Refusal of a Working with Children Check application
If there are concerns during the risk assessment process that there is a likely risk to the safety of children we will issue an Interim Bar until we have completed our risk assessment.
If you receive a notice saying that you have received an Interim Bar you must immediately stop working in child-related employment. The employer will also be notified that you have received an interim bar.
Interim Bars can be appealed at the NSW Civil and Administrative Tribunal after six months. More information about the appeals process can be found in the Appeal process section.
If a bar is being considered as the outcome of the risk assessment, you will be contacted by phone and by letter to inform you of the proposed decision.
You will also be invited to submit information that may affect the decision, and this information will be taken into account in deciding the final outcome.
If the Children’s Guardian decides not to grant you a clearance to work with children (that is, to impose a bar), you will receive a letter informing you of this final decision. The letter will also provide you with the reasons for the decision.
If you are already in child-related work (or planning to be in such employment), your employer (or proposed employer), will be notified that you have been barred and instructed to remove you from child-related work. However, no information regarding your Working with Children Check application or records will be shared without your consent.
If the outcome of your application is an auto-bar, you will receive a letter informing you of this outcome. The letter will also provide you with the reasons for the decision.
Records listed in Schedule 2 of the Child Protection (Working with Children) Act 2012 result in an automatic bar against working with children. Equivalent records from other states and territories also lead to an automatic bar.
Once a bar is in place, it is an offence to work with children in a child-related role and penalties apply if you continue to do so. If you are already working with children, you must immediately remove yourself from this work. It does not matter whether the work is paid or voluntary.
Any employer who has verified your application will be notified that you have been barred and instructed to remove you from child-related work. However, no information regarding your bar, such as why you have been barred, will be shared with your employer without your consent.