New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 11B

11B Responsible agency must verify person has clearance or current application

(1) For the purposes of this section, the
"responsible agency" is-

(a) for any adult person who resides on the same property as an authorised carer who is authorised by a designated agency-the designated agency, or

(b) for any adult person who resides on the same property as a carer applicant whose application was made to a designated agency-the designated agency, or

(c) for any adult person who resides on a property where a family day care service is provided-the approved provider of the service, or

(d) for any adult person in respect of whom a relevant decision-maker (within the meaning of section 11 or 11A) is to be treated as an employer under either of those sections-the relevant decision-maker.

(2) A responsible agency must verify, in accordance with this section, that each adult person for whom the agency is the responsible agency-

(a) is the holder of a working with children check clearance, or

(b) has made a current application to the Children’s Guardian for a clearance.

(3) For the purposes of any such verification, the responsible agency must ensure that-

(a) the
"relevant details" of the person are obtained by the agency, being-

(i) the person’s full name and date of birth, and

(ii) the working with children number of the person’s clearance or the application number of the person’s current application, and

(b) the agency has access to the working with children register, and

Note : Responsible agencies can gain access to the register by registering online with the Children’s Guardian.

(c) such of the relevant details of the person as may be required by the Children’s Guardian are entered onto the working with children register, and

(d) a record is kept of any of the following obtained from the working with children register and that record is retained by the agency for 7 years-

(i) the working with children number of the person,

(ii) the expiry date of any clearance of the person.

(4) Verification in respect of an adult person under this section must occur as soon as practicable after the responsible agency becomes aware that it is the responsible agency for the person and then again within 5 working days after each clearance of the person ceases to have effect under section 22(1).

(5) This section does not apply-

(a) in respect of a person who is exempted by the regulations from the requirement to hold a clearance, or

(b) in respect of a responsible agency that is exempted by the regulations from this section.

(6) In relation to the residency of an adult person on the same property as an authorised carer, a requirement to verify that the person is the holder of a working with children check clearance is satisfied if the responsible agency verifies that the adult person is the holder of a continuing residence approval.

(7) For the purposes of subsection (6)-

(a) a reference to the working with children number of the person includes a reference to the particulars of the continuing residence approval, and

(b) a reference to the expiry date of a clearance, or the date on which it ceases to have effect, includes a reference to the date on which a continuing residence approval ceases to have effect.