Working with children clearance review

The Children's Guardian who made the decision will tell you if your decision can be reviewed by NCAT.

You can apply to NCAT for a review within 28 days from the date you receive the decision from the Children's Guardian.

You can either present your own case to NCAT or have a lawyer or non-lawyer agent represent you. You will usually need to attend the hearing to give your instructions to your lawyer or agent.

• Your lawyer or agent needs complete a Notice of Representation and submit to NCAT in person or by post.
• Send a copy of the Notice to the Office of the Children's Guardian.
  

A non-lawyer agent must ask the Tribunal Member for permission to represent you at the next hearing. You should attend the hearing in case NCAT does not allow your agent to appear for you. A lawyer does not need to ask for permission from the Member.

Complete the Administrative review application form and pay the relevant application fee.

Include the following information with your application form:

• Your name, address and telephone number.
  
• Name of the government agency that made the decision you want reviewed (Office of the Children's Guardian)
  
• Date the original decision was made by the Office of the Children's Guardian and their reference number.
  
• Date you received the decision.
  
• Copy of the original decision (the letter sent to you by the Office of the Children's Guardian).
  
• A brief outline of why you think the decision is wrong.

Do you need a stay of the decision?

Applying to NCAT does not mean that you can participate in child related employment. You are committing an offence if you apply for, undertake or remain in child related employment before NCAT makes a final decision.

You can apply for a stay of the Children's Guardian decision until NCAT decides the case. A 'stay' is a temporary suspension of the decision to refuse or cancel your Working with Children Check clearance.

At the directions hearing, the Tribunal Member will give instructions to you and the Office of the Children’s Guardian on the steps that need to be taken to prepare the case for hearing.

You will be given a timetable to file your evidence with NCAT and give it to the Office of the Children's Guardian.

The Office of the Children's Guardian may ask you questions about your involvement with children and your background. This information will help the Children's Guardian to prepare for the hearing.

Look through the documents provided by the Children's Guardian.

Decide what further information NCAT will need when hearing your case.

At the directions hearing you may have been asked to file and serve a statement or affidavit from yourself or other witnesses. Learn more about evidence and witnesses​.

You must give a copy of any statements or other documents that you want to rely on to the Tribunal and to the other party by the deadline given to you at the directions hearing.

NCAT's hearings are less formal than court hearings. A Tribunal Member will hear your case.

When NCAT reviews an administrative decision, the respondent (the government agency) will usually give its evidence first. After the agency has given its evidence, the applicant will present his or her evidence. In these cases the Tribunal’s role is to decide whether the administrator made the correct decision.

In some cases, the Tribunal Member will be able to give you their decision at the end of the hearing. However, in most cases the member will need time to consider the case and will give their decision at a later date. You will usually receive the decision in less than three months. Complex matters may take longer. 

NCAT can make various decisions including:

• affirming the government agency's decision (stating that the original decision is correct);
• reversing the decision completely or in part;
• substituting a new decision for the original decision; or
• ordering the government agency to reconsider the decision.

You will receive a letter telling you of the decision that NCAT has made.

Working with Children Check cases are subject s 126 of NCAT Act which prohibits the publication or broadcasting of the name of (or any other information that may identify) the applicant, witnesses and children the subject of the application.

For more information about the publication of the name of a party or witness, read the ​Guideline - Confidentiality, privacy and publication [PDF ​58​kB].