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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection (Working with Children)
Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012
No 51 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2022
New South Wales
Child Protection (Working with Children)
Amendment Bill 2022
Act No , 2022
An Act to amend the Child Protection (Working with Children) Act 2012 to make further
provision about checks and clearances for the purposes of working with children; and for related
purposes.
Child Protection (Working with Children) Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Child Protection (Working with Children) Amendment Act 2022.
2 Commencement
This Act commences on--
(a) for Schedule 1[9] and [10]--a day or days to be declared by proclamation, or
(b) otherwise--the date of assent to this Act.
Page 2
Child Protection (Working with Children) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51
Schedule 1 Amendment of Child Protection (Working with
Children) Act 2012 No 51
[1] Section 13(6)-(8)
Omit the subsections.
[2] Sections 13AA and 13AB
Insert after section 13--
13AA Withdrawal of applications for clearances
(1) An applicant may, with the consent of the Children's Guardian, withdraw an
application for a working with children check clearance at any time.
(2) The Children's Guardian must not consent to the withdrawal of an application
for a clearance if the Children's Guardian considers there is a likely risk to the
safety of children if the applicant engages in child-related work.
(3) The Children's Guardian must, as soon as practicable after an application for
a clearance is withdrawn by an applicant, give written notice of the withdrawal
to each person the Children's Guardian reasonably believes to be a notifiable
person in relation to the applicant.
13AB Termination of applications for clearances
(1) The Children's Guardian may terminate an application for a working with
children check clearance if--
(a) the applicant fails to provide, or incorrectly provides, the applicant's--
(i) full name, or
(ii) former name, or
(iii) known aliases, or
(b) the application is a duplicate application.
(2) The Children's Guardian must terminate an application for a working with
children check clearance if notified of the death of the applicant.
(3) The grounds for terminating an application for a clearance under this section
are in addition to other grounds on which the Children's Guardian may
terminate an application under this Act.
(4) The Children's Guardian must, as soon as practicable after terminating an
application, give written notice of the termination to--
(a) for an application terminated under subsection (1)--the applicant, and
(b) for an application terminated under subsection (1)(a) or (2)--each
person the Children's Guardian reasonably believes to be a notifiable
person in relation to the applicant.
(5) In this section--
duplicate application means an application made by an applicant for a class of
clearance for which the applicant has made a previous application not yet
determined.
[3] Section 13A Embargo after refusal of application or cancellation of clearance
Omit section 13A(1)(b). Insert instead--
(b) unless a further early application is permitted under this section.
Page 3
Child Protection (Working with Children) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51
[4] Section 13A(2)-(3)
Omit section 13A(2). Insert instead--
(2) A further early application is permitted if, after the date of the refusal or
cancellation--
(a) relevant proceedings pending at the date of the refusal or cancellation
are withdrawn or dealt with without the person being found guilty of the
offence, or
(b) a relevant finding of guilt is quashed or set aside, or
(c) a relevant finding the subject of an assessment requirement--
(i) is quashed or set aside, or
(ii) otherwise expressly or impliedly ceases to have effect.
(3) In this section--
relevant, in relation to proceedings or a finding, means relevant to the refusal
or cancellation.
[5] Section 15 Assessment of applicants and holders
Omit section 15(4A). Insert instead--
(4A) The Children's Guardian may determine an applicant or holder does not pose
a risk to the safety of children only if the Children's Guardian is satisfied--
(a) a reasonable person would allow the person's child to have direct
contact with the applicant or holder--
(i) while not directly supervised by another person, and
(ii) while the applicant or holder was engaged in child-related work,
and
(b) the making of the determination is in the public interest.
[6] Section 24, heading
Insert "or death of holder" after "clearances".
[7] Section 24(4)
Insert after section 24(3)--
(4) The Children's Guardian must terminate the working with children check
clearance of a holder if notified of the holder's death.
[8] Section 30 Determination of applications and other matters
Omit "28 or" from section 30(2).
[9] Section 36A
Omit the section. Insert instead--
36A Information-sharing
(1) The Children's Guardian may exchange working with children check
information with an interstate screening agency.
(2) If a person, acting in good faith, exchanges information in accordance with
this section, the person is not liable to civil or criminal action, or disciplinary
action, for exchanging the information.
Page 4
Child Protection (Working with Children) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51
(3) Nothing in this section limits an exchange of working with children check
information otherwise permitted under this Act or another Act or law.
(4) In this section--
interstate screening agency means a body authorised under a law of the
Commonwealth, another State or a Territory to conduct interstate child-related
work screening, within the meaning of section 36.
personal information has the same meaning as in the Privacy and Personal
Information Protection Act 1998.
working with children check information means--
(a) information relevant to determining whether to grant or cancel a
working with children check clearance, or its equivalent in another
jurisdiction, to a particular person, and
(b) personal information about the holder of a clearance, and
(c) information about whether a person has been cleared to engage in
child-related work, and
(d) information recorded on the NRS database, within the meaning of
section 36D.
[10] Sections 36C and 36D
Insert after section 36B--
36C Duty to disclose if convicted or found guilty of offence outside Australia
(1) A relevant person must notify the Children's Guardian of the commencement
of proceedings, a conviction or a finding of guilt against the relevant person of
a criminal offence outside Australia--
(a) when an application for a working with children check clearance is
made by the person, and
(b) within 10 business days after the person becomes aware of the
commencement, conviction or finding.
(2) Subsection (1) applies to a commencement of proceedings, conviction or
finding of guilt, regardless of whether the proceedings commence or the
conviction or finding of guilt occurs before or after the commencement of this
section.
(3) Nothing in this section requires a person to notify the Children's Guardian of
the same commencement of proceedings, conviction or finding of guilt more
than once.
(4) The notice must be given in the form approved by the Children's Guardian.
(5) A person who, without reasonable excuse, fails to comply with this section is
guilty of an offence.
Maximum penalty--5 penalty units.
(6) In this section--
prescribed criminal offence means an offence equivalent to an offence--
(a) specified in Schedule 1 or 2, or
(b) prescribed by the regulations.
relevant person means--
(a) an applicant for a working with children check clearance, and
(b) a person prescribed by the regulations.
Page 5
Child Protection (Working with Children) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51
36D National Reference System database
(1) The Children's Guardian must record on the NRS database the following
information in relation to a negative notice--
(a) the name and date of birth of the person issued with the negative notice,
(b) the type of negative notice,
(c) a change in the status of the negative notice.
(2) If the Children's Guardian records a change in the status of a negative notice
on the NRS database, the Children's Guardian must, as soon as reasonably
practicable after recording the change, notify each relevant interstate
screening agency of the change.
(3) In this section--
interstate screening agency--see section 36A.
negative notice means a notice issued, whether before or after the
commencement of this section, to a person in relation to the following--
(a) an interim bar, including interim bars that have ceased to have effect,
(b) a disqualification,
(c) the refusal of an application for a clearance,
(d) the cancellation of a clearance.
NRS database means the database known as the National Reference System
database.
relevant interstate screening agency means an interstate screening agency
that has accessed the record in relation to which the change is recorded on the
NRS database.
[11] Section 45 Unauthorised disclosure or dishonest collection of information
Omit "Secretary" from section 45(3). Insert instead "head".
[12] Schedule 1 Assessment requirement triggers
Insert ", including a jurisdiction outside Australia" after "elsewhere" in clause 1(3)(f).
[13] Schedule 1, clause 1(4)(c)
Insert "while the person was an adult" after "child".
[14] Schedule 1, clause 1(5)(b)
Omit "other than a law of New South Wales".
Insert instead "of another State or Territory, the Commonwealth or a jurisdiction outside
Australia".
[15] Schedule 1, clause 2B
Insert after clause 2A--
2B Notification in relation to negative notices in other jurisdictions
(1) The Children's Guardian is made aware that a person has been issued with a
negative notice.
(2) In this clause--
negative notice--see section 36D.
Page 6
Child Protection (Working with Children) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Child Protection (Working with Children) Act 2012 No 51
[16] Schedule 2 Disqualifying offences
Insert ", 72A" after "68" in clause 1(1)(i).
[17] Schedule 2, clause 1(1)(k)
Insert ", 78M" after "78L".
[18] Schedule 2, clause 1(1)(xa)
Insert after clause 1(1)(x)--
(xa) an offence under the Crimes Act 1900, section 547E,
Page 7
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