Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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If your business or organisation has staff, contractors or volunteers who work with children, you’ll come across the Working With Children Check (WWCC). It’s a key safeguard designed to help keep young people safe - and for employers, getting it right is essential.
Whether you’re launching a childcare service, running sports programs, hosting kids’ parties or engaging youth mentors, clear processes around screening, training and record-keeping will set your business up for success.
In this guide, we explain what a WWCC is, when it’s required, how the process works, and what employers should do to stay compliant across Australia. We’ll also cover the core legal documents and practical steps that help you build a safe, trusted workplace.
What Is a Working With Children Check?
A Working With Children Check (WWCC) is a background screening conducted by a state or territory authority to assess whether a person is suitable to work or volunteer with children under 18. It typically involves checking an applicant’s criminal history and other relevant records, and it may include ongoing monitoring during the life of the clearance.
Terminology and details vary across Australia:
- New South Wales: Working With Children Check (WWCC)
- Victoria: Working With Children (WWC) Check
- Queensland: Blue Card
- Other jurisdictions use similar checks with local naming and rules
Validity periods also differ by jurisdiction. As a general guide, clearances range from around two to five years (for example, Queensland’s Blue Card is two years, while NSW and Victoria are commonly five years). Always check the current rules in your state or territory.
When Does a Business Need a WWCC?
If your workers (paid, unpaid or contracted) are engaged in child-related work, a WWCC is generally required. “Child-related work” is defined by each jurisdiction, but usually covers roles where people have direct contact with children as part of their duties, often in supervised or unsupervised settings.
Examples include:
- Childcare, out-of-school-hours care, early learning and education programs
- Sporting clubs, coaching, camps and holiday programs
- Health and allied health services that work with children
- Religious organisations and youth groups
- Children’s entertainment, play centres and family venues
- Tutoring, mentoring, counselling or community services for young people
Not every role in a mixed-age business will be child-related. However, if any position involves contact with kids as part of its usual duties, assume a check may be required and verify against your local legislation. When in doubt, it’s safer to build WWCC checks into your onboarding process and seek advice tailored to your operations.
How Does the WWCC Process Work?
The exact process differs by state and territory, but the key elements are similar.
1) Application and Identity Verification
The worker applies online or in person via the relevant authority and provides identity documents. Some jurisdictions differentiate between paid and volunteer applications.
2) Screening and Assessment
Authorities review criminal history and other relevant records to assess whether the person poses a risk to children. In some cases, additional information may be requested.
3) Outcome and Validity
If cleared, the worker receives a clearance (or card/number) valid for the period set in that jurisdiction. If they are not cleared, they are typically barred from child-related work.
4) Ongoing Monitoring
During the validity period, many authorities continue to monitor new charges or relevant information and can suspend or cancel a clearance if risks arise.
Starting Work: Check Your Local Rules
Commencement rules differ. Some jurisdictions require a valid clearance before any child-related work begins, while others permit limited, supervised work once an application is lodged. Confirm the position in your state or territory and set your onboarding policy accordingly.
Employer Compliance: What Should You Put In Place?
As an employer, WWCC compliance is an ongoing obligation - not a one-off check. A clear, simple system helps you meet your duties and protect young people in your care.
Verify Everyone Who Needs It
Confirm whether each role is child-related and verify the worker’s clearance status before they commence (or in line with your local commencement rules). Keep a copy of the clearance number and any status updates on file.
Keep a Central Register
Maintain a WWCC register with each worker’s status, number and expiry date. Use reminders so renewals aren’t missed. Many businesses conduct quarterly or bi-annual internal audits to confirm everything is current.
Act on Changes Fast
Have a clear process for when a clearance is suspended, cancelled or expires. This might include removing the person from child-related duties pending further checks and documenting your decision-making.
Understand Reporting Duties
Some jurisdictions require employers to verify clearances and notify the relevant authority about certain conduct or findings. Reporting triggers and processes vary, so align your internal procedures with your local legal requirements.
Broader Child Safety Settings
Screening is one part of child safety. Build a culture of safety with training, an incident response process and a code of conduct for interacting with children. Employers also owe a duty of care to provide a safe environment through appropriate supervision and risk management.
Privacy and Record-Keeping
Handle personal information in line with privacy law. If you collect or store personal information about staff, volunteers or clients, publish a compliant Privacy Policy and secure your records appropriately.
Penalties and Risks
Consequences for non-compliance can be significant and may include fines, regulatory action and reputational harm. The most serious cases can lead to criminal liability. Strong processes, documented checks and staff training significantly reduce your risk profile.
Key Legal Documents And Policies For Child-Related Work
Your documents should reflect how your organisation actually operates. Tailored contracts and policies make compliance easier to follow day-to-day.
- Employment Contract: Set clear obligations to maintain a current WWCC, notify you of any status change and follow your child safety policies. Include grounds for suspension or termination where legal requirements are breached. Link your processes to a robust Employment Contract.
- Workplace Policies: Put in place a child safety policy, code of conduct, incident reporting procedure and staff training requirements. Housing these in a central policy or a Staff Handbook helps with consistency.
- Privacy Policy: Explain how you collect, use and store personal information about children and their guardians, as well as staff and volunteers. A compliant Privacy Policy should be accessible and kept up to date.
- Contractor or Volunteer Agreements: Mirror your WWCC and child safety obligations for non-employees and volunteers, including supervision and reporting pathways.
- Incident And Complaints Procedure: A clear, documented process for raising concerns, escalating issues and meeting any mandatory notification requirements in your jurisdiction.
Not every organisation needs every document, but most child-related businesses will require several of the above. Make sure your versions match your local legal requirements and your actual day-to-day practices.
Setting Up Or Running A Child-Related Business: Practical Steps
If you’re launching or scaling an operation that involves kids - from tutoring to sports or an early learning service - a simple checklist keeps you on track.
1) Map Your Services And Risks
Identify which roles are child-related and what safeguards are needed (supervision, training, sign-in procedures, incident response). This risk view informs your policies and staffing plan.
2) Choose Structure And Register
Decide whether to operate as a sole trader, partnership or company. If you want limited liability and easier scaling, many owners consider a company structure. Register any business name and align it with your branding - see the differences in business name vs company name when you’re planning your identity.
Most businesses will apply for an ABN to invoice, register for GST (if required) and interact with government systems. Whether an ABN is required depends on your circumstances - get tax advice if you’re unsure and consider the advantages and disadvantages of an ABN for your situation.
3) Check Industry Licences And Local Rules
Some sectors have additional regulatory requirements (e.g. education and care services). If you’re considering early learning or OSHC, review the broader licensing pathway described in our guide to a childcare business. For other industries, check council approvals, venue requirements and sector-specific standards.
4) Build WWCC Into Onboarding
Make WWCC (or your local equivalent) a mandatory step for relevant roles. Document how you will verify clearances, store records, set renewal reminders and handle status changes.
5) Put Core Contracts And Policies In Place
Prepare your workplace policies, employment and contractor terms, privacy settings and incident procedures before you start. Training staff on launch ensures your processes are followed from day one.
6) Train, Monitor And Improve
Offer child safety training at induction and refreshers during the year. Schedule periodic internal audits of your WWCC register, policies and incident logs. Adjust your processes as you learn.
Tips to Streamline Compliance
- Use a central register and calendar reminders for expiry dates.
- Assign responsibility for verification and renewals to a single role.
- Standardise onboarding checklists so nothing is missed.
- Keep your incident and escalation procedure simple and well-known.
- Document decisions and actions so you can show your compliance history.
Key Takeaways
- A Working With Children Check is a state/territory screening that helps ensure people in child-related roles are suitable to work with kids.
- Requirements, validity periods and commencement rules differ across Australia - build your onboarding process to match your local law.
- Employers should verify clearances, keep a central register, monitor renewals and respond quickly to status changes or reportable conduct.
- Child safety goes beyond screening - policy, training, supervision and a clear incident response pathway are all part of your duty of care.
- Tailored documents such as an Employment Contract, workplace policies and a Privacy Policy make day-to-day compliance practical and consistent.
- If you’re starting or scaling a child-related business, plan your structure, licensing, WWCC processes and safety settings before launch.
If you would like a consultation on setting up a child-related business or navigating Working With Children Check requirements, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
