priest, rabbi, mufti or other religious leader or spiritual officer of a religion or other member of a religious organisation.

3. Context

3.1 From 15 June 2013, people who are seeking to be employed or engaged in child-related work in the department are subject to relevant requirements under the Child Protection (Working with Children) Act 2012 and the Child Protection (Working with Children) Regulation 2013. For further details, including the transitional provisions for existing workers (i.e. those employed or engaged in child-related work immediately prior to 15 June 2013), refer to the Working with Children Check Procedures.

3.2 In addition to the WWCC requirements, workers who are engaged in child-related work as a paid employee of the department or as a contractor in the Assisted School Travel Program are required to meet the department’s National Criminal Records Check requirements to determine their suitability for employment or engagement. From 15 June 2013, a new process was put in place for conducting the National Criminal Records Check. Subject to conditions, a person may meet National Criminal Records Check requirements through a declaration process. For further details, refer to the Working with Children Check Procedures .

4. Responsibilities and delegations

4.1 As an employer, the department has a responsibility to take reasonable steps to ensure that all persons to be employed or engaged in child-related work in the department are suitable for child-related work.

4.2 Human resources areas, directors, managers and principals are responsible for ensuring that recruitment processes within their area/s of responsibility are consistent with the Working with Children Check Policy and the Working with Children Check Procedures. This includes ensuring that all persons who are required to either obtain a Working with Children Check Clearance or provide a Working with Children Check Declaration (as referred to in section 3.2 of the Working with Children Check Procedures) have met the relevant requirement, prior to commencing employment or engagement.

4.3 Human resources areas (and other recruiting areas as applicable) are responsible for records management, including keeping relevant Working with Children Check and National Criminal Records Check documents for five years after the employment or engagement has been completed, or longer if required (for example, if the recruitment or engagement action has been the subject of legal action); and for disposing these documents thereafter in a secure manner (for example, shredding).

5. Monitoring and review

5.1 The Executive Director, Human Resources, or nominee, is responsible for the periodic review and revision, as appropriate, of the Working with Children Check Policy and the Working with Children Check Procedures.

5.2 Human resources areas, directors, managers and principals are responsible for maintaining records of the status of each position within their area/s of responsibility (i.e. whether a position is child-related) and for reviewing these periodically to ensure consistency with policy and procedural requirements.

6. Policy Contact Officer

Enquiries in relation to the Working with Children Check Policy and the Working with Children Check Procedures should initially be referred to, Human Resources, Probity Unit on (02) 7814 3825 or email probityunit@det.nsw.edu.au.

Further enquiries may be referred to the Director, Recruitment & Employment (02) 7814 1794.

Return to top of page Back to top