Child Protection (Working with Children) Act 2012 No 51

An Act with respect to checks and clearances for the purposes of working with children; and for other purposes.

This Act is the Child Protection (Working with Children) Act 2012 .

This Act commences on a day or days to be appointed by proclamation.

The object of this Act is to protect children—

(b) by requiring persons engaged in child-related work to have working with children check clearances.

For other legislation relating to the safety, welfare and well-being of children, and the related functions of the Children’s Guardian, see the Children’s Guardian Act 2019 . In particular, see section 128 and Part 6 of that Act.

The safety, welfare and well-being of children and, in particular, protecting them from child abuse, is the paramount consideration in the operation of this Act.

(1) In this Act—

application number means the unique number given to an applicant for a working with children check clearance under this Act.

authorised officer means a person appointed as an authorised officer by the Children’s Guardian under section 50B of this Act.

Children’s Guardian means the Children’s Guardian appointed under section 115 of the Children’s Guardian Act 2019 .

continuing residence approval means an approval granted by the Children’s Guardian under section 11D that is in force.

conviction includes a finding that the charge for an offence is proven, or that a person is guilty of an offence, even though the court does not proceed to a conviction.

current application for a working with children check clearance means an application that has not been finally determined or withdrawn or terminated.

education and care service means an education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or a State regulated education and care service within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011 .

(a) a person who, in the course of business, arranges for the placement of a person in employment with others, or

(b) a person who engages a person under a contract to perform work, or

(c) a person who engages a worker to perform work as a volunteer for the person under an agreement (whether written or unwritten).

family day care service has the same meaning as it has in the Children (Education and Care Services) National Law (NSW) .

(a) the chief executive of the organisation,

(b) the principal officer—if the organisation is a designated agency, a registered agency or an accredited adoption service provider,

(c) any other position in the organisation that is of a kind prescribed by the regulations.

notifiable person in relation to an applicant for a clearance or the holder of a clearance means each of the following—

(a) any employer or proposed employer of the applicant or holder in respect of child-related work,

(b) if the applicant or holder resides on the same property as an authorised carer or carer applicant—the designated agency that authorised the carer or to whom the carer applicant made the application,

(c) if the applicant or holder resides on a property where a family day care service is provided—the approved provider of the service,

(d) if the applicant or holder is a prospective adoptive parent or an adult resident within the meaning of section 11—the relevant decision-maker (within the meaning of that section) in relation to the prospective adoptive parent,

(e) if the applicant or holder is a prospective guardian or an adult resident within the meaning of section 11A—the relevant decision-maker (within the meaning of that section) in relation to the prospective guardian,

(f) any other person prescribed by the regulations.

(a) an accredited adoption service provider—has the same meaning as in the Children’s Guardian Act 2019 , or

(b) a designated agency or a registered agency—has the same meaning as in the Children’s Guardian Act 2019 .

prospective adoptive parent means a person who has submitted an application under the Adoption Act 2000 to adopt a child and whose application has not been withdrawn or finally dealt with by the making of or refusal to make an adoption order.

prospective guardian has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .

(a) as an employee,

(b) as a self-employed person or as a contractor or subcontractor,

(c) as a volunteer,

(d) as a person undertaking practical training as part of an educational or vocational course (other than as a school student undertaking work experience),

(e) as a minister, priest, rabbi, mufti or other like religious leader or spiritual officer of a religion or other member of a religious organisation.

working with children check clearance or clearance means an authorisation that is in force under this Act to engage in child-related work.

working with children number means the number given for a working with children check clearance under this Act.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.

s 5: Am 2013 No 31, Sch 1 [2] [3]; 2013 No 95, Sch 2.23 [1]; 2015 No 29, Sch 2 [1]; 2016 No 56, Sch 1 [1]; 2018 No 14, Sch 1 [1]; 2018 No 46, Sch 2.1[1] [2]; 2019 No 25, Sch 5.6[2].

(1) Subject to subsection (2), a person resides on a property if the person resides (which includes sleep on a regular or frequent basis) anywhere on the property (whether or not in a building, caravan, structure, vehicle or other thing).

(2) The regulations may prescribe circumstances in which a person is, or is not, taken to reside on a property (including by prescribing circumstances in which 2 persons are, or are not, taken to be residing on the same property).

A reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children.

(1) A person’s criminal history includes—

(a) convictions (including convictions that have been spent, quashed or set aside or for which a pardon has been granted), despite anything to the contrary in the Criminal Records Act 1991 , and

(b) criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, and

(c) convictions or findings to which section 579 of the Crimes Act 1900 applies (despite the provisions of that section).

(2) In this section—

(1) A worker is engaged in child-related work for the purposes of this Act if—

(a) the worker is engaged in work referred to in subsection (2) that involves direct contact by the worker with a child or children and that contact is a usual part of and more than incidental to the work, or

(b) the worker is engaged in work in a child-related role referred to in subsection (3).

(2) The work referred to is work for, or in connection with, any of the following that is declared by the regulations to be child-related work—

the provision of health care in wards of hospitals where children are treated and the direct provision of other child health services,

clubs, associations, movements, societies or other bodies (including bodies of a cultural, recreational or sporting nature) providing programs or services for children,

schools or other educational institutions (other than universities) and private coaching or tuition of children,

sporting, cultural or other entertainment venues used primarily by children and entertainment services for children,

detention centres (within the meaning of the Children (Detention Centres) Act 1987 ) and juvenile correctional centres (within the meaning of the Crimes (Administration of Sentences) Act 1999 ),

refuges used by children, long term home stays for children, boarding houses or other residential services for children and overnight camps for children,

transport services especially for children, including school bus services and taxi services for children with a disability and supervision of school road crossings,

(3) The following roles are referred to—

(b) a nominated supervisor (within the meaning of the Children (Education and Care Services) National Law (NSW) of an education and care service,

(c) an authorised carer,

(e) the principal officer of a designated agency,

(f) the principal officer of an accredited adoption service provider,

(g) any other role with respect to children prescribed by the regulations.

(3A) The regulations may provide for circumstances in which direct contact by a worker with a child or children is taken to be a usual part of and more than incidental to a worker’s work.

(4) In this section—

(b) face to face contact.

(1) A worker is taken to be engaged in child-related work if the worker is engaged, or proposes to engage, in work (other than as a volunteer) that is the subject of a requirement under this section.

(2) The employer or proposed employer of a worker engaged in work for which a working with children check clearance is not required that involves access to confidential records or information about children may, by notice in writing to the worker, require the worker to obtain a clearance for the purposes of engaging in the work concerned.

(3) The employer, or proposed employer, may at any time, by notice in writing given to the worker, revoke a requirement made under this section.

(4) An employer may make or revoke a requirement under this section only with the approval of the Children’s Guardian.

(1) A worker must not engage in child-related work unless—

(b) there is a current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work.

(2) A worker must not engage in child-related work at any time that the worker is subject to an interim bar.

(3) It is a defence to proceedings for an offence against this section if the accused person establishes that—

(a) the accused person did not know, at the time the offence was committed, that the work concerned was child-related work, or

(b) the accused person was exempted by the regulations from the requirement to hold a clearance, or

(c) the offence was consequential on the relevant accused person being subject to an interim bar, having an application for a clearance refused or terminated or having a clearance cancelled and, at the time that the offence was committed, the accused person did not know about the interim bar, refusal, termination or cancellation.

Division 3 also requires adult persons residing with authorised carers or approved providers of education and care services and potential adoptive parents to hold clearances or to have a current application for a clearance.

(1) An employer must not commence employing, or continue to employ, a worker in child-related work if the employer knows or has reasonable cause to believe that—

(a) the worker is not the holder of a working with children check clearance that authorises that work and that there is no current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work, or

(b) the worker is subject to an interim bar.

Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.

(2) It is a defence to proceedings for an offence against this section if the accused person establishes that, at the time the offence was committed—

(a) the accused person had been advised by the Children’s Guardian that the worker was the holder of a clearance or that there was a current application by the worker for a clearance, or

(b) the worker was exempted by the regulations from the requirement to hold a clearance.

(3) This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a placement agency ) if—

(b) the placement agency is a person or a person of a class declared by the regulations to be subject to this section.

(4) For the purposes of applying this section to a placement agency referred to in subsection (3), the placement agency is taken to employ the worker during any period in which the placement agency arranges for the employment of the worker in child-related work.

(1) An employer must not commence employing, or continue to employ, a worker in child-related work unless the employer has obtained and verified the worker’s relevant details and made a record of those relevant details.

(2) The worker’s relevant details are the following—

(b) the working with children number of the worker’s clearance or the application number of the worker’s current application,

(c) the expiry date for each clearance of the worker, being the date on which the clearance ceases to have effect.

(3) The worker’s relevant details are taken to have been verified only if the relevant details accord with the information relating to the worker recorded in the working with children register as at the date the record is made by the employer.

(4) An employer who employs a worker in child-related work must ensure that the record kept under subsection (1) in relation to a worker is updated no later than 5 working days after the expiry date for each clearance of the worker.

(5) An employer must retain a record made under this section—

(b) for a period of at least 7 years after the worker ceases to carry out child-related work for the employer.

(6) An employer who, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).

(7) This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a placement agency ) if—

(b) the placement agency is a person or a person of a class declared by the regulations to be subject to this section.

(8) For the purposes of applying this section to a placement agency referred to in subsection (7), the placement agency is taken to employ the worker during any period in which the placement agency arranges for the employment of the worker in child-related work.

(9) This section does not apply—

(a) in respect of an employer if the employer is an individual who is the parent of, or has the care of, a child or young person and the child-related work relates to that child or young person, or

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

(c) in respect of an employer who is exempted by the regulations from this section.

(1) A licensing authority must not issue a relevant licence to a person unless the licensing authority has obtained and verified the person’s relevant details and made a record of those relevant details.

(2) The person’s relevant details are the following—

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

(c) the expiry date for each clearance of the person, being the date on which the clearance ceases to have effect.

(3) The person’s relevant details are taken to have been verified only if the relevant details accord with the information relating to the person recorded in the working with children register as at the date the record is made by the licensing authority.

(4) A licensing authority must ensure that the record kept under subsection (1) in relation to a person who is the holder of a relevant licence issued by the licensing authority is updated no later than 5 working days after the expiry date for each clearance of the person.

(5) A licensing authority must retain a record made under this section—

(a) during the period in which the person holds a relevant licence issued by the licensing authority, and

(b) for a period of at least 7 years after the person ceases to hold a relevant licence issued by the licensing authority.

(6) A licensing authority that, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.

Maximum penalty—100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).

(7) This section does not apply—

(b) in respect of the issue of a licence to a person who is exempted by the regulations from the requirement to hold a clearance.

(8) In this section—

relevant licence means a licence, or a licence of a class, declared by the regulations to be a relevant licence.

(1) (Repealed)

(2) The governing body of an organisation must ensure that a person is not appointed on a permanent basis to a key position in the organisation that involves child-related work unless the person is the holder of a working with children check clearance of a class applicable to that work.

Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.

(3) It is a defence to proceedings for an offence against subsection (2) if the governing body establishes that, at the time the offence was committed—

(a) the governing body had been advised by the Children’s Guardian that the person was the holder of a clearance, or

(b) the working with children register showed that the person was the holder of a clearance, or

(c) the governing body was exempted by the regulations from the requirements of this section or the person was exempted from the requirement to hold a clearance.

(4) The governing body of an organisation must ensure that whenever a person is appointed on a permanent basis to a key position in the organisation that involves child-related work—

(a) a record is kept of how the governing body determined that the person held a working with children check clearance of a class applicable to that work, and

(b) that record is retained by the organisation for at least 7 years.

(5) Nothing in this section prevents a person being appointed to a key position on a conditional basis, if there is a current application for a clearance of an appropriate class and appointment is conditional on the person obtaining the appropriate clearance as soon as is reasonably practicable and having that clearance considered by the governing body.

(1) An adult person (other than an exempt person) who resides on the same property as an authorised carer or on a property where a family day care service is provided must hold a working with children check clearance (of any class) or have made a current application to the Children’s Guardian for a clearance.

(2) The designated agency (that authorised the authorised carer) or the approved provider (of the family day care service) referred to in subsection (1), must ensure that the adult person complies with that subsection.

Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.

(3) For the purposes of this section, a person no longer has a clearance or a current application for a clearance if an interim bar is in effect against the person.

(4) It is a defence to proceedings for an offence against subsection (1) if the accused person establishes that the accused person did not know, at the time the offence was committed, that the care or service referred to in that subsection was provided on that property.

(5) It is a defence to proceedings for an offence under subsection (1) or (2) if the accused person establishes that—

(b) the offence was consequential on the adult person being subject to an interim bar, withdrawing an application, having an application for a clearance terminated or refused or having a clearance cancelled and the accused person—

(ii) in the case of an adult person who resides on the same property as an authorised carer, had not known about the interim bar, withdrawal, termination, refusal or cancellation for more than 48 hours, or

(c) the adult person is the holder of a continuing residence approval granted by the Children’s Guardian.

(6) For the purposes of the application of this Act (other than sections 9 and 9A) to an adult person required by this section to hold a clearance, the designated agency or approved provider referred to in subsection (2) is to be treated as the employer of the adult person.

(7) In this section—

exempt person means a person who is required under another provision of this Act to, or is exempt from the requirement to, hold a working with children check clearance.

s 10: Am 2013 No 31, Sch 1 [4]–[7]. Subst 2015 No 29, Sch 2 [7]. Am 2018 No 14, Sch 1 [7] [8]; 2018 No 46, Sch 2.1[4].

(1) This section applies to—

(b) a person (an adult resident ) who resides on the same property as another person while that other person is a prospective adoptive parent.

(2) A person to whom this section applies must apply to the Children’s Guardian for a working with children check clearance of the volunteer class unless—

(b) a current application for a clearance has been made by the person, or

(c) the person is exempted by the regulations from the requirement to hold a clearance.

(3) For the purposes of the application of this Act (other than section 9) to a prospective adoptive parent or adult resident, the relevant decision-maker in relation to the prospective adoptive parent is to be treated as the employer of the prospective adoptive parent and adult resident.

(4) In this section—

(a) if the prospective adoptive parent has made an application to adopt a child to the Secretary—the Secretary, or

(b) if the prospective adoptive parent has made an application to adopt a child to an accredited adoption service provider—the principal officer of the service provider.

(1) This section applies to—

(b) a person (an adult resident ) who resides on the same property as the prospective guardian during the period beginning when the application for a guardianship order relating to that prospective guardian is made under section 79A of the Children and Young Persons (Care and Protection) Act 1998 and ending when it is finally dealt with.

(2) A person to whom this section applies must apply to the Children’s Guardian for a working with children check clearance of the volunteer class unless—

(b) a current application for a clearance has been made by the person, or

(c) the person is exempted by the regulations from the requirement to hold a clearance.

(3) For the purposes of the application of this Act (other than sections 9 and 9A) to a prospective guardian or adult resident, the relevant decision-maker in relation to the prospective guardian is to be treated as the employer of the prospective guardian and adult resident.

(4) In this section—

(b) in the case of such an application made by any other person or body—the principal officer of the designated agency responsible for assessing the prospective guardian to be a suitable person to be allocated all aspects of parental responsibility for a child or young person.

(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—

(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—

(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

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—

(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.

A person who is or intends to be a candidate at an election (within the meaning of the Electoral Act 2017 ) may apply to the Children’s Guardian for a working with children check clearance of the non-volunteer class, unless—

(b) a current application for a clearance has been made by the person.

(1) The Children’s Guardian may, by notice in writing given to a person, grant an approval (a continuing residence approval ) to the person to reside on the same property as an authorised carer, even though the person does not hold a working with children check clearance, if—

(a) the person is or was, immediately before turning 18 years of age, in the out-of-home care of the authorised carer, and

(b) the Children’s Guardian is satisfied that any risks to the safety of children associated with the person residing at the property have been sufficiently mitigated.

A continuing residence approval is sufficient authority for a person who is or was in the out-of-home care of an authorised carer before turning 18 years of age to continue to reside at the residence of the authorised carer, even though the person does not hold a working with children check clearance.

(2) A continuing residence approval has effect for 5 years after the date it is granted or, if a shorter period is specified by the Children’s Guardian, that period.

(3) A continuing residence approval may be renewed by the Children’s Guardian.

(4) The Children’s Guardian may, by notice in writing served on a person, cancel a continuing residence approval granted to the person if—

(a) the Children’s Guardian is no longer satisfied that any risks to the safety of children associated with the person residing at the property have been sufficiently mitigated, or

(b) a change of circumstances occurs that, in the opinion of the Children’s Guardian, makes it no longer appropriate to continue the approval.

(5) A continuing residence approval ceases to have effect if it is cancelled by the Children’s Guardian.

(6) The Children’s Guardian must advise the designated agency that authorised the authorised carer of a decision to grant, refuse, renew or cancel a continuing residence approval as soon as practicable after the decision is made.

(7) In this section—

out-of-home care has the same meaning as it has in the Children and Young Persons (Care and Protection) Act 1998 .

(1) There are to be the following classes of working with children check clearances—

(b) non-volunteer—authorising workers to engage in paid and unpaid child-related work.

(2) Despite section 8, the holder of a volunteer clearance may engage in paid child-related work if the person has been engaged in that work for a period of 30 consecutive days or less.

(1) A person may apply to the Children’s Guardian for a working with children check clearance.

(2) An application must—

(b) be accompanied by any other information required by the Children’s Guardian, and

(c) specify the class of clearance applied for.

(3) The approved form must provide for the authorisation by the applicant of, and the consent by the applicant to, the following in connection with the application or any application under Part 4 and at any time while a clearance is in force—

(b) the disclosure of the applicant’s criminal history,

(c) other inquiries about the applicant relevant to the application or clearance,

(d) without limiting paragraphs (b) and (c), disclosure of information about the applicant relevant to whether the applicant may be subject to an assessment requirement.

(4) The regulations may—

(b) require proof of identity to be provided by an applicant for a clearance in the manner prescribed by the regulations or approved by the Children’s Guardian.

(5) The Children’s Guardian must ensure that each applicant is given an application number and that the applicant is notified of that number.

(6)–(8) (Repealed)

(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.

(1) The Children’s Guardian may terminate an application for a working with children check clearance if—

(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—

(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.

(1) A person who is refused a working with children check clearance, or whose clearance is cancelled under section 23, is not entitled to make a further application for a clearance—

(b) unless a further early application is permitted under this section.

(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—

(ii) otherwise expressly or impliedly ceases to have effect.

(3) In this section—

A person is subject to an assessment requirement under this Act if any of the matters specified in Schedule 1 apply to the person.

(1) The Children’s Guardian must conduct a risk assessment of an applicant for a working with children check clearance, or the holder of a clearance, to determine whether the applicant or holder poses a risk to the safety of children if the Children’s Guardian becomes aware that the applicant or holder is subject to an assessment requirement.

(2) The Children’s Guardian may conduct a risk assessment of the holder of a clearance if the Children’s Guardian becomes aware that the decision to grant the clearance was based on wrong or incomplete information.

(3) Subsections (1) and (2) do not limit the circumstances in which the Children’s Guardian may conduct a risk assessment of an applicant or holder.

(4) In making an assessment, the Children’s Guardian may consider the following—

(b) the period of time since those matters occurred and the conduct of the person since they occurred,

(c) the age of the person at the time the matters occurred,

(d) the age of each victim of any relevant offence or conduct at the time it occurred and any matters relating to the vulnerability of the victim,

(e) the difference in age between the victim and the person and the relationship (if any) between the victim and the person,

(f) whether the person knew, or could reasonably have known, that the victim was a child,

(g) the person’s present age,

(h) the seriousness of the person’s criminal history and the conduct of the person since the matters occurred,

(i) the likelihood of any repetition by the person of the offences or conduct or of any other matters that caused the assessment and the impact on children of any such repetition,

(i1) any order of a court or tribunal that is in force in relation to the person,

(j) any information given in, or in relation to, the application,

(j1) any relevant information in relation to the person that was obtained in accordance with section 36A,

(k) any other matters that the Children’s Guardian considers necessary.

(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—

(ii) while the applicant or holder was engaged in child-related work, and

(b) the making of the determination is in the public interest.

(5) The Children’s Guardian may, but is not required to, notify the holder of a clearance in writing if the Children’s Guardian decides to conduct a risk assessment of the holder.

s 15: Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [16]; 2016 No 56, Sch 1 [3]; 2018 No 14, Sch 1 [12] [13]; 2022 No 34, Sch 1[5].

(1) The Children’s Guardian may, by notice in writing to an applicant for a working with children check clearance or the holder of a clearance, request the applicant or holder to provide further information about an offence or other matter related to the application or clearance.

(2) The Children’s Guardian may terminate an application for a clearance or cancel a clearance if the applicant or holder fails, without reasonable excuse, to provide further information within 3 months of the request being made and the Children’s Guardian has not withdrawn the request.

(3) The Children’s Guardian must—

(a) as soon as practicable after terminating an application, give written notice of that termination to the applicant and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant, or

(b) as soon as practicable after cancelling a clearance, give written notice of that cancellation to the holder of the clearance and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.

(1) The Children’s Guardian may, at any time after receiving an application for a working with children check clearance or commencing an assessment of an applicant for or holder of a clearance, determine that the applicant or holder is subject to an interim bar , being a bar on the applicant or holder doing any of the following—

(b) residing on the same property as an authorised carer,

(c) residing on a property where a family day care service is provided.

(2) The Children’s Guardian may make a determination under this section if it is of the opinion that it is likely that there is a risk to the safety of children if the applicant or holder engages in child-related work or resides on a property referred to in subsection (1)(b) or (c) pending the determination of the application or assessment.

(3) The Children’s Guardian must as soon as practicable after determining that an applicant or holder is subject to an interim bar, give written notice of that determination to the applicant or holder and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant or holder.

(4) An interim bar ceases to have effect—

(a) on notification in writing by the Children’s Guardian to the applicant or holder that the interim bar is revoked, or

(b) in the case of an applicant for a clearance, if the applicant is granted or refused a clearance, or

(c) 12 months after the interim bar takes effect,

(1) The Children’s Guardian must not grant a working with children check clearance to the following persons ( disqualified persons )—

(a) a person convicted before, on or after the commencement of this section of an offence specified in Schedule 2, if the offence was committed as an adult,

(b) a person against whom proceedings for any such offence have been commenced, if the offence was committed as an adult, pending determination of the proceedings for the offence.

(2) The Children’s Guardian must grant a clearance to a person who is subject to a risk assessment under Division 3 unless the Children’s Guardian is satisfied that the person poses a risk to the safety of children.

(3) The Children’s Guardian must grant a clearance to a person if it is satisfied that the person is not a disqualified person and the person is not subject to a risk assessment under Division 3.

(1) If the Children’s Guardian proposes not to grant a working with children check clearance to a person, the Children’s Guardian must notify the person in writing of the proposed decision and that the person may make a submission to the Children’s Guardian within the period specified in the notice.

(2) The Children’s Guardian must consider any submission made by an applicant within that period before finally deciding the application.

(3) This section does not apply to an application for a clearance that is made by a disqualified person.

(1) The Children’s Guardian must notify the applicant in writing of the Children’s Guardian’s decision to grant or refuse to grant a working with children check clearance.

(2) Notice of a decision to grant a clearance must include the working with children number.

(3) Notice of a decision not to grant a clearance must set out the reasons for the refusal and the right to seek a review under Part 4.

(4) The Children’s Guardian must as soon as practicable after refusing an application, give written notice of that refusal to the applicant and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant.

(1) A working with children check clearance ceases to have effect 5 years after the date it is granted, unless it is sooner cancelled or surrendered.

(2) The holder of a clearance may apply for a new clearance at any time within the period beginning 3 months before the expiry of the clearance.

(3) The following arrangements apply for the purpose of facilitating alignment of the periods for which a clearance granted to a person under this Act and a clearance granted to the person under the National Disability Insurance Scheme (Worker Checks) Act 2018 are in force—

(a) a working with children check clearance may, at the discretion of the Children’s Guardian and with the agreement of the applicant, be granted so as to be in force for a period of less than 5 years,

(b) the period for which a working with children check clearance is in force may be shortened after the clearance is granted at the discretion of the Children’s Guardian and on the application of the holder of the clearance,

(c) the holder of a working with children check clearance may, with the approval of the Children’s Guardian, apply for a new working with children check clearance earlier than 3 months before the expiry of the clearance,

(d) the Children’s Guardian may approve a reduction in the fee payable, or a refund of part of any fee paid, to reflect any reduction in the period for which a working with children check clearance is or is to be in force.

(1) The Children’s Guardian must cancel the working with children check clearance of a person if the Children’s Guardian becomes aware that the person is a disqualified person or the Children’s Guardian is satisfied that the person poses a risk to the safety of children.

(2) The Children’s Guardian must notify the holder of the clearance in writing of the Children’s Guardian’s decision to cancel the clearance.

(3) Notice of a decision to cancel a clearance must set out the reasons for the cancellation and the right to seek a review under Part 4.

(4) The Children’s Guardian must as soon as practicable after cancelling a clearance, give written notice of that cancellation to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.

(1) The holder of a working with children check clearance may, with the consent of the Children’s Guardian, surrender the clearance at any time.

(2) The Children’s Guardian must not consent to the surrender of a clearance if the Children’s Guardian is of the opinion that it is likely that there is a risk to the safety of children if the holder were to engage in child-related work.

(3) The Children’s Guardian must, as soon as practicable after consenting to the surrender of a clearance, cancel the clearance and give written notice of that cancellation to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.

(4) The Children’s Guardian must terminate the working with children check clearance of a holder if notified of the holder’s death.

s 24: Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [27]. Subst 2016 No 56, Sch 1 [5]. Am 2022 No 34, Sch 1[6] [7].

(1) The Children’s Guardian must establish a working with children register.

(2) The register must contain the following—

(a) particulars of applications for working with children check clearances, including the applicant’s name and date of birth, the application number, the status of the application (including whether the applicant is subject to an interim bar) and any determination to refuse the application,

(b) particulars of clearances, including the clearance holder’s name and date of birth, the working with children number, the class and expiry date of the clearance and whether the clearance holder is subject to an interim bar or has had a clearance cancelled.

(3) The register is to be maintained in the manner and form approved by the Children’s Guardian.

(4) The Children’s Guardian must ensure that information kept on the register is accurate and up-to-date.

(5) The Children’s Guardian must make information on the register available to an employer, licensing authority or responsible agency carrying out a verification in respect of a person under section 9A, 9AA or 11B to the extent that the Children’s Guardian considers the information to be relevant for the purposes of the verification or for informing the employer, licensing authority or responsible agency of any interim bar, refusal of an application or cancellation of a clearance.

(6) The regulations may make provision for or with respect to the following—

(b) the entry of information on the register by employers or other persons,

(c) making information on the register publicly available or available to particular classes of persons.

(1) The following persons are not entitled to make an application under this Part—

(a) a person who has been convicted of any of the following offences, if the offence was committed as an adult and the person is a person who satisfies subsection (2)—

(ii) an offence against section 61B, 61C, 61D, 61E, 61F, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 61P, 63, 65A, 66, 66F, 76, 78A, 78B, 80A, 80D, 80E or 81 of the Crimes Act 1900 , if the person against whom the offence was committed was a child,

(iii) the common law offence of rape, if the person against whom the offence was committed was a child,

(iv) an offence against section 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB or 66EC of the Crimes Act 1900 ,

(v) an offence against section 67, 68, 71, 72, 72A, 73, 73A, 74 or 76A of the Crimes Act 1900 ,

(vi) an offence against section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q of the Crimes Act 1900 ,

(vii) an offence against section 91D, 91E or 91F of the Crimes Act 1900 ,

(viii) an offence against section 91G, 91H, 578B or 578C(2A) of the Crimes Act 1900 ,

(viiia) an offence against the Crimes Act 1900 , section 79 or 530,

(ix) an offence against section 272.8, 272.10 (if it relates to an underlying offence against section 272.8) or 272.11 of the Criminal Code of the Commonwealth,

(x) an offence against section 272.9, 272.10 (if it relates to an underlying offence against section 272.9), 272.12, 272.13, 272.14 or 272.15 of the Criminal Code of the Commonwealth,

(xi) an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth, if it relates to a Class 1 offence within the meaning of the Child Protection (Offenders Registration) Act 2000 ,

(xii) an offence against section 273.5, 273.6, 273.7, 471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 474.19, 474.20, 474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26 or 474.27 of the Criminal Code of the Commonwealth,

(xiii) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material,

(xiv) an offence an element of which is an intention to commit an offence listed in subparagraphs (i)–(xiii),

(xv) an offence of attempting, or of conspiracy or incitement, to commit an offence listed in subparagraphs (i)–(xiii),

(b) a person who has been convicted of an offence committed as an adult under a law of another State or a Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence referred to in paragraph (a) and the person is a person who satisfies subsection (2),

(c) a person whose application for a working with children check clearance has been refused, or whose working with children check clearance has been cancelled, wholly or partly on the grounds that proceedings have been commenced against the person for an offence specified in Schedule 2 and the proceedings have not been finally determined.

(2) A person convicted of an offence specified in subsection (1) satisfies this subsection if—

(b) any of the following orders (including any equivalent orders made by a court of a jurisdiction other than this State (including jurisdictions outside Australia)) was imposed on the person in respect of the offence and the order is in force—

(i) a home detention order, intensive correction order or community service order under the Crimes (Sentencing Procedure) Act 1999 , a good behaviour order under section 9 of that Act or an order under section 12 of that Act,

(ia) a community correction order or conditional release order under that Act,

(ii) a conditional release order or recognizance release order under section 20 of the Crimes Act 1914 of the Commonwealth, or

(c) a prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004 (or a corresponding prohibition order under section 19 of that Act) is in force against the person.

(3) This section applies to convictions for offences whether occurring before, on or after the commencement of this Act.

s 26: Subst 2015 No 29, Sch 2 [30]. Am 2015 No 58, Sch 2.4; 2016 No 56, Sch 1 [6]–[8]; 2017 No 53, Sch 4.6; 2018 No 33, Sch 5.2 [1]–[4]; 2021 No 45, Sch 2[1].

27 Applications to Civil and Administrative Tribunal for administrative reviews of clearance decisions

(1) A person who has been refused a working with children check clearance by the Children’s Guardian may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision within 28 days after notice of the decision was given to the person.

(2) A person whose clearance is cancelled by the Children’s Guardian under section 23 may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision within 28 days after notice of the decision was given to the person.

(3) A person who is subject to an interim bar imposed by the Children’s Guardian may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision, but only if the interim bar has been in force for more than 6 months.

(4) An applicant must fully disclose to the Tribunal any matters relevant to the application.

(5), (6) (Repealed)

(7) Section 53 of the Administrative Decisions Review Act 1997 does not apply to a decision that may be reviewed by the Tribunal under this section.

(8) The Tribunal must not, on a review of a decision under this section, make a stay order in respect of the decision unless the Tribunal is satisfied that there are appropriate arrangements in place for the supervision and enforcement of the conditions (if any) of the stay order by the person’s employer.

(9) A stay order is an order under section 60 of the Administrative Decisions Review Act 1997 that stays or otherwise affects the operation of a decision that is subject to review by the Tribunal under this section.

(10) This section does not otherwise affect the operation of Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 .

s 27: Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [2]–[4]; 2016 No 56, Sch 1 [9]; 2018 No 14, Sch 1 [16].

(1) The Tribunal may, on the application of a disqualified person, make an order declaring that the person is not to be treated as a disqualified person for the purposes of this Act in respect of an offence specified in the order (an enabling order ). Any such order has effect according to its tenor.

(2) The Tribunal may, on the application of a person who is not eligible to apply for a clearance because the person has been previously refused a clearance, make an order declaring that the person is to be treated as a person who is eligible to apply for a clearance (an enabling order ). Any such order has effect according to its tenor.

(3) A disqualified person may make an application under this section only if—

(b) the person’s clearance has been cancelled under section 23,

(4) The Children’s Guardian is to be a party to any proceedings for an order under this section and may make submissions in opposition to or support of the making of the order.

(5) An applicant must fully disclose to the Tribunal any matters relevant to the application.

(6) If the Tribunal makes an enabling order, the Tribunal may order the Children’s Guardian to revoke an interim bar or to grant the person a clearance.

(6A) To avoid doubt, Division 5 of Part 3 applies to any clearance granted by the Children’s Guardian in accordance with the Tribunal’s order.

(7) In any proceedings where an enabling order is sought, it is to be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.

(8) An enabling order may not be made subject to conditions.

(9) (Repealed)

s 28: Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [5]; 2016 No 56, Sch 1 [10]; 2018 No 14, Sch 1 [17].

(1) The Children’s Guardian may apply to the Tribunal to revoke or vary an enabling order made by the Tribunal.

(2) The Tribunal may—

(a) revoke an enabling order, if it is satisfied, on the basis of fresh evidence provided by the Children’s Guardian, that the person the subject of the order poses a risk to the safety of children, or

(b) confirm an enabling order, if it is satisfied that the person is not likely to pose such a risk.

(3) The Tribunal may consider fresh evidence provided by the Children’s Guardian.

(4) (Repealed)

(1) The Tribunal must consider the following in determining an application under this Part—

(a) the seriousness of the offences with respect to which the person is a disqualified person or any matters that caused a refusal of a clearance or imposition of an interim bar,

(b) the period of time since those offences or matters occurred and the conduct of the person since they occurred,

(c) the age of the person at the time the offences or matters occurred,

(d) the age of each victim of any relevant offence or conduct at the time they occurred and any matters relating to the vulnerability of the victim,

(e) the difference in age between the victim and the person and the relationship (if any) between the victim and the person,

(f) whether the person knew, or could reasonably have known, that the victim was a child,

(g) the person’s present age,

(h) the seriousness of the person’s criminal history and the conduct of the person since the matters occurred,

(i) the likelihood of any repetition by the person of the offences or conduct and the impact on children of any such repetition,

(i1) any order of a court or tribunal that is in force in relation to the person,

(j) any information given by the applicant in, or in relation to, the application,

(j1) any relevant information in relation to the person that was obtained in accordance with section 36A,

(k) any other matters that the Children’s Guardian considers necessary.

(1A) The Tribunal may not make an order under this Part which has the effect of enabling a person (the affected person ) to work with children in accordance with this Act unless the Tribunal is satisfied that—

(a) a reasonable person would allow his or her child to have direct contact with the affected person that was not directly supervised by another person while the affected person was engaged in any child-related work, and

(b) it is in the public interest to make the order.

(2) On an application under section 29, the Tribunal may, by order, stay the operation of a determination by the Children’s Guardian under this Act relating to the applicant pending the determination of the matter.

Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 enables a decision the subject of an application under section 27 of this Act for an administrative review under that Act to be stayed by the Tribunal.

(3) (Repealed)

s 30: Am 2013 No 31, Sch 1 [4]; 2013 No 95, Sch 2.23 [7] [8]; 2015 No 29, Sch 2 [31]; 2016 No 56, Sch 1 [11]; 2018 No 14, Sch 1 [18] [19]; 2022 No 34, Sch 1[8].

(1) The Children’s Guardian may, by notice in writing (an assessment notice ), require any person to provide the Children’s Guardian with a statement or information relevant to an assessment of whether a person poses a risk to the safety of children.

(2) A requirement may be made for the purposes of—

(a) preparing submissions to the Tribunal under this Act or section 16 of the Child Protection (Offenders Registration) Act 2000 , or

(b) determining an application for a working with children check clearance or an assessment of an applicant or the holder of a clearance, or

(c) determining whether to grant a continuing residence approval.

(3) A person to whom an assessment notice is given is authorised and required to comply with the notice.

(4) An assessment notice may specify a day on or before which the notice is to be complied with.

(5) If a person fails to comply with an assessment notice, the Children’s Guardian may, by further notice in writing served on the person (an enforcement notice ), direct the person to comply with the assessment notice within a period specified in the notice (of not less than 28 days).

(6) The enforcement notice must warn the person that a failure to comply with the notice is an offence.

(7) The Children’s Guardian may revoke an enforcement notice at any time.

(8) A person who fails, without reasonable excuse, to comply with an enforcement notice in force under this section is guilty of an offence.

(9) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.

(10) If documents are given to the Children’s Guardian under this section, the Children’s Guardian—

(b) may keep possession of the documents for such period as is necessary for the purposes of preparing the submission or considering an application, and

(c) during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the Children’s Guardian.

(11) In this section—

(1) The Director of Public Prosecutions is, on receipt of a notice under section 31, authorised to disclose to the Children’s Guardian information or other documents that may contain information in addition to the information required by the notice, whether or not that information or those documents are subject to legal professional privilege or other restrictions on disclosure.

(2) This section has effect despite any other Act or law.

(1) The Commissioner of Police is authorised at any time, in accordance with this Part and the regulations, to disclose (or arrange for a member of the NSW Police Force to disclose) to the Children’s Guardian the following information—

(a) information relating to any matter that may cause a person to be a disqualified person or result in an assessment requirement affecting a person,

(b) information relating to the criminal history of a person,

(c) without limiting paragraph (a) or (b), information relating to the circumstances of an offence or other matter disclosed under this section.

(2) (Repealed)

(3) This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Act.

(4) Information about a person’s criminal history may be disclosed under this Act—

(a) whether or not the information relates to events that occurred when the person was under the age of 18 years, and

(b) whether or not the information relates to offences that cause or may cause the person to be a disqualified person or result in an assessment requirement affecting the person.

(1) An animal welfare body is authorised to disclose to the Children’s Guardian the following information about a person—

(b) a finding of guilt against the person, whether or not a conviction is recorded, for an animal cruelty offence.

(2) In this section—

(a) an offence under the Prevention of Cruelty to Animals Act 1979 , section 5, 6, 11, 12, 15, 16, 17, 18, 18A, 21A or 23, or

(b) an offence under the Crimes Act 1900 , section 79, 80, 530 or 531.

(a) Royal Society for the Prevention of Cruelty to Animals, New South Wales,

(b) Animal Welfare League NSW.

34 Notification of information relating to criminal history for interstate child-related work screening

(1) The Commissioner of Police may disclose (or arrange for a member of the NSW Police Force to disclose) information relating to any criminal history of persons to the following persons for the purposes of interstate child-related work screening—

(b) a police force or service of the Commonwealth or another State or Territory,

(c) an approved interstate screening agency.

(2) A person to whom information is disclosed may disclose that information to an approved interstate screening agency for the purposes of interstate child-related work screening undertaken by the agency.

(3) The Commissioner of Police may disclose (or arrange for a member of the NSW Police Force to disclose) to an approved interstate screening agency, at the request of the agency, information relating to the circumstances of an offence or alleged offence disclosed under this section for the purposes of interstate child-related work screening.

(4) (Repealed)

(5) This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record of, persons may be disclosed apart from this Act.

(6) In this section—

(b) a body that is authorised under a law of the Commonwealth, another State or a Territory to conduct interstate child-related work screening and is approved by the Minister for the purposes of this section.

interstate child-related work screening means using information about persons who work, or seek to work, with children in a way that is authorised or required under a law of the Commonwealth, another State or a Territory, for the purpose of estimating the risk to the safety of children posed by any such person if working with children.

(1) It is the duty of a reporting body to notify the Children’s Guardian of the name and other identifying particulars of any child-related worker against whom the reporting body has made a finding that the worker has engaged in conduct specified in clause 2 of Schedule 1.

(1A) (Repealed)

(2) Notification under this section does not extend to findings made by the reporting body before 3 July 1995 unless—

(a) the reporting body is otherwise directed in writing by the Children’s Guardian in respect of a finding made by the reporting body, or

(b) a person holding a key position in the organisation has knowledge of a finding made by the reporting body.

(2A) A direction of the Children’s Guardian may specify a particular finding or may specify findings of a particular class (such as findings against a specified person or findings during a specified period).

(2B) Nothing in this section—

(a) prevents a reporting body from notifying the Children’s Guardian about a finding made before 3 July 1995, or

(b) requires a reporting body or a person holding a key position to review or to seek out records created before 3 July 1995, otherwise than in accordance with a direction given under this section.

(3) The regulations may make provision for or with respect to the following—

(b) the provision by reporting bodies of further particulars of any such matter, or any potential such matter, if requested by the Children’s Guardian,

(c) the keeping of records by reporting bodies of information about such matters or potential such matters supplied to the Children’s Guardian,

(d) the amendment or withdrawal of a notification by a reporting body.

(4) In this section—

(c) a registration or other licensing authority constituted under an Act,

(c1), (d) (Repealed)

(e) any other employer or professional or other body that supervises the conduct of an employee prescribed by the regulations for the purposes of this section.

s 35: Am 2013 No 31, Sch 1 [4]; 2015 No 29, Sch 2 [32] [33]; 2015 No 58, Sch 3.14; 2016 No 56, Sch 1 [12]; 2019 No 25, Sch 5.6[3] [4].

(1) The Children’s Guardian may, by notice in writing served on a reporting body or an officer of a reporting body, require the reporting body to comply with obligations of the reporting body under section 35 within the period specified in the notice.

(2) The Children’s Guardian may serve a notice under this section if it is of the opinion that the reporting body has failed to comply with any provision of section 35.

(3) The notice must set out the reasons for the notice being given.

(4) The period specified in a notice is to be not less than 28 days.

(5) The Children’s Guardian may revoke a notice at any time.

(6) A person who fails, without reasonable excuse, to comply with a notice in force under this section is guilty of an offence.

Maximum penalty—100 penalty units, in the case of a corporation, or 50 penalty units in any other case.

(7) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.

(8) Nothing in this section prevents the Children’s Guardian from contacting reporting bodies for the purpose of informing them of their obligations under this Act or requesting any information that reporting bodies are required to provide to the Children’s Guardian under this Act.

(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.

(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 34.

personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998 .

(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