Have Your Say: NSW Review of the Working with Children Check, shaping child safety laws

Ensuring the safety of children and young people in education, care and community settings is a shared responsibility. In New South Wales (NSW), the Working with Children Check (WWCC) is a cornerstone of child protection law, a screening mechanism that helps prevent people who pose an unacceptable risk from working or volunteering with children. Now, the NSW Government has opened a public consultation to review the legislation that underpins this system, inviting individuals, families, service providers and organisations to have their say on how it can be strengthened and made fairer and more effective. 

The Have Your Say consultation running to 27 February 2026, seeks community feedback to help shape recommendations that could influence how the law operates now and into the future. This initiative reflects a commitment to protecting children and young people while ensuring the WWCC system remains clear, robust and aligned with community expectations. 

Individuals, early childhood and care services, and community groups are invited to contribute in several ways:

• Complete the online survey to share views on the current system and potential changes
• Make a formal submission outlining ideas for reform
• Register for consultation sessions to discuss the Review and ask questions
• Register for an information session to learn more about the issues and proposed changes

This open consultation gives stakeholders an important opportunity to influence how child safety laws are shaped in NSW. 

The review focuses on the Child Protection (Working with Children) Act 2012, the legislation that governs the WWCC in NSW. It is designed to ensure that the legal framework:

• Continues to protect children and young people from harm
• Is clear, fair and effective for applicants and decision‑makers
• Reflects contemporary community expectations about child safety

Possible changes under consideration include how key terms are defined, who may be required to hold a WWCC, and how decisions are made. These discussions are informed by a public discussion paper and supporting materials, including easy‑to‑read resources and translated guides, that help demystify complex aspects of the law for participants. 

The WWCC is a statutory requirement for anyone working or volunteering in child‑related roles in NSW. Services including early childhood education, out‑of‑school hours care, sporting clubs, playgroups, and community volunteers are deeply connected to the WWCC framework. Without a valid check, individuals cannot legally work with children in these settings. 

More than 2 million people in NSW currently hold a WWCC clearance, with thousands of applications processed each year. It involves a national police history check and continuous monitoring of a person’s eligibility to work with children. 

The Review also follows recent legislative changes in NSW designed to strengthen the system, including removing external appeal pathways through tribunals to ensure that the Office of the Children’s Guardian remains the primary decision‑maker on decisions about checks. These reforms aim to close loopholes that previously allowed individuals with serious histories to obtain clearance on appeal. 

This consultation presents a timely chance for educators, service leaders, families and community members to contribute their insight on how the Working with Children Check can better protect children and young people. Feedback from a diverse range of voices will inform a report with recommended changes to government,  influencing future child safety policy in NSW.

To contribute to the Review, read the discussion paper, complete the survey or make a submission visit the NSW Government’s Have Your Say.