The Minns Labor Government will next week introduce legislation into Parliament to strengthen Working with Children Checks (WWCC) to better protect children from harm.
The reforms will ensure that only the independent child safety regulator - the Office of the Children's Guardian - will be responsible for reviewing WWCC decisions, removing external appeal pathways through the NSW Civil and Administrative Tribunal (NCAT).
Currently, even people with serious convictions - including for sexual assault - can appeal a WWCC refusal to NCAT.
In some cases, this has resulted in the granting of 'enabling orders' that allow individuals previously deemed ineligible or disqualified to work with children.
Under these new laws, the Office of the Children's Guardian will become the sole decision-maker and reviewer of WWCC applications, ensuring that child safety remains in the hands of the specialist regulator best equipped to assess risk.
These changes will also move NDIS Worker Checks appeals to the OCG, who issue NDIS Worker Checks and have expertise in safety for people with disability.
To strengthen protections nationally, the NSW Government will also lead calls at National Cabinet for a searchable national register of WWCC holders, so parents can be confident that individuals working with children have been properly cleared - no matter which state or territory they've previously worked in.
NSW will work with the Commonwealth and other jurisdictions to integrate WWCC systems and close information gaps that offenders may exploit by moving interstate.
This legislation builds on the Minns Labor Government's broader reform agenda to improve child safety in early education and care, including:
- Higher fines for service breaches;
- A new, standalone regulator with stronger enforcement powers;
- Greater transparency for families on the safety record of providers;
- A CCTV trial to improve oversight of underperforming services.
Premier Chris Minns said:
"Keeping children safe - whether they're in a classroom, an early learning centre or the care of adults in any setting must be a national priority.
"These reforms send a clear message that the safety of children comes first."
Acting Minister for Education and Early Learning Courtney Houssos said:
"NSW is pressing ahead with reforms we announced in June. Our Government is prepared to lead the way when it comes to reforming the sector.
"The Liberals and Nationals took a back seat on regulation, allowing for-profit providers to grow to two-thirds of the sector without proper oversight.
"Reforming early childhood education and care regulation across the country is a matter of urgency and I will be meeting with Education Ministers in the coming weeks to push for progress on these reforms."
Minister for Families and Communities, and Disability Inclusion, Kate Washington said:
"We're strengthening the system so it works as intended - to keep children safe.
"Our message to convicted sex offenders is clear. Don't bother applying for a Working with Children Check, because you won't be getting one."
