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Changes to the Working with Children Check Act 2005 came into effect on 1 August 2017

 

On 1 August 2017, a number of important amendments to the Working with Children Check Act 2005 (the Act) came into effect.

The Royal Commission into Institutional Responses to Child Sexual Abuse made several recommendations aimed at strengthening the protection children receive through Working with Children Checks. The following amendments to the Act implement these recommendations:

  1. Expand the definition of ‘direct contact’ in the Act. The definition of direct contact now includes oral, written or electronic communication as well as face-to-face and physical contact. The Act will continue to provide that a Check is not required in circumstances where the contact with a child is occasional and incidental to the work.
  2. Remove references to ‘supervision’ from the Act. This means that even if a person’s contact with children as part of their child-related work is supervised by another person, they will still need to apply for a Check.
  3. Create a new occupational category of ‘child-related work’, known as ‘kinship care’. Family members or other persons of significance caring for a placed by Child Protection under the Youth and Families Act 2005 are required to obtain a Check.
  4. Ensure that non-conviction charges (charges that have been finally dealt with other than by a conviction or finding of guilt) for serious sexual, violent or drug offences are considered as part of a Check assessment or re-assessment.
  5. Enable the Secretary to the Department of Justice and Regulation to compel the production of certain information for the purposes of compliance monitoring.

In addition, various other miscellaneous and technical amendments have been made to improve the Act’s operation and administration.

For detailed information about these changes, go to Changes to Legislation.