Working with Children Check
Changes since previous version
2023 Aug 30 updated implementation document, NCCHC Application and Informed Consent Form, updated to remove the inclusion of a Special Provisions Form.
Document history
2023 Aug 02 - updated implementation document, NCCHC Application and Informed Consent Form , to reflect changes to the National Identity Proofing Guidelines.
2022 Aug 18 - updated links in policy statement.
2022 Mar 29 - updated policy statement (4.1.3, 4.2.1 and 4.3.2) and Working with Children Check procedure (sections 2, 3, 4.8 and 5.1) to reflect current practice.
Declaration for child related workers document is a consolidation of 2 previous documents for ease of use (Child related work declaration NCCHC and Specified volunteers and child related contractors declaration).
Volunteers and non-child related contractors declaration has been updated to reflect current practice and renamed as Declaration for non-child related workers.
Declaration for contractors with workers in child related roles is newly listed on the Policy Library (existed previously on the intranet).
Implementation documents removed from Policy Library as the information is now contained in the intranet service catalogue - Specified volunteers and child related contractors declaration, Employee quick guide, Volunteer quick guide, Contractor quick guide, DOE maintenance and pre-qualified contractors quick guide and Allied health and NDIS contractors quick guide.
2021 Nov 02 - updated contact details in policy statement.
2021 Aug 30 - updated implementation document 12. NCCHC informed consent form to allow digital signatures.
2021 Apr - 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 form).
2021 Apr - 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).
2020 Dec - Updated contact details of Working with Children Check Procedure to reflect changes in organisational restructure.
2020 Jul - 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.
Superseded documents
2022 Mar 29 - 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 - removed from policy library. 08. Specified volunteers and child-related contractors consolidated with Declaration for child related workers.
2020 Feb - Implementation documents Appendix 1, 2, 3, 4, 5, 6, 7, and 11 removed. Appendix 8 renamed to NCCHC informed consent form.
2019 May - Appendix 9 and 10 removed as they only pertained to the Working With Children Check transitional period, which ended 31 March 2018.
- Policy statement
- In accordance with the Child Protection (Working with Children) Act 2012, the safety, welfare and wellbeing 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.
- The Working with Children Check is an important part of the NSW Department of Education's screening process to prevent people who pose a risk to the safety, welfare and wellbeing of children from being employed or engaged in child-related work.
- This policy outlines processes for conducting the:
- Working with Children Check (WWCC) for child-related work
- Not to be Employed (NTBE) check
- 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.
- 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.
- Audience and applicability
- 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.
- People who are employed or engaged (or who are seeking to be employed or engaged) in non-child-related work in the NSW Department of Education in any capacity may be subject to their own screening requirements.
- 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:
- Context
- 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. This Working with Children Check policy and the Working with children check procedure (PDF 250 KB) together outline the requirements employees must meet to commence and continue working in their roles within the department.
- In addition to the WWCC requirements, workers engaged in child-related work as a paid employee of the department or as a contractor in the Assisted School Travel Program must meet the department's National Criminal Records Check requirements to determine their suitability for employment or engagement. From 15 June 2013, 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 procedure (PDF 250 KB).
- The department must also conduct a Not to be Employed (NTBE) check for all workers against the department's confidential NTBE database to ensure all workers maintain exemplary levels of behaviours that reflect community expectations.
- Responsibilities and delegations
- The department:
- has a responsibility as an employer to take reasonable steps to ensure that all persons to be employed or engaged in child-related work are suitable for child-related work
- must verify the WWCC credentials of all workers, and monitor the expiry of their WWCC. Knowingly employing someone without a WWCC clearance, or with a pending WWCC application, is an offence that can incur a fine of up to $11,000 per non-compliant worker.
- must ensure that staff whose WWCC is suspended or expired are barred from continuing in their current child-related role with the department.
- Executive leaders, directors, principals and managers:
- are responsible for ensuring that screening processes within their area/s of responsibility are consistent with the Working with Children Check policy and procedures. This includes ensuring that all persons required to either obtain a WWCC clearance or provide a WWCC declaration have met the relevant requirement, prior to commencing employment or engagement. Failure to comply may result in disciplinary action and referral to Performance and Ethical Standards (PES)
- who undertake screening are responsible for records management, including securely storing relevant WWCC and National Criminal Records Check documents for 7 years after the employment or engagement has been completed. Records may need to be kept for longer if required, for example, if the recruitment or engagement action has been the subject of legal action. Records must be disposed in a secure manner. Refer to the Records Management intranet page for further information
- are responsible for maintaining records of the status of each position within their area/s of responsibility (whether a position is child-related) and for reviewing these periodically to ensure consistency with policy and procedural requirements.
- Employees:
- must maintain the correct level of WWCC clearance for the work they are undertaking. Failure to comply can incur a $11,000 fine and/or 2 years imprisonment. Engaging in work while subject to an 'interim bar' can attract the same penalty
- must ensure they action a renewal of their WWCC in a timely manner to continue in their role.
- The department:
- Monitoring and review
- The Executive Director, Human Resources Operations, or nominee, monitors the implementation of this policy, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.
- Contact
Human Resources Operations, Probity Unit
wwcc@det.nsw.edu.au
02 7814 3825