Potential for up to 7 weeks delay when renewing WWCCs

Since 1 December 2019, the NSW Office of Children’s Guardian has been imposing an additional requirement on new applications for and renewals of Working With Children Checks (WWCC) due to the Australian Criminal Intelligence Commission (ACIC) (https://www.kidsguardian.nsw.gov.au/child-safe-organisations/working-with-children-check/applicant/proof-of-identity/proof-of-identity-what-you-will-need).

A number of approved providers, educators and teachers have reported this new requirement to be the provision of a copy of:

• a change of name certificate issued by Australian Registry of Births, Deaths and Marriages.
• an Australian marriage certificate issued by a state or territory (church or celebrant-issued certificates are not accepted).
• a Deed Poll.

This additional requirement is already causing some delay of potentially up to 7 weeks as replacements may need to be ordered. As unintended consequences, such delays have also caused some childhood educators and teachers to take annual leave because they are unable to be able to work without a current WWCC.

This is particularly of concern when there has been no actual change in legal name since the beginning of the period for the about-to-expire WWCC.

The early childhood education and care sector is already experiencing severe labour shortages, and such delays can further exacerbate the availability of such skilled labour, not to mention the potential disruption to the lives of children and their parents.

These delays in renewing (or applying for) their WWCCs would also cause non-compliances with the Education and Care Services National Regulations 2011, especially Regulations 14, 16, 22, 153 and 358.

While the need for accurate identification of individuals is understandable, especially to ensure the safety of children, the above unintended consequences are disproportionate due to about 97% of educators and teachers and over 70% of Approved Providers being female. This new identification requirement tends not to be needed of providers, educators and teachers who are male.

The Australian Childcare Alliance (ACA) NSW has formally asked the NSW Office of the Children’s Guardian to consider providing at least provisional approval for the renewals of the existing WWCCs subject to receiving additional identification documents within a reasonable time.

ACA NSW has also requested that an appropriate education campaign be provided to the early childhood education and care sector so that providers, educators and teachers can be better prepared in anticipation of their renewal of their WWCCs.

For any further information/clarification, members can contact the ACA NSW office via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 18 MAY 2021