Who has to comply with the National Principles/Child Safe Standards?

About the Schemes

The ACT has not as yet legislated the National Principles.

In NSW the Child Safe Guardian Act 2019 operates in conjunction with the Child Protection (Working with Children) Act 2012 to determine which organisations are required to comply with the NSW Child Safe Standards. This is regulated by the NSW Office of the Children’s Guardian.

In NSW the National Principles apply to various organisations which includes (in Part 3A of the Child Safe Guardian Act 2019) specified organisation as well as where a person is required to hold a working with children registration they are also required to comply with the Child Safe Standards.

This importantly includes:

• Sporting organisations
• Transport providers
• Amusement facilities
• Health Services
• Education and Care Services
• Out of Home Care Services

• Prescribed NSW Government agencies consisting of the Department of Communities and Justice, the Office of Sport within the Department of Communities and Justice, the Department of Education, the Ministry of Health, the Department of Planning, Industry and Environment, limited to functions undertaken by the Office of Local Government and the Inspector of Custodial Services. These prescribed organisations must develop and implement a child safe action plan within 12 months of becoming a prescribed agency or a longer period as approved by the Children’s Guardian.

• A local health district within the meaning of the Health Services Act 1997

• A non-government school within the meaning of the Education Act 1990

• An approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW)or the Children (Education and Care Services) Supplementary Provisions Act 2011

• A statutory health corporation within the meaning of the Health Services Act 1997

• An affiliated health organisation within the meaning of the Health Services Act 1997

• The Ambulance Service of NSW within the meaning of the Health Services Act 1997

• The TAFE Commission within the meaning of the Technical and Further Education Commission Act 1990

• An agency providing substitute residential care for children

• A religious body—

• (i)  that provides services to children, or

• (ii)  in which adults have contact with children,

• a club or other body providing programs or services of a recreational or sporting nature for children and in which workers are required to hold a working with children check clearance under the Child Protection (Working with Children) Act 2012

Likewise under the Child Protection (Working with Children) Act 2012 persons who perform child related work ((including voluntary work) are required to have a working with children registration where they are:

• providing services for under 18s
• the work normally involves being face to face with children
• contact with children is more than incidental to the work. This includes:

• mentoring and counselling services for children,
• child protection services,
• the provision of health care in wards of hospitals where children are treated and the direct provision of other child health services,
• clubs, associations, movements, societies or other bodies (including bodies of a cultural, recreational or sporting nature) providing programs or services for children,
• respite care or other support services for children with a disability,
• education and care services, child care centres, nanny services and other child care,
• schools or other educational institutions (other than universities) and private coaching or tuition of children,
• sporting, cultural or other entertainment venues used primarily by children and entertainment services for children,
• detention centres (within the meaning of the Children (Detention Centres) Act 1987 ) and juvenile correctional centres (within the meaning of the Crimes (Administration of Sentences) Act 1999 ),
• any religious organisation,
• refuges used by children , long term home stays for children, boarding houses or other residential services for children and overnight camps for children,
• transport services especially for children, including school bus services and taxi services for children with a disability and supervision of school road crossings,
• any other service for children prescribed by the regulations.

 The following roles also require a Working with Children Check:

• An adult who resides or stays regularly (i.e. several nights a week) on the property of an authorised carer (foster carer or other authorised carer of children in statutory or supported out-of-home-care)
• a home-based education and care service provider
• a family daycare service provider (where care is provided at home)
• potential adoptive parents.