President's Message - The NSW Government’s proposed reforms regarding reviews of Working with Children Checks

01/08/2025

Yesterday, the NSW Premier issued a media release which announced that the NSW Government will introduce a bill to parliament next week “to strengthen Working with Children Checks (WWCC) to better protect children from harm.”

According to the media release, these reforms would mean that a person who is refused a WWCC or NDIS Worker Check will no longer be able to appeal that decision through the NSW Civil and Administrative Tribunal. Only the Office of the Children’s Guardian will be empowered to decide or review an application for a WWCC or NDIS Worker Check.

Under the Child Protection (Working with Children) Act 2012 (NSW), ensuring “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”. A close examination of the law, to ensure it meets this critical aim, is appropriate.

However, the Association cautions against reforms that erode a person’s right to an external review of an administrative decision.

Errors in administrative decision-making are not uncommon. That’s why courts and tribunals have review powers. An external review by a court or tribunal is a critical protection from unfair, improper or incorrect decisions by government agencies. This is a particularly important safeguard in circumstances where a decision has the potential to damage a person’s livelihood or reputation.

The Association cannot comment on whether the NSW Government’s proposed reforms have struck the appropriate balance – as they have not been the subject of any public consultation process. Rather than rushing an untested bill through parliament, the Association has called on the NSW Government to consult stakeholders and the wider community to ensure these proposed reforms are reasonable and fit-for-purpose.