Sex offenders continue to appeal Working with Children Check refusals at NCAT

Convicted sex offenders are continuing to appeal Working with Children Check refusals at the state’s peak civil tribunal despite promises from the Minns Government of a “one strike” policy.

Convicted sex offenders are continuing to appeal Working with Children Check (WWCC) refusals at NCAT.

Convicted sex offenders are continuing to appeal Working with Children Check (WWCC) refusals at the state’s peak civil tribunal despite promises from the Minns Government of a “one strike” policy.

The Daily Telegraph can reveal that almost 10 people – including a convicted sex offender – have challenged WWCC refusals at the NSW Civil and Administrative Tribunal (NCAT) in the past week alone.

In one of those cases, which was revealed by the Telegraph last week, a 48-year-old male tennis coach, convicted of sex offences, was found to be working alongside kids for almost two years without a valid WWCC.

It has prompted child safety experts to call on the state government to immediately close the “sickening loophole”.

A WWCC is mandatory for any adult in child-related work, paid or unpaid, in NSW.

If an application is rejected by the Office of the Children’s Guardian (OCG), the person can appeal the decision at NCAT.

A 48-year-old male tennis coach, convicted of sex offences, was found to be working alongside kids for almost two years without a valid WWCC.

NSW Premier Chris Minns vowed to throw out WWCC appeals after The Telegraph exposed earlier this month that two dozen people charged, convicted or alleged to have been involved in serious crimes including child sexual offences had obtained a clearance through successful appeals at NCAT in the past five years.

Not everyone appealing WWCC refusals at NCAT are convicted of serious crimes.

However, legal and child safety experts have urged the Minns government to introduce the reforms as a “matter of urgency” to protect children across the state.

Sheree Buchanan, head of abuse law at Law Partners, said the Minns Government must close this “sickening loophole” to protect children from harm.

“These laws need to be introduced as a matter of urgency to protect children from further harms,” she said.

“Child safety is absolutely paramount.”

ACU’s Institute of Child Protection Studies director Professor Daryl Higgins said he also agreed with a “one strike” policy.

“The issues in the early childhood sector have highlighted a level of complacency and we really need to focus our attention on reforming child safety systems,” he said.

Families and Communities Minister Kate Washington said her message to convicted sex offenders was clear.

“Don’t bother applying for a Working with Children Check, because you won’t be getting one,” she said.

Port Stephens Labor MP Kate Washington is the Minister for Families and Communities. Picture: Liam Driver

The Telegraph launched its Keep Them Safe campaign this week to establish a national, public register of Working with Children Checks (WWCC) accessible to parents, carers and community organisations, catching offenders who jump from state-to-state to hide under the radar.

On Monday, the Premier said he would continue to pursue reform of the broken system, including imposing heavy penalties for not using the register properly and making the application process faster.

NSW Premier Chris Minns has addressed the Sunday Telegraph’s ‘Keep Them Safe’ campaign. Picture: NewsWire / John Appleyard

“The working with children’s check is an incredibly important resource for all kinds of community organisations and businesses in the state. We expect people to use it,” Mr Minns said.

“As it relates to a national database, we want to work with the other states to get that done but I don’t want to pull NSW’s strict rules and regulations down to the lowest common denominator.

“If we’ve got tougher restrictions in NSW, that needs to be the minimum the other states rise to.”

Meanwhile, it can also be revealed that allegations of child abuse and misconduct made by organisations including schools and child care centres surged by more than 50 per cent in the past three financial years.

An analysis of OCG reportable conduct data shows 1538 reports were made in the 2021-22 financial year, compared to 2405 reports in 2023-24.

The OCG confirmed that reportable allegations are also expected to increase in the latest annual report due to be tabled in parliament in October.

An OCG spokesman said under current legislation, if a person is refused a WWCC clearance or has that clearance cancelled, they cannot reapply for five years.

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Originally published as Sex offenders continue to appeal Working with Children Check refusals at NCAT