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(NSW) Bar Child Sex Offenders from Working Alongside Children
- Federico Canas Velasco
- Sep 30
- 7 min read
Updated: Nov 12
Author: Federico Canas Velasco | Publish date: 30/09/2025
TW: Child sexual abuse, harassment and safety.
Problem Identification:
In NSW, individuals are not required to obtain a Working with Children Check (WWCC) to work in businesses where children are employed.
Under section 6(2) of the Child Protection (Working with Children) Act 2012 (NSW) (The Act), ‘child-related work’ includes activities in places such as education, childcare, child health services, clubs or associations for children, and other services ‘primarily for children.’ However, the definition does not extend to businesses or other undertakings where children are employed (e.g. retail and fast-food sectors), but which do not primarily provide services to children.
According to The McKell Institute, this means that individuals who have been charged with or convicted of child sexual offences can still be employed alongside children where they may regularly interact with them, supervise them, or even be left alone with them. The Shop, Distributive and Allied Employees' Association (SDA) (the union for retail, warehousing and fast-food workers) has noted that this may expose children to a high risk of harm in workplace environments.
Context:
WWCC refers to the screening process conducted by the Office of the Children's Guardian (OCG) and is required for ‘adults who work or volunteer in child-related work in NSW.’ The OCG reviews national criminal history and workplace misconduct databases to assess whether an adult is safe to work or volunteer with children, granting either a 5-year clearance or barring them from child-related work.
Under schedule 2 of the Act, individuals convicted of sexual offences against children are automatically barred from obtaining a WWCC and hence prohibited from engaging in child-related work.
Research from the McKell Institute has highlighted that child sex offenders often seek employment in ‘high-demand and low-skilled roles' due to their limited prospects. They have reported that these types of roles are known to overlap with industries where children are most commonly employed. Across Australia, more than 500,000 children aged 17 and under are known to be employed, of which a significant number work in the retail, hospitality, and fast-food sectors. The McKell Institute has stated that many child workers are subject to ‘unnecessary risks’ in the workplace, as they are ‘often exposed to hours at work alongside adult co-workers, sometimes in vulnerable, late-night settings’.
The McKell Institute has highlighted that known child sex offenders can legally work alongside children. For example, in 2022 the ABC reported the case of Brendan Nazer, who ‘pleaded guilty to multiple accounts of possessing child exploitation’. However, they then detailed how he ‘continued to work at a McDonald's outlet until he was sentenced, and later moved on to a Coles supermarket, where many of his colleagues were under 18.’ The McKell Institute has noted that without WWCC screening, ‘there are currently no specific protections’ preventing high-risk individuals from accessing young workers.
Furthermore, it is known that children are already ‘particularly vulnerable’, as they are ‘likely to perceive they have less power than older workers regardless of workplace hierarchy.’ Safe Work Australia has stated that ‘this power imbalance places them at a higher risk of … sexual and gender-based harassment, as well as child sexual abuse.’ The McKell Institute has further said that existing work health and safety legislation has been ‘inadequate in protecting young workers from potential abuse at work.’
It is known that this ‘loophole’ can undermine the purpose of the WWCC Scheme. The McKell Institute has stated that WWCCs ‘aim to prevent people from working or volunteering with children if records indicate that they may pose a risk.’ However, the SDA has said that this exclusion of certain service industries has created a ‘loophole’ that allows known child sexual offenders to work alongside children.
Advice/Solution Identification:
The NSW Minister for Families and Communities should amend section 6(2) of the Child Protection (Working with Children) Act 2012 (NSW) to introduce a new clause (n) under the definition of ‘child-related work’ that states 'businesses or undertakings in which children are employed,’ to require individuals to obtain WWCCs to work alongside children.
The McKell Institute and the SDA have called for this. The McKell Institute has stated that all states and territories should ‘replicate South Australia’s reforms to its sex offender registry legislation’. They emphasised that this change in legislation could ‘severely limit’ the ‘ability of child sex offenders to obtain employment alongside children’, and help to protect Australian children in the workplace.
Precedent:
There is domestic precedent for barring individuals with child sexual offences from working alongside children. In SA, they expanded the definition of child-related work to include ‘businesses or undertakings in which children are employed’.
Public Support:
News Coverage:
Blue Mountains Gazette - ‘Workplace protections from sex offenders needed: report.’ An article about a report by the McKell Institute highlighted the gaps in legislation that allow convicted child sex offenders to work alongside children. By: Fraser Barton | Fri Nov 26 2024 - Read the article here.
ABC News - ‘Child-sex offenders to be banned from workplaces employing children under SA law change.’ Tells the story of Nazer, who was able to work alongside children despite pleading guilty to multiple counts of possessing child exploitation material. By: Leah MacLennan | Tues July 4 2023 - Read the article here.
The Sydney Morning Herald - ‘‘No one was feeling safe’: Young McDonald’s workers walk off the job after claims of sexual harassment.’ Employees at McDonald's staged a walk-off after the company was accused of failing to adequately address a sexual harassment complaint made by a teenage worker. By: Simone Fox Koob | Thurs February 17 2023 - Read the article here.
Where to go to learn more:
The McKell Institute: Safety Not Guaranteed - This report serves as a key foundation for the brief, outlining an action plan to ensure child workplace safety. It presents evidence that child workers are not adequately protected, and that many young workers had experienced sexual harassment. Read the full report here.
The Shop, Distributive and Allied Employees' Association (SDA): Our Campaign to Keep Young Retail & Fast Food Workers Safe - This campaign advocates for reform to protect young workers in retail and fast-food, highlighting that the lack of mandatory WWCCs for adult co-workers creates a dangerous ‘loophole’ that allows child sex offenders to work alongside vulnerable minors. Their research is based on the Safety Not Guaranteed report by The McKell Institute. Read more about the campaign here.
Child Sex Offenders Registration Act 2006 (SA) - This act details the current SA legislation to prevent registered child sex offenders from engaging in child-related work. Section 64(1) contains the definition of ‘child-related work,’ with subsection (ka) including ‘businesses or undertakings in which children are employed.’ Find the SA definition here.
JADE - Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024 (SA) - This source details the changes made to SA law to prevent sex offenders from working with children by introducing a new clause into the legislation. Find the changes made to the Act here.
Child Protection (Working with Children) Act 2012 (NSW) - This act details the current NSW legislation to prevent registered child sex offenders from engaging in child-related work through the WWCC scheme. This legislation defines ‘child-related work’ in section 6(2), specifically listing various sectors and roles that involve working with or providing services directly to children, such as education, health, and child care. Find the NSW definition here.
Human Perspective:
Taylor, a 15-year-old high-school student, started a part-time job at her local supermarket and was excited to make some extra money and become more independent. She enjoyed spending time with her teenage co-workers, working evening and night shifts, and had always felt safe in this environment. However, this changed with the arrival of Nate, an older male employee, who made Taylor feel uneasy. Taylor had overheard numerous inappropriate comments he had made to her young co-workers and had been on the receiving end of them herself. She didn’t like the way he was always trying to get her alone in the storeroom and how persistent he was about offering her a ride home at the end of her shift. When talking to her friends at school, they recalled that they had worked with Nate at a local fast-food restaurant, and that they’d heard gossip that he’d been fired when the manager found out about his previous sexual offences against children. Taylor became unwilling to work night shifts, specifically to avoid being left alone with Nate. Although she would have loved the extra money, Taylor’s sense of safety had completely eroded, and she ended up quitting a month later. The independence her job once gave her was gone, replaced by a constant state of hyper-vigilance. She was no longer just a teenager earning money; she was someone who had to manage her safety, a burden she felt that she shouldn't have to carry. As the law does not ban child sex offenders from working in these industries, he was still able to get a job alongside young workers like Taylor.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences, and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/a
Support
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Reference list:
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Peterson, D., Brockington, J., Hellstrom, J. & Pascoe, J. (2021, October 19). Expert Advisory Panel's Review of the Wildlife Act 1975 Consultation Summary Report. The State of Victoria Department of Environment, Land, Water and Planning. https://engage.vic.gov.au/download/document/16019
The State of Victoria Department of Environment, Land, Water and Planning. (2018). The Authority to Control Wildlife (ATCW) system review: Consultation Response Summary. https://engage.vic.gov.au/download/document/3641
Victoria State Government. (2025, June 3). Wildlife management and control authorisations. https://www.vic.gov.au/wildlife-management-and-control-authorisations
Victoria State Government. (2021, July 1). Reforming Victoria's authority to control wildlife system. https://www.vic.gov.au/reforming-victorias-authority-control-wildlife-system
Victoria State Government. (2025, April 4). Authorities to Control Wildlife: 2024. https://www.vic.gov.au/authorities-control-wildlife-2024
Wildlife Victoria. (2021, June). Independent Review of the Wildlife Act 1975. https://engage.vic.gov.au/download/document/16081
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