Child Protection (Working with Children) Regulation 2013

This Regulation is the Child Protection (Working with Children) Regulation 2013.

This Regulation commences on 15 June 2013 and is required to be published on the NSW legislation website.

In this Regulation—

close relative of a person means—

a spouse or de facto partner of the person, or

a child, step-child, sibling, step-sibling, parent, step-parent, grandparent, step-grandparent, aunt, uncle, niece or nephew of the person,

and includes, in the case of an Aboriginal person or a Torres Strait Islander, persons who are part of the extended family or kin of the person according to the indigenous kinship system of the person’s culture.

entity has the same meaning as in the Children’s Guardian Act 2019.

home-stay means residence with another family for a period for the purposes of a cultural or educational program.

parent of a child means the person having, in relation to the child, all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

school cleaner—see clause 16A.

Service NSW service centre includes a place designated by the Chief Executive Officer of Service NSW to—

receive payment of the application fee for a clearance, or

confirm proof of identity in relation to an application for a clearance.

specialised substitute residential care has the same meaning as in the Children’s Guardian Act 2019.

the Act means the Child Protection (Working with Children) Act 2012.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

In this Regulation, a service is provided on a commercial basis if the service is provided on a fee for service basis, whether or not the fee concerned is imposed or funding for the service is obtained by a grant or other means.

Notes included in this Regulation do not form part of this Regulation.

For the Act, section 5(1), definition of notifiable person, paragraph (f), the NSW Education Standards Authority is prescribed as a notifiable person if the applicant or holder—

is accredited within the meaning of the Teacher Accreditation Act 2004, or

has applied for accreditation within the meaning of that Act.

Work in mentoring and counselling services for children is child-related work, if the mentoring and counselling services are provided to children as part of a formal mentoring program provided by a government or non-government agency.

Work in providing family welfare services is child-related work, if clients to whom the services are provided ordinarily include children.

Work in child protection services provided by a government or non-government agency is child-related work.

Work as a health practitioner providing health services in wards of hospitals where children are treated is child-related work.

Other work as a health practitioner providing child health services is child-related work.

Work by persons (other than health practitioners) who provide health and care services in paediatric or adolescent health services is child-related work.

For the purposes of section 6(3A) of the Act, any direct contact that a worker has with a child or children when engaged in work referred to in subclause (1), (2) or (3) is taken to be a usual part of and more than incidental to the work.

Note.

A worker who is found to be engaged in child-related work may still be exempt from the requirement to obtain a working with children check clearance if the worker is exempted by a provision of Part 4 of this Regulation.

Work as a student in the course of a student clinical placement in a hospital or other health service is not child-related work.

In this clause—

health practitioner means—

a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW), and

any other individual who provides a health service.

health service includes the following—

medical, hospital and nursing and midwifery services,

dental services,

mental health services,

pharmaceutical services,

ambulance services,

community health services,

health education services,

welfare services necessary to implement any services referred to in paragraphs (a)–(g),

services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices,

Chinese medicine, chiropractic, occupational therapy, optometry, physiotherapy, podiatry and psychology services,

optical dispensing, dietician, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services,

services provided in other alternative health care fields.

hospital means—

a private health facility licensed under the Private Health Facilities Act 2007, or

a declared mental health facility or private mental health facility within the meaning of the Mental Health Act 2007, or

a public hospital within the meaning of the Health Services Act 1997.

Work for a club, association, movement, society or other body of a cultural, recreational, sporting or community service nature that involves providing programs or services primarily for children is child-related work.

Without limiting subclause (1), work as a coach or as a team manager, or an assistant coach or assistant team manager, for a sport or activity for children is child-related work.

However, the work is not child-related work if the work is work as a referee, umpire, linesperson or otherwise as a sporting official or a groundsperson, and the work does not ordinarily involve contact with children for extended periods without other adults being present.

Work in providing respite care or other support services primarily for children with a disability is child-related work.

However, the work is not child-related work if the work does not ordinarily involve contact with children for extended periods without other adults being present.

Work in education and care services, child care centres, nanny services and other child minding services provided on a commercial basis is child-related work.

Work in providing baby sitting services is child-related work, unless the services are provided under a private arrangement (whether or not a fee is payable).

Work as an au pair is child-related work, if the work involves the provision of child care.

Work in schools or other educational institutions (other than universities) is child-related work.

Work providing private coaching or tuition to children is child-related work.

Work at sporting, cultural or other entertainment venues where services, activities or entertainment is provided on a commercial basis primarily for children is child-related work.

Work that involves providing entertainment services primarily for children on a commercial basis is child-related work.

However, providing food or equipment at or for a sporting, cultural or other entertainment venue or providing a venue is not child-related work.