The Minns Labor Government has passed legislation to strengthen Working with Children Checks (WWCC) to better protect children from harm.
The legislation ensures only the Office of the Children's Guardian - the state's independent child safety regulator - will be responsible for reviewing WWCC decisions, removing external appeal pathways through the NSW Civil and Administrative Tribunal (NCAT).
This closes a loophole which previously allowed disqualified people to be granted a WWCC through the NCAT.
Under the previous arrangements, people with serious criminal histories - including offences involving children - could be granted 'enabling orders' against advice of the Office of the Children's Guardian. In some cases, this allowed disqualified individuals to return to child-related work.
Now, the Office of the Children's Guardian - the state's independent child safety regulator - will be exclusively responsible for making and reviewing WWCC decisions.
The NSW Government's laws establish a robust internal appeals process within the Office of the Children's Guardian to provide a more consistent and specialist approach to making and reviewing WWCC decisions, in accordance with community expectations.
The legislation also ensures all negative notices from interstate jurisdictions will automatically apply in NSW, including people subject to interim bars in other states and territories.
The NSW Government has also been leading the push for a national register of Working with Children Checks - so parents can be confident that anyone working with children has been properly cleared, no matter which state or territory they've previously worked in.
Additional reforms to further strengthen the system are also being considered, with the Office of the Children's Guardian soon to release a public discussion paper for community feedback.
Minister for Families and Communities Kate Washington said:
"NSW already has the strongest Working with Children Check system in the country and this week, we've made it stronger.
"Parents who are taking their kids to childcare or weekend sport need to have confidence that their kids are safe, and they deserve to know that the adults in these settings are cleared to work with children.
"The safety, welfare and wellbeing of kids is an absolute priority for the Minns Labor Government. We're leading national conversations, and we're closing loopholes to prevent perpetrators from sneaking through them."
