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4.2 Child Protection (Working with Children) Act 2012 (NSW)

Note: In September 2025, the Child Protection (Working with Children) Act 2012 (NSW) was amended, along with several related Acts, to remove review rights to the NSW Civil and Administrative Tribunal. The effect of this is that policies 4.2.1 and 4.2.2 below are redundant.

4.2.1 - Proceedings in the NSW Civil and Administrative Tribunal

Legal aid is available to applicants for proceedings under Part 4 of the Child Protection (Working with Children) Act 2012 (NSW) in the NSW Civil and Administrative Tribunal.

To be eligible for legal aid the applicant must satisfy:

either

  • the applicant's employment or potential employment is affected by the clearance decision or disqualification, or
  • the applicant is an ‘authorised carer’ or prospective ‘authorised carer’, or
  • Legal Aid NSW is satisfied there are exceptional circumstances.

See Civil law guideline 4.4 on grants of aid for test cases.

4.2.2 - Appeals from a decision of the NSW Civil and Administrative Tribunal

Legal aid is available for appeals from a decision of the NSW Civil and Administrative Tribunal (NCAT) under Part 4 of the Child Protection (Working with Children) Act 2012 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test,
  • the Merit Test, and
  • it is a type of matter for which legal aid is available in the NCAT.