NSW sex offenders and criminals granted working with children checks by NCAT

Premier Chris Minns has promised to introduce new laws to stop working with children checks being granted to sex offenders and criminals so they can teach in classrooms after a loophole was revealed. See our interactive list.

Working with children checks are being granted to sex offenders and criminals.

NSW Premier Chris Minns has vowed to throw out Working with Children Check appeals, saying the scheme must be a “one strike policy”.

Mr Minns said on Wednesday his government will work to introduce a bill preventing appeals following The Daily Telegraph’s report.

“I’m very distressed about that report. I think (the appeals) make a mockery of the working with children’s check. It’s a loophole that cannot exist,” Mr Minns said.

“The information I’ve got this morning is that we’re going to have to move legislation to block that loophole, to ensure that if a WWCC has been denied, it stays denied, because when it comes to the safety of children, it’s a one strike policy.”

Mr Minns said he would also review the dozen WWCC given by NCAT on appeal to ensure the “absolute integrity” of the scheme.

NSW Premier Chris Minns said he would work to close the loophole allowing sex offenders to pass working with children checks. Picture: NewsWire / Nikki Short

“I anticipate our changes to the law will capture everybody, but there can just be no chances when it comes to the safety of children,” he said.

“We put a lot of money into the scheme. We put a lot of money into the checks. We regard it as an important database to keep the community safe. If it’s going to be undermined by appeals via NCAT, I think it makes a mockery of the existing system.”

His statements follow the Daily Telegraph’s report which revealed that working with children checks are being granted to sex offenders and criminals so they can teach in classrooms and undertake volunteer work alongside minors, despite their sickening crimes.

The Daily Telegraph can reveal more than two dozen people charged, convicted or alleged to have been involved in serious crimes including child sexual offences, obscene exposure and assault have obtained a working with children check through successful appeals at the NSW Civil and Administrative Tribunal (NCAT) in the past five years.

Among them is a man convicted and jailed for a litany of crimes, including committing a disgusting sex act by ejaculating on a woman on a train.

In another shocking case, a male teacher was granted a clearance to work as a teacher in NSW schools despite being charged with a raft of offences including allegedly using lubricant and a sex toy on one of the children in his care.

One applicant was alleged to have used a horse whip on a child, another was charged with indecent assault on a person under 10 years old, and a third was convicted of sexually touching a person without consent.

The Office of the Children’s Guardian is currently undertaking a review of the Working With Children Act and is encouraging public submissions to a discussion paper on how to improve its processes.

A working with children check is mandatory for any adult in child-related work, paid or unpaid, in NSW.

If an application is rejected, the person can appeal the decision at NCAT.

Although some charges or allegations of criminal history were unproven, the Office of the Children’s Guardian still put forward a strong case to the two member tribunal that certain applicants pose a “serious and unacceptable risk” to children.

Reasons given by NCAT for greenlighting applicants include mental health evaluations, posing a low risk to children and passage of time since last offence.

Danielle De Paoli from Maurice Blackburn said working with children checks is not a "foolproof" system. Picture: Supplied

Not every appeal is approved. More than 30 people – some with long and concerning criminal histories – including convictions of sexual offences, assault and other crimes have also been denied a clearance to work in classrooms, volunteer at local sport and charities in the past five years.

Danielle De Paoli, special counsel and head of Maurice Blackburn’s NSW abuse law practice, said working with children checks is not a “foolproof” system.

“It relies on reports being made to authorities regarding an individual’s conduct,” she said.

“We know from the Royal Commission into institutional abuse that it takes between 20 to 25 years for survivors to come forward and disclose what they endured.”

Ms De Paoli said there were many factors NCAT would take into account when an applicant challenges a working with children refusal.

“NCAT could look more closely at the treatment the person may have received, medical reports and references from those who know them.

Speaking as a parent, Ms De Paoli said she was concerned that working with children checks were being overturned.

“It would raise alarm bells and serious concerns for me as a mother. I would take it so far to remove my child from whatever situation they were in.”

She said from a legal perspective that everyone has a right to a fair hearing.

“But if a person has been initially refused a working with children clearance, it’s understandable if parents, volunteer groups or employers feel they should know about it.”

Chief executive of child protection not-for-profit organisation Bravehearts Alison Geale said there should never be “any exception” to providing a working with children clearance to a person who has either been convicted, charged or faced serious allegations.

“There’s no proper system of determining who is no longer a risk and why,” she said.

“From a victim-survivor perspective this is a crime where the burden of proof is difficult.

“An offender may be considered no longer a risk in a bureaucratic sense … if there is a history of complaints that warrants a refusal.

“It’s just extremely concerning that they are being greenlit to work with children.”

Bravehearts chief executive Alison Geale said there must be strict measures in place for those applying for working with children checks.

A NSW Government spokesman said the safety of children was the government’s “highest priority”.

“The government will continue to prioritise the protection of children in every forum necessary,” he said

“This is a concerning trend. The NSW Government is currently reviewing the Working with Children Act and will be seeking community input on potential reforms.

“Currently the OCG is prevented from seeking internal reviews of NCAT decisions regarding Working With Children Checks, and we would like to see that appeal avenue become available.”

But Opposition families and communities spokeswoman Natasha Maclaren-Jones said: “The government and Minister must ensure we have the most rigorous WWCC possible, it is what the children and families in NSW deserve.”

A spokesman from the Office of the Children’s Guardian said organisations “should

implement additional measures to manage risks to children”.

A spokeswoman for the NSW Education Standards Authority said: “We take the safety of children and students in NSW schools and early education facilities very seriously when we assess a teacher accreditation application and that remains the case.”

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Originally published as NSW sex offenders and criminals granted working with children checks by NCAT