Federal Attorney-General Michelle Rowland urges states to prioritise Working with Children check reforms

The state government is pushing for national reform to improve safety in childcare centres, while some are going so far as to call for ban men from the industry. Tell us what you think, take our poll.

Federal Attorney-General Michelle Rowland will be raising working with children checks to state counterparts in July.

Premier Chris Minns will close a sickening loophole that allows sex offenders and criminals to appeal Working with Children Checks, saying the scheme must be a “one strike policy”.

The Premier committed to toughen laws hours after The Daily Telegraph exclusively revealed that more than two dozen people charged, convicted or alleged to have been involved in serious crimes, including child sexual offences, had obtained a working with children check through successful appeals at the NSW Civil and Administrative Tribunal (NCAT) in the past five years.

Federal Attorney-General Michelle Rowland said she was “shocked” by the revelations and would write to her state counterparts about prioritising reforms ahead of a meeting next month.

“These reports are shocking,” she said.

“Every child young person has the right to be safe from child sexual abuse.

“I will be raising working with children checks at the Standing Council of Attorneys-General next month.”

It’s understood the meeting may consider a national approach to working with children checks, including tightening loopholes across all states and territories.

Acting Minister for Early Learning Courtney Houssos says she’ll push for national reform to improve safety in childcare centres, including the creation of a national staff register to help track concerning behaviour.

“My view is we need that register at a national level, and that’s what we’re trying to do at the moment,” she told the ABC on Thursday.

“Our preference is to do this at a national level — we think that’s the best place to do it — and we’ll be meeting again with education ministers in August to continue this program of reform. But if we need to do it ourselves, then we certainly will look to do that.”

It comes after the Premier said on Wednesday his government will work to introduce a bill preventing applicants with a criminal history from appealing a working with children ban.

The Indepenent Collective of Survivors has gone one step further and called for a ban on male workers in the childcare industry to keep children safe.

NSW Premier Chris Minns said the government will introduce a bill preventing applicants with a criminal history from appealing bans. Picture: NewsWire / Nikki Short

“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.

“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.”

Maurice Blackburn special counsel Danielle De Paoli said this was a “positive and welcome step” by the Premier.

“I entirely endorse a ‘one strike policy’,” Ms De Paoli said.

“There can be no chances taken when it comes to the safety of children.

“What I see day in and day out in my line of work is the devastating impact that childhood abuse has on every aspect of someone’s life 20, 30, 40 years later.”

Ms De Paoli said the actions of individuals abusing children were not accidental or a minor slip.

“Any loophole in a system designed to protect our children should be reviewed and steps taken to amend that shortcoming.”

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.

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.

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Originally published as Federal Attorney-General Michelle Rowland urges states to prioritise Working with Children check reforms