NSW Application Restrictions and Information Powers for Working with Children Checks

Children's Guardian and Other Legislation Amendment Bill 2026

14 Aug 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

background checks child safety children's guardian overnight camps working with children check

Introduced by: The Hon Penny Sharpe MLC (ALP); The Hon Kate Washington MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

The Children’s Guardian can demand information from people or government agencies in any state to assess if someone is a risk to children.
People with a mutual recognition negative notice cannot apply for a working with children check clearance until the notice expires.
People whose clearances were cancelled due to specific interstate notices can now re-apply for a clearance.
The Children’s Guardian must refer employees to the Working with Children Check Unit for an interim bar if they pose a real risk to children.
Entities that primarily provide overnight camps for children become Schedule 1 entities from 1 October 2027.
The Children’s Guardian can delegate functions to officers in writing.

The Debate

What different members said when this bill was debated:

Natasha Maclaren-Jones LIB

“I indicate at the outset that the Opposition supports the Children’s Guardian and Other Legislation Amendment Bill 2026 and supports strong child safety laws. We recognise the importance of keeping those laws up to date so that there is a well-functioning regulatory framework that protects children and young people and is capable of dealing with risk wherever it arises.”

Official source →

Amanda Cohn GRN

“The Greens support the Children’s Guardian and Other Legislation Amendment Bill 2026, and I foreshadow that we will move amendments. I speak only briefly to the bill. As members can hear, I am struggling with my voice today. I make that comment for the benefit of Hansard so that future readers understand why my contribution to this debate is so short.”

Official source →

Penny Sharpe ALP

“I thank members for their input to debate on the Children’s Guardian and Other Legislation Amendment Bill 2026. There is broad agreement on the bill. I understand we will deal with one amendment during the Committee stage. I thank all of the excellent staff from the Department of Communities and Justice and from Minister Washington’s office who have done this work.”

Official source →

News articles and press releases

Children's Guardian and Other Legislation Amendment Bill 2026

Ms KATE WASHINGTON, Minister for Families and Communities — 2026-06-03

The bill also actions outstanding recommendations of the Report on the Statutory Review of the Children’s Guardian Act 2019, which was tabled in Parliament on 19 December 2024. The report made 23 recommendations to improve the operation of the Act and facilitate the functions of the Office of the Children’s Guardian. Implementation of those recommendations is a vital safeguard and mitigates risks to children and young people. The bill implements recommendation 23 of the statutory review report to enable the Children’s Guardian to delegate functions to authorised officers, excluding royal commissioner powers and the power of delegation itself, and recommendation 2 (a) to clarify the scope of the providers of overnight camps to be included in the Reportable Conduct Scheme.