The Working With Children Check applies to all people seeking to work in child-related employment. These checks are mandatory.
All OSHC Services must register as employers for this process – has your service registered?
More information is available on: www.kids.nsw.gov.au/check/intro.html
Child-related employment is any work (paid or unpaid) of the following kinds that involve direct and unsupervised contact with children this includes OSHC Services.
Please ensure all staff and volunteers complete a working with children check.
You can contact the NSW Commission for Children and Young People ‘Working With Children Check’ section on: (02) 9286 7219
Or Fax: (02) 9286 7201 Or Email: check@kids.nsw.gov.au
If you have any questions you can always call Network on: (02) 9212 3244
Working with Children Check updates are published every three months by email.
To join the email list subscribe online when you go to the website listed above.
National Standards for OSHC can be downloaded here (PDF file - 96KB) 
Association Incorporation Act 1984
- This act allows individual associations to create a legal identity so that individual members are given a legal framework to operate from.
- All centres operating as an incorporated association should have a constitution or adopt some rules for the association. Management committee members have a responsibility to act in the best interests of the association and appoint a public officer.
- Access a copy from the NSW Office of Fair Trading: Business Ph: (02) 9895 0111 or 1300 723 404 www.fairtrading.nsw.gov.au
Child Protection (Prohibited Employment) Act 1998
- It is a mandatory that all people working with children complete a working with children check (WWCC). This law is about preventing unsuitable people to be employed to work with children.
- Services must register and carry out a WWCC on all paid staff employees. Any volunteers must also complete the WWCC forms however; these do not need to be sent off to the authorised screening body. It is a statuary declaration and penalties apply if not filled in with total honesty.
- Access a copy from the NSW commission for children and young people Ph: (02) 9286 7276 www.kids.nsw.gov.au
Children Young Persons (Care and Protection) Act 1998
- This act is about protecting and preventing child abuse. Anyone working with children is covered by this law and is a mandatory reporter. This means individuals have the responsibility to report abuse occurring or if suspecting abuse. Penalties apply if found to be negligent in this responsibility.
- OOSH Management have an obligation to inform staff of their obligations under this act and provide the relevant information to support them in their role (Mandatory Reporting Kit). It is essential for staff to be undergoing Child Protection training.
- Access a copy from the Department Of Community Services Ph: (02) 9716 2222 www.community.nsw.gov.au
Industrial Relations Act 1996
- This act provides a framework for the conduct of industrial relations in NSW. Employees have the right to be paid according to the appropriate award and conditions adhered to.
- All centres are required to have a copy of the appropriate award on site and abide by its minimum requirements.
- Access a copy from the Office Of Industrial Relations NSW Department of Commerce Ph: 131 628 www.industrialrelations.nsw.gov.au
NSW Food Act 2003
- This act sets out standards for people who prepare food as part of a business. It is there to ensure food is both safe and suitable for human consumption. It stipulates food handling, and food preparation and storage of food.
- Under the NSW Food Act 2003 all food-handling businesses in NSW, including OOSH are required to “notify” their details to the NSW Food Authority. There is no charge to do this online, go to: www.foodnotify.nsw.gov.au. It is also recommended that staff undergo some training in this area.
- Access a copy from the NSW Food Authority Ph: 1300 552 406 www.foodauthority.nsw.gov.au
Occupational Safety Act 2000
- OH&S is about safety in the workplace and emphasises that everyone has an individual responsibility. This means individuals taking the necessary steps to prevent accidents and report them.
- Each OOSH centre should have policies and procedures in place to ensure hazards are recorded and acted on. OH&S issues should be regularly discussed at staff meetings. Staff should also attend OH&S training.
- Access a copy from Workcover NSW Ph: (02) 4321 5000 www.workcover.nsw.gov.au
Privacy and Personal Information Protection Act (NSW) 1998
- This act sets out standards for the lawful collection of information necessary to the organisations activities. Individuals have a right to know why the information is being collected and who has access to it. All information needs to be secured appropriately.
- OOSH centres will need to have a policy and notify families how they intend to use the information. It is recommended that a Privacy Statement be on display at the centre.
- Access a copy from Lawlink NSW Ph: (02) 9228 8585 www.lawlink.nsw.gov.au
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