The WORKING WITH CHILDREN’S CHECK (more commonly merely referred to as a ‘WWCC’) is a vital protective measure in New South Wales, aiming to shield children from harm by meticulously screening individuals involved in work or volunteering with them. Despite its importance, there are occasions when an applicant’s WWCC request may be denied, or an already issued WWCC may be revoked.
A refusal or cancellation of a WWCC can have significant consequences, including employment restrictions, damage to reputation, and other legal obligations. It is crucial for those impacted to understand the rationale behind such determinations and be aware of the appropriate course of action to take thereafter.
Reasons For Refusing Or Cancelling Your Working With Children’s Check
The Office of the Children’s Guardian (or the ‘OCG’) in New South Wales is responsible for administering the WWCC. The decision to refuse or cancel a WWCC is not taken lightly and is based on a thorough assessment of the applicant’s or cardholder’s suitability to work with children and any risks they may pose. Common REASONS FOR REFUSAL OR CANCELLATION include:
CRIMINAL RECORD
If an applicant has a CRIMINAL RECORD that includes serious offences, particularly those involving children, their application may be refused. This includes convictions for sexual offences, violence, or drug-related crimes.
DISCIPLINARY PROCEEDINGS
If an individual has been the subject of DISCIPLINARY PROCEEDINGS by a professional body, such as a teaching or medical board, this may impact their WWCC status.
RISK ASSESSMENT
The OCG conducts a RISK ASSESSMENT to determine whether an individual poses a risk to the safety of children. This assessment considers various factors, including the nature and circumstances of any offences, the time elapsed since the offences, and the individual’s behaviour since.
FALSE OR MISLEADING INFORMATION
Providing FALSE OR MISLEADING information in the WWCC application can lead to refusal or cancellation.
When the OCG decides to refuse or cancel a WWCC, the individual will receive a notification outlining the reasons for the decision. This notification will also inform the individual of their right to seek a review of the decision.
How To Review WWCC Refusals & Cancellations
If an individual disagrees with the decision to refuse or cancel their WWCC, they have the option to escalate the matter through REVIEW, which will follow the process outlined below in accordance with the specific circumstances of that individual’s matter.
STEP 1: Internal Review
The first step in challenging a refusal or cancellation is to request an INTERNAL REVIEW by the OCG. The individual must submit a written request for an internal review within 28 days of receiving the notification. The request should include any additional information or evidence that may support the individual’s case.
During the internal review, the OCG will re-examine the decision, considering any new information provided. The outcome of the internal review will be communicated to the individual in writing.
STEP 2: NSW Administrative & Civil Tribunal Review
If the internal review upholds the original decision, the individual has the option to seek a further review by the NSW Civil and Administrative Tribunal (or ‘NCAT’). The application to NCAT must be made within 28 days of receiving the outcome of the internal review.
NCAT is an independent body that reviews administrative decisions made by NSW government agencies. During the NCAT review, the individual can present their case, including any new evidence or arguments.
When lodging an NCAT application, an applicant must articulate the grounds for the review and should include supporting evidence. The NCAT review process will likely culminate in a formal hearing in which both the applicant (or their representative) and the OCG present their case and make submissions. NCAT will consider the merits of the case and make a determination.
Preparing For A Review Or Appeal Of A WWCC Refusal Or Cancellation
When preparing for a review or appeal, it is essential to gather and present all relevant information and evidence that supports the case. This may include:
- CHARACTER REFERENCES from employers, colleagues, or community members attesting to the individual’s good character and suitability to work with children;
- PROFESSIONAL REPORTS from psychologists, counsellors, or other professionals that provide insight into the individual’s behaviour and rehabilitation efforts;
- EMPLOYMENT HISTORY, especially roles involving children, to demonstrate the individual’s experience and commitment to child safety;
- A detailed PERSONAL STATEMENT from the individual, explaining the circumstances of any offences or misconduct, the steps taken to address these issues, and their commitment to working safely with children; and
- SUBMISSIONS articulating the circumstances, summarising and referring to the evidence provided, and ultimately explaining why an individual should be successful in their review or appeal.
Navigating the review process can be complex, and seeking legal assistance is advisable. We at Sambi Legal can help you understand your rights, prepare your case, and represent you during the review process. Contact our team at Sambi Legal today to redeem your free Initial Consult, and discuss how our experienced legal team can support you throughout this process.
