News · Criminal law explainer
Criminal charges and the Working with Children Check.
For anyone who works or volunteers with children, a criminal charge raises an immediate question about their Working with Children Check. This check is different from an ordinary police check, and it can be affected by more than a conviction. This note explains how the check works, which offences matter most, and why advice is important if your work involves children.
By Aaron Kernaghan · Published 3 September 2026
A Working with Children Check in NSW goes beyond a standard police check. It considers convictions, some findings of guilt without conviction, and certain pending charges, and it is an ongoing check. Some serious offences automatically bar a clearance, while others trigger a risk assessment. If your work involves children and you are charged, get advice early, because the check can be affected even without a conviction.
What is a Working with Children Check?
A Working with Children Check in New South Wales is a screening check for people who work or volunteer in child-related roles. It is administered by the Office of the Children's Guardian, and it results in a clearance or a bar. Unlike a one-off police check, it is an ongoing check that continues to monitor a person's record.
The check is required for many roles in education, childcare, health, sport, and religious and community organisations. It is central to being able to work in those areas.
What does it consider?
The check considers more than convictions. It can take into account findings of guilt even where no conviction was recorded, certain pending charges, and other information, not just a standard police check history. This is why a section 10 that would not show on an ordinary check can still be relevant here.
The check is focused on risk to children, so it looks at a wider range of information than an ordinary employment check.
Which offences bar a clearance?
Certain serious offences are disqualifying, meaning a conviction, and in some cases a charge, automatically bars a clearance. These are the most serious offences against children and some other serious offences. Other offences do not automatically bar a person but trigger a risk assessment, where the Children's Guardian weighs whether the person poses a risk to children.
So the effect of a charge depends on the offence: some are automatic bars, others are assessed. The details are set by the legislation and the schedules of offences.
What happens if you are charged?
Because the check is ongoing, being charged with a relevant offence can trigger action, including an interim bar in some cases, even before the charge is decided. That can affect your ability to work in a child-related role while the matter is on foot.
This makes early advice important. The outcome of the criminal case, and the way it is resolved, can directly affect the check, so the two need to be handled together.
Why advice matters
If your livelihood depends on working with children, a charge is not just a criminal matter; it is a threat to your career. The criminal outcome, whether a conviction is recorded, and the facts, can all feed into the check. Getting a good result in the criminal case can protect the clearance.
Tell your lawyer early that your work involves children. It can shape how the case is run and what is argued. Our notes on records and work and section 10 explain the wider consequences.
Frequently asked.
Does a Working with Children Check consider more than convictions?
Yes. It can take into account findings of guilt without conviction, certain pending charges, and other information, not just a standard police check history, because it is focused on risk to children.
Can a section 10 affect a Working with Children Check?
Yes. A section 10 that would not show on an ordinary police check can still be relevant to a Working with Children Check, because the check considers findings of guilt without conviction.
Which offences bar a clearance?
Certain serious offences, especially against children, are disqualifying and automatically bar a clearance. Other offences trigger a risk assessment where the Children's Guardian weighs the risk to children.
What happens to my check if I am charged?
Because the check is ongoing, a charge for a relevant offence can trigger action, including an interim bar in some cases, even before the charge is decided, affecting your ability to work in a child-related role.
What should I do if my job involves children and I am charged?
Get advice early and tell your lawyer your work involves children. The criminal outcome can directly affect the check, so the two need to be handled together.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.