New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012

- As at 13 January 2023 
- Act 51 of 2012 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Safety, welfare and well-being of children to be paramount consideration
   5.      Definitions
   5A.     Meaning of "reside on a property"
   5B.     Meaning of "risk to the safety of children"
   5C.     Meaning of "criminal history"

   PART 2 - RESTRICTIONS ON CHILD-RELATED WORK

           Division 1 - Child-related work

   6.      Child-related work
   7.      Additional child-related work

           Division 2 - Mandatory requirements for child-related work

   8.      Restrictions on engaging in child-related work
   9.      Employers must require clearance or current application
   9A.     Employer must verify and record clearance details
   9AA.    Licensing authorities must verify and record clearance details
   9B.     Governing body to ensure persons appointed to key positions hold clearance

           Division 3 - Clearances for other persons

   10.     Adult persons residing with authorised carers or persons providing family day care services
   11.     Prospective adoptive parents and adults residing with them
   11A.    Prospective guardians and adults residing with them
   11B.    Responsible agency must verify person has clearance or current application
   11C.    Candidates for State Parliamentary elections
   11D.    Continuing residence approval

   PART 3 - WORKING WITH CHILDREN CHECK CLEARANCES

           Division 1 - Classes of clearances

   12.     Classes of clearances

           Division 2 - Applications for clearances

   13.     Applications for clearances
   13AA.   Withdrawal of applications for clearances
   13AB.   Termination of applications for clearances
   13A.    Embargo after refusal of application or cancellation of clearance

           Division 3 - Risk assessment of applicants and holders

   14.     Assessment requirements
   15.     Assessment of applicants and holders
   16.     Request for further information
   17.     Interim bars

           Division 4 - Determination of applications for clearances

   18.     Determination of applications for clearances
   19.     Notice of proposed refusal of application
   20.     Notice of final decision granting or refusing clearance
   21.     (Repealed)

           Division 5 - Duration and termination of clearances

   22.     Duration of clearances
   23.     Cancellation of clearances
   24.     Surrender of clearances or death of holder

           Division 6 - Working with children register

   25.     Working with children register

   PART 4 - REVIEWS AND APPEALS

   26.     Persons not entitled to apply for review or enabling order
   27.     Applications to Civil and Administrative Tribunal for administrative reviews of clearance decisions
   28.     Orders relating to disqualified and ineligible persons
   29.     Further review of persons who obtain enabling orders
   30.     Determination of applications and other matters

   PART 5 - PROVISION OF INFORMATION

   31.     Powers of Children's Guardian to require production of information
   32.     Incidental disclosure of information by DPP authorised
   33.     Notification of offences and other information
   33A.    Notification of animal cruelty offences
   34.     Notification of information relating to criminal history for interstate child-related work screening
   35.     Notification by reporting bodies of conduct constituting assessment requirement trigger
   36.     Enforcement notices
   36A.    Information-sharing
   36AA.   Obtaining and sharing information--NDIS Screening Agency
   36B.    Duty to keep information up to date
   36D.    National Reference System database

   PART 6 - FUNCTIONS OF CHILDREN'S GUARDIAN

   37.     Database functions of Children's Guardian
   38.     Children's Guardian's public awareness and advice functions
   39.     Children's Guardian's monitoring and auditing functions
   40.     Power to compel production of information for monitoring or auditing purposes
   40A.    Power to audit declarations made by exempt workers

   PART 7 - MISCELLANEOUS

   41.     Act to bind Crown
   42.     Effect of Act on other rights and procedures
   42A.    Expert advisory panel
   43.     Protection of persons relating to child-related work
   44.     Evidentiary certificate
   45.     Unauthorised disclosure or dishonest collection of information
   45A.    False or misleading statements
   46.     Obtaining information on disciplinary matters under Government Information (Public Access) Act 2009
   47.     Relationship with other Acts and laws
   48.     Information about old offences may be given
   48A.    Reports under Children and Young Persons (Care and Protection) Act 1998
   49.     Nature of proceedings for offences
   50.     Offences by corporations
   50A.    Penalty notices
   50B.    Authorised officers
   51.     Service of documents
   52.     Regulations
   53.     Review of Act
   54.     (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)