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Australia-wide working with children check system could take a year to set up, attorney general says States and territories agree to ‘long overdue’ reforms to working with children checks by year’s end, attorney general says
(about 4 hours later)
Labor under pressure to overhaul checks system for childcare workers, which the prime minister described as ‘hopeless’ Michelle Rowland says ‘consistency’ across jurisdictions will ensure workers banned in one state or territory are ‘banned in all’, but rules out national scheme
A national working with children’s check system could take up to 12 months to set up, the federal attorney-general said, as Anthony Albanese decried the current industry safeguards as “hopeless”. Follow our Australia news live blog for latest updates
Ahead of a meeting of the nation’s attorneys-general on Friday, Michelle Rowland said the group’s “most immediate and urgent” priority was to create a system that ensured those working with children who were “banned in one” state were “banned in all”. Get our breaking news email, free app or daily news podcast
But she admitted it could take a year to put the necessary information-sharing arrangements in place. All states and territories have agreed to introduce reforms by the end of the year to close a “loophole” which allowed potential child abusers to work across jurisdictions, the federal attorney general has announced.
“I would like to think this is something that is certainly capable of being done within certainly the next 12 months,” Rowland told ABC Radio National on Friday morning. “If we can have a better sense of that following today’s meeting, that would be a good thing.” Following a meeting of state and territory attorneys general on Friday, Michelle Rowland announced the “long-overdue reform” to create a system that ensured those working with children who were “banned in one” jurisdiction were “banned in all”.
Working with children checks are administered at the state level, but a string of cases of alleged child abuse at daycare centres has prompted calls to establish a national system. “There are some 6m … working with children checks around Australia, and each of them is subject to a bespoke scheme in each state and territory – they are systems that do not talk to one another,” Rowland said.
She said the delay was due to fragmentation, “complex” IT systems and different laws and regulations in each state and territory. She said this created a “loophole”, which “nefarious individuals” were able to “exploit”.
“They need to make sure that they can affect those legislative changes they need to ensure that their IT systems are brought up to scratch,” Rowland said. “But again, the fact that we’re coming together today with the intense desire to make sure that we achieve a better system, is what Australians are looking for.” Sign up: AU Breaking News email
In 2015, the royal commission into child abuse delivered a specific report on working with children checks (WWCCs) and urged shifting to a national system. A Victorian ombudsman report in 2022 also highlighted “serious flaws” with the state’s WWCC system and urged several reforms, which are yet to be implemented. “It is absolutely horrific what has happened, it should never have happened,” Rowland said.
“But we know that these perpetrators are smart, they will look at ways to be able to game the system, so that is why we are taking a comprehensive approach, working as a team to make sure that we get this done, so that we can prevent this from happening in future.”
After initially suggesting it could take a year to put the necessary information-sharing arrangements in place to introduce the reforms, Rowland told reporters all jurisdictions agreed to “accelerate delivery” by the end of 2025.
She said the attorneys general also agreed to introduce stricter criteria on granting working with children checks (WWCCs) and to better information sharing to “ensure that changes to criminal history are captured and shared in near real time”.
Work on the latter, known as “national continuous checking capability”, has been under way at the Australian Criminal Intelligence Commission since 2023, with a pilot program to be complete by the end of the year.
However, Rowland said there would not be a move to a national working with children check system.
Instead, she said there was a focus on “consistency” between state and territories.
“The key issue there is time – we do not have a national scheme, and the states and territories administer those schemes,” she said.
“We are looking at a way in which we can get the most efficient outcome, and that is by individual state schemes talking to one another.”
In 2015, the royal commission into child abuse delivered a specific report on working with children checks and urged shifting to a national system. A Victorian ombudsman report in 2022 also highlighted “serious flaws” with the state’s WWCC system and urged several reforms, which are yet to be implemented.
But the issue has come under renewed scrutiny in recent months after Melbourne childcare worker was charged with more than 70 offences relating to eight alleged victims in his care.But the issue has come under renewed scrutiny in recent months after Melbourne childcare worker was charged with more than 70 offences relating to eight alleged victims in his care.
At the time of his arrest in May, the employee had a valid working with children’s check, despite his employment being terminated by several centres.At the time of his arrest in May, the employee had a valid working with children’s check, despite his employment being terminated by several centres.
There have been several media reports since of glaring issues with the regulation of the WWCCs since.There have been several media reports since of glaring issues with the regulation of the WWCCs since.
On Friday, the prime minister was asked why an ABC report earlier in the week – about a male childcare worker accused of grooming children and later banned from working in childcare – had not led to his working with children check being revoked.On Friday, the prime minister was asked why an ABC report earlier in the week – about a male childcare worker accused of grooming children and later banned from working in childcare – had not led to his working with children check being revoked.
“[The system is] hopeless, and we need to do better. Quite clearly. And these revelations are a wake up call for state and territory governments in terms of the regulations, but also the Commonwealth,” Albanese told ABC Radio Melbourne.“[The system is] hopeless, and we need to do better. Quite clearly. And these revelations are a wake up call for state and territory governments in terms of the regulations, but also the Commonwealth,” Albanese told ABC Radio Melbourne.
The opposition leader, Sussan Ley, said the delay was “completely unsatisfactory”.
“The PM has talked a big game on fixing these issues but 12 months to deliver this isn’t good enough,” she said in a statement.
“We need stronger leadership on this issue, and the states and territories must be forced to act faster,” she added.
The shadow attorney-general, Julian Leeser, said, “Asking mums and dads to wait for a year just doesn’t meet community expectations.”
Since the Victorian allegations were made public, the federal government has fast-tracked legislation through parliament to cut funding to childcare centres that fail to meet safety standards.Since the Victorian allegations were made public, the federal government has fast-tracked legislation through parliament to cut funding to childcare centres that fail to meet safety standards.
Education minister Jason Clare announced on Friday that his department had initiated compliance actions against 30 early childhood education and care services identified by the department as having failed to meet national quality standards “over seven or more years”. The education minister, Jason Clare, announced on Friday that since the laws passed, his department had initiated compliance actions against 30 early childhood education and care services identified by the department as having failed to meet national quality standards “over seven or more years”.
The enforcement actions don’t relate to child abuse or criminal allegations – but go to issues including play area safety, hygiene, staff training and supervision.The enforcement actions don’t relate to child abuse or criminal allegations – but go to issues including play area safety, hygiene, staff training and supervision.
The 30 centres have 48 hours to tell parents about the actions, and the names of the centres will be published by the department on Tuesday. They then have six months to improve their standards, or risk having their access to the childcare subsidy suspended or cancelled.The 30 centres have 48 hours to tell parents about the actions, and the names of the centres will be published by the department on Tuesday. They then have six months to improve their standards, or risk having their access to the childcare subsidy suspended or cancelled.
The Victorian government, meanwhile, has ordered an urgent review of childcare safety, led by former South Australian premier Jay Weatherill and senior bureaucrat Pamela White. Their report, which is expected to recommend reforms to WWCCs, is due to be handed to government on Friday. The Victorian government, meanwhile, has ordered an urgent review of childcare safety, led by former South Australian premier Jay Weatherill and senior bureaucrat Pamela White.
Their report, which is expected to recommend reforms to WWCCs, is due to be handed to government on Friday.