It is an offence for prohibited persons to apply for or otherwise attempt to obtain, undertake or remain in child-related employment.
A prohibited person is someone who is a registrable person as defined in the Child Protection (Offenders Registration) Act 2000 or has been convicted of one of the following offences:
- murder of a child;
- serious sex offence, including carnal knowledge;
- child-related personal violence offence (an offence committed by an adult involving intentionally wounding or causing grievous bodily harm to a child);
- indecency offences punishable by imprisonment of 12 months or more;
- kidnapping (unless the offender is or has been the child's parent or carer);
- offences connected with child prostitution;
- possession, distribution or publication of child pornography; or
- attempt, conspiracy or incitement to commit the above offences.
This list summarises detailed provisions set out in section 33B of the Commission for Children and Young People Act 1998.
A conviction includes a charge proven in court. It includes a finding that the charge is proven, or that a person is guilty, even though the court does not proceed to a conviction. Dismissed charges and pending charges for these offences do not make someone a prohibited person.
A registrable person is one found guilty of an offence that is registrable under the Child Protection (Offenders Registration) Act 2000, except:
- for certain offences committed by a juvenile
- for offences where the offender was found guilty before 15 October 2001.
Registrable offences are all the offences listed above, with the exception of the child-related personal violence offences.
All people working in, or seeking to work in, child-related employment must declare whether they are a prohibited person. This includes self-employed people, volunteers and students on placement.
Employers should clearly state in all information for child-related positions that prohibited persons are not eligible to apply.
The Prohibited Employment Declaration is available at https://check.kids.nsw.gov.au.
Some prohibited persons may apply for a review of their prohibited status. To find out more, go to review of prohibited status page.