The Office of the Children's Guardian (OCG) is cracking down on employers in breach of Working with Children Check (WWCC) laws, with the launch of 'Operation Sentinel'.
The Minns Labor Government recently provided the OCG an additional $5.5 million over two years to increase its investigation and enforcement capability.
Operation Sentinel is a new multi-disciplinary compliance taskforce within the OCG to undertake increased enforcement action. In the first five days of Operation Sentinel, compliance officers have issued a record number of fines to organisations across NSW in breach of WWCC laws - which require people to be cleared before working with children.
The Operation has so far resulted in the OCG issuing 18 fines totalling $21,500, for non-compliance with WWCC laws.
These organisations were delivering services in children's employment in entertainment, training and tuition, and providers of overnight respite care services. Failure to verify a WWCC of a worker or volunteer in child-related work was, by far, the most common breach.
Employers and organisations that engage workers or volunteers in child-related work are required by law to:
- set up an employer profile on the OCG's WWCC system
- register each worker (or volunteer) and verify their WWCC status
- remove any unauthorised people from child-related work
- maintain up-to-date records of verified workers' checks.
Following a breach, the OCG provides information on required remedial action, and sets a clear timeline for correction. Continued failure to comply will result in further enforcement action.
Penalties for non-verification of a WWCC are up to $11,000 for corporations, and $5500 for all other employers. Working without a valid WWCC is a criminal offence and carry up to 2 years' imprisonment.
Minister for Families and Communities, Kate Washington, said:
"Keeping children safe remains a top priority for the Minns Labor Government, but child safety is everyone's responsibility - so organisations must verify their workers have been cleared to work with children before they start."
"It's good to see the OCG cracking down on non-compliance with WWCC obligations - because working with children is a privilege in NSW, not a right."
"NSW now has the strongest WWCC laws in the country, but we need everyone to take their responsibilities seriously - that's why we've boosted funding for the OCG so they can undertake enforcement activities like we've seen this week."
Children's Guardian, Rachael Ward, said:
"The Office of the Children's Guardian has been working with organisations to ensure that there is readily available and accessible information on WWCC obligations. There's no excuse for non-compliance with the law. Our message is clear: if you're in breach we will find you and it will cost you."
