Entertainment & Arts Law · Privacy, Image & Child Performers
Working with children checks in the performing arts.
If your production involves children, the adults around them usually need a Working With Children Check. Here is how the NSW regime works.
By Aaron Kernaghan · Brady & Associates Lawyers · 13 September 2026
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.
A Working With Children Check is a screening and monitoring process for adults who work with children. In New South Wales it is governed by the Child Protection (Working with Children) Act 2012 (NSW) and administered by the Office of the Children's Guardian. A person in child-related work generally must hold a valid clearance.
This is different from the authority to employ children, which sits on the employer of a child performer. The Working With Children Check sits on the adults who work with children. A production involving child performers can need both: the employer's authority to employ children, and clearances for the adults around them.
Who needs a check
A clearance is needed by adults engaged in child-related work, which the Act defines as work involving direct contact with children that is part of, or more than incidental to, the work. In a production with child performers, that can reach directors, chaperones, tutors, and others who work directly with the children. Whether a particular role is child-related work depends on the nature of the contact.
How the clearance works
An individual applies for the check, which involves a national criminal history and relevant misconduct assessment, and ongoing monitoring. A clearance is valid for five years, unless it is revoked. Employers in child-related work must verify each worker's clearance and record it. Engaging a person in child-related work without a valid clearance is an offence.
The difference from the authority to employ children
The authority to employ children, under the child employment rules, is held by the employer who casts and directs child performers and governs how the children are employed. The Working With Children Check is held by the individual adult and governs whether they are cleared to work with children at all. A production may need to arrange both, and confusing the two is a common error.
Other states
Each state and territory runs its own working with children check scheme under its own legislation. A clearance in one state does not automatically cover work in another. A touring production with child performers needs to check the requirements of each jurisdiction it works in, and allow time, because clearances are not issued instantly.
Frequently asked.
Who needs a Working With Children Check on a production?
Adults engaged in child-related work, meaning direct contact with children that is part of, or more than incidental to, the work. That can include directors, chaperones and tutors who work directly with child performers.
How long does a NSW clearance last?
Five years, unless it is revoked by the Children's Guardian. Employers must verify and record each worker's clearance.
Is a Working With Children Check the same as the authority to employ children?
No. The authority to employ children is held by the employer of the child performer. The Working With Children Check is held by the individual adult who works with children. A production may need both.
Does a check from one state work in another?
Not automatically. Each state and territory has its own scheme. A touring production must meet the requirements of each jurisdiction it works in.
Is it an offence to work without a clearance?
Yes. Engaging in child-related work without a valid clearance is an offence under the Child Protection (Working with Children) Act 2012 (NSW), with penalties.
If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.