Today’s correspondent is

… a paramedic employed in Victoria by Ambulance Victoria. I currently work in a border town and often find myself transporting patients to a hospital located in NSW as well as, occasionally attending cases in NSW. 

We are only required (by AV) to have a Victorian Working With Children Check (WWCC). Should we also be getting a NSW WWCC? 

The NSW WWCC is governed by the Child Protection (Working with Children) Act 2012 (NSW). Under that Act (s 6) ‘child related work’ means ‘work referred to in subsection (2) that involves direct contact by the worker with a child or children and that contact is a usual part of and more than incidental to the work’.  The list in subsection 2 includes children’s health services. Health services include ambulance services (Child Protection (Working with Children) Regulation 2013 (NSW) r 6)).  We can accept without further discussion that a paramedic providing ambulance services to a child in NSW is engaged in ‘child related work’. 

Section 8(1) says:

A worker must not engage in child-related work unless–

(a) the worker holds a working with children check clearance of a class applicable to the work, or

(b) there is a current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work.

Prima facie then a Victorian paramedic does require a NSW WWCC unless they are ‘exempted by the regulations from the requirement to hold a clearance’ (s 8(3)(b)). Exemptions are provided for in regulation 20. Relevantly that regulation says 

The following workers engaged in child-related work (and employers of those workers in that capacity) are exempt from the Act …

(l) a health practitioner who is working in and visiting New South Wales from outside the State, if the period of work does not exceed a total of 5 days in any period of 3 months

A health practitioner is ‘a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW)’ and therefore includes a paramedic (r 6). 

The following workers are also exempt:

(n) a worker who is working in and visiting New South Wales from outside the State for the purposes of child-related work (other than a worker referred to in paragraph (l) or (m)), if the worker is the holder of an interstate working with children check in the jurisdiction in which the person ordinarily resides, or is exempt from the requirement to have such a check in that jurisdiction, and the period of the child-related work in New South Wales does not exceed a total of 30 days in any calendar year,

That provision (r 20(1)(n)) recognises an inter-state equivalent but does not apply to interstate health workers and still has a significant time limit.

The Act (s 25A) provides for ‘Mutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances’.  If a person from Victoria has their application for a WWCC refused, or their WWCC cancelled, NSW will recognise that decision and refuse or cancel any NSW WWCC. The Act does not, however provide for mutual recognition of any WWCC granted by Victoria.

What follows is, in my view, is unless the time limited exemption in r 20(1)(l) applies, an interstate WWCC is not sufficient. Further that is not, in my view, an oversight rather s 25A and rr 20(1)(l) and (n) show that this is an explicit legislative intention. 

Conclusion

The answer depends on how often you transport children to, or from NSW or respond to cases involving children in NSW.  If it is more than 5 days in any three-month period you need a NSW WWCC.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.