Australia to close loophole in working with children checks after states agree reforms
Australia to close loophole in working with children checks after states agree reforms

All Australian states and territories have agreed to introduce reforms by the end of the year to close a loophole that allowed potential child abusers to work across jurisdictions, the federal attorney general has announced. Michelle Rowland said the 'long-overdue reform' would ensure that those banned from working with children in one state or territory are banned in all.

There are approximately six million working with children checks (WWCCs) across Australia, each subject to a bespoke scheme in each jurisdiction. Rowland said these systems 'do not talk to one another', creating a loophole that 'nefarious individuals' could exploit. She described the situation as 'absolutely horrific' and said perpetrators are 'smart' and will look for ways to game the system.

After initially suggesting it could take a year to implement the necessary information-sharing arrangements, Rowland said all jurisdictions agreed to accelerate delivery by the end of 2025. The attorneys general also agreed to introduce stricter criteria for granting WWCCs and to improve information sharing to ensure changes to criminal history are captured and shared in near real time. Work on a 'national continuous checking capability' has been under way at the Australian Criminal Intelligence Commission since 2023, with a pilot program due for completion by the end of the year.

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However, Rowland ruled out a move to a national WWCC system, citing time constraints and the fact that states and territories administer their own schemes. Instead, the focus is on consistency between jurisdictions, with individual state schemes 'talking to one another'. The 2015 royal commission into child abuse had urged a shift to a national system, and a 2022 Victorian ombudsman report highlighted serious flaws with the state's WWCC system.

The issue has come under renewed scrutiny after a Melbourne childcare worker was charged with more than 70 offences relating to eight alleged victims, despite having a valid WWCC. Prime Minister Anthony Albanese described the system as 'hopeless' and a 'wake-up call' for state and territory governments. Shadow education minister Jonathon Duniam welcomed the expedited timeline but called for a 'truly national' system, while the Greens' early childhood education spokesperson Steph Hodgins-May said a national system was the 'bare minimum'.

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