The new Working With Children Check will start on 15 June 2013. If you are already in paid child-related work or you are a volunteer, you do not need to apply straight away as you will be phased in over five years. Until the new Check starts, the current check continues to apply.
After an applicant has applied online and had his or her identity confirmed, the applicant’s full criminal history and employer disciplinary findings are obtained and assessed.
There are only two possible results of a check:
- a clearance to work with children
- a bar against working with children.
If an applicant has no criminal history or employer disciplinary findings he or she will be cleared to work with children. Other applicants may be cleared to work with children after an assessment of their records.
People with a clearance will be monitored for new serious sex or violence offences and employer disciplinary findings for the five years the clearance is valid.
Defined offences detailed in Schedule 1 and 2 of the Child Protection (Working with Children) Act 2012 may lead to a bar against working with children.
If an applicant has a conviction or pending charge for a Schedule 2 offence he or she will be automatically barred unless the offence was committed as a child.
If the applicant has a Schedule 1 record, an assessment will be undertaken. If the assessment determines the applicant presents a serious risk to children he or she will be barred from working with children. An interim bar may be imposed while an assessment is underway, to protect children from serious risks.
A barred person will be able to seek a review of the decision to bar from the Administrative Decisions Tribunal unless they have been convicted for child murder or have a Schedule 2 charge pending.