First Nations thoughts and perspectives have been heard as New South Wales reviews of its Working with Children Check legislation.

The state Office of the Children's Guardian is examining its Working with Children Act as a 'fit-for-purpose' framework for child safety, while also acknowledging barriers already faced by Aboriginal and Torres Strait Islander people.

The review is "an important opportunity to address operational and systemic barriers, both through legislative and non-legislative changes," Deputy Children's Guardian and Ngemba and Gamilaraay woman Bianca Dufty told National Indigenous Times.

In September 2025, the state government made urgent reforms to the Child Protection (Working with Children) Act prompted by a number of high-profile cases of adults child-related across the country being charged or convicted of serious offences involving children.

Among amendments made were changes meaning people barred from working with children in other states and territories are also barred in NSW, and making the Office of the Children's Guardian (OCG) the sole authority able to review an individual's appeal of a Working with Children Check (WWCC).

Two months later, the NSW OCG opened public consultations in addition to the release of a discussion paper for a review of the legislation underpinning the state's WWCC.

Independent Aboriginal agency Cox Inall Ridgeway have led in-person consultation sessions with OCG and Aboriginal and Torres Strait Islander communities across the state.

Online sessions have also taken place.

Ahead of the meetings, OCG outlined the importance of Aboriginal organisations, communities and young peoples' perspectives being heard within a review which may lead to how decisions are made, who might need a WWCC, and how key terms are defined.

"The OCG will be collecting feedback from stakeholders through submissions and meetings with stakeholders throughout the review process. This collected feedback will be considered in the OCG's report on the review of the WWC Act with recommendations for the NSW Government's consideration," OCG's review discussion paper states.

For example, the review has asked the public to consider if online contact should count as child-related work, whether co-workers or supervisors of people under 18 years old, or taxi and rideshare drivers who could have young passengers should need a WWCC.

Already though, barriers existed for some First Nations people when it came to obtaining one.

"We recognise that Aboriginal and Torres Strait Islander peoples experience barriers when engaging with the WWCC - from identification requirements to digital access, through to the broader impacts of systemic disadvantage," Ms Dufty said.

Ms Dufty commenced the role of Deputy Children's Guardian in February.

OCG's review discussion paper identifies and acknowledges a number of matters directly relating to Aboriginal and Torres Strait Islander people, including;

- Disproportionate contact with the justice system and increased likelihood to undergo risk assessment in WWCC processes.

- Youth employment barriers.

- Long-standing criticism of the appropriateness of applying the WWCC scheme to relative and kinship carer contexts, and proposed exemptions with reference to out-of-home care.

- Potential disproportionate impact on Aboriginal and Torres Strait Islander people in relation to the option to include domestic violence offences and ADVOs as risk assessment triggers.

"We've heard clearly from Aboriginal communities and organisations that the system doesn't always work as intended for our communities. This review is an important opportunity to address operational and systemic barriers, both through legislative and non-legislative changes," Ms Dufty said.

Feedback from Aboriginal Organisations and communities have directly informed several review options, OCG said, including;

- Considerations for relative and kinship carers (with requirement still to undergo other checks) which could reduce delays in culturally-connected OOHC placements.

- Expanding Continuing Residence Approvals eligibility to reflect multi‑generational living structures.

- A look at application assessments; including what records will require a risk assessment such as domestic and family violence records.

On relative and kinship carers, the Deputy Children's Guardian said while exemptions "could help children remain connected to family, country and culture", "we also need to balance this with the WWCC's continuous monitoring, which is a key safeguard",

With regard to risk assessments, Ms Dufty added: "We know Aboriginal people are more likely to have interactions with the justice system for a range of historic and systemic factors. This means risk assessments need to be nuanced and culturally informed."

Overall, the paramount consideration in the review is "safety, welfare and well-being of children" while also considering a balance for connection to family, culture and Country as an important piece of the review.

Aboriginal-led sessions took place in Tamworth and Dubbo in the second half of February, before being hosted in Lismore on March 3 and 4, and later Albury on March 6.

March 10 is the final day consultations can be held.

"The OCG recognises the impacts of the WWCC on Aboriginal and Torres Strait Islander families and communities, as well as the important role it plays in helping children and young people grow up safe, strong and supported. This review will help ensure the laws remain effective, fair, and child-focused," Cox Inall Ridgeway said.

Broader public online consultation opportunities closed February 27.