The Working with Children Check (‘WWCC’) retrieval provides a digital version of a WWCC, issued by the Office of the Children’s Guardian. The digital version can be used to generate a QR Code. The QR Code can be scanned by parents or carers, using their mobile phone, to verify the holder has a current WWCC. In these terms and conditions, this is referred to as the ‘QR Code verification process’.
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A parent or carer is not required to verify a WWCC, however it is recommended. The use of the WWCC retrieval and the QR verification process is one method for a parent or carer to verify a check of a worker. A parent or carer can also verify a check of a worker on the website of the Office of the Children’s Guardian. When a parent or carer checks a worker’s WWCC, they will only be notified of the expiry of the WWCC and the type of clearance (volunteer or employee). No other or further status updates will be provided.
When an employer checks a worker’s WWCC, the employer will only be notified of the expiry of the WWCC and the type of clearance (volunteer or employee). No other or further status updates will be provided to the employer.
Use of the WWCC retrieval and its verification using a QR Code is conditional on the Terms and Conditions set out below. Please read the following terms and conditions carefully.
1. WWCC retrieval eligibility
1.1 You are eligible to retrieve a WWCC which can generate a QR Code if you:
- 1.1.1. Have or are able to obtain a MyServiceNSW account, and agree to the terms and conditions of a MyServiceNSW account and the Service NSW mobile app; and
- 1.1.2. Have or will link your MyServiceNSW account to WWCC; and
- 1.1.3. Hold a valid WWCC.
1.2. Your electronic WWCC is only valid for as long as you hold a current WWCC that has not been cancelled or expired.
1.3. Service NSW reserves the right to disable your digital WWCC and terminate any access granted to you if:
- 1.3.1. You have breached these Terms and Conditions;
- 1.3.2. Your WWCC has been surrendered, cancelled, or suspended.
2.1. Service NSW and the Office of the Children’s Guardian handle your personal information in accordance with all applicable privacy laws (including the Privacy and Personal Information Protection Act 1998). The privacy management plans of Service NSW and the Office of the Children’s Guardian are available on the organisations’ respective websites. The Privacy Collection Notice explains the collection, use and disclosure of personal information in connection with the WWCC check retrieval and the QR Code verification process.
3. Use of the electronic WWCC to generate a QR Code
3.1. You understand and agree that:
- 3.1.1. You must ensure your phone screen or other electronic device is not cracked, shattered or otherwise affected by any damage that may prevent your WWCC from generating a QR Code which can be scanned when presented for verification;
- 3.1.2. You must ensure your phone or other electronic device is working and sufficiently charged so that the QR Code can be scanned; and
- 3.1.3. You must not fraudulently use or allow another person to use your WWCC.
3.2. You must immediately cease using the electronic WWCC to generate a QR Code upon:
- 3.2.1 Your WWCC expiring, being suspended or cancelled;
- 3.2.2 Having the electronic WWCC disabled by Service NSW.
3.3 You are not required to give or hand over your mobile phone or other electronic device on which the QR Code is displayed to an employer seeking to verify your WWCC. However, you must enable an employer to scan the QR Code, using their phone.
4. Variation to form and content of the WWCC and the QR code verification process
4.1. The form and content of a digital WWCC and the QR Code verification process may be varied at any time and for any reason, at the discretion of Service NSW and the Office of the Children’s Guardian.
4.2. You may or may not be notified of any variations to the form and content of an electronic WWCC and the QR Code verification process.
4.3. While the digital WWCC and the QR verification process is being varied, it may be unavailable for a period of time.
5.1. Obtaining a digital WWCC is free, however you bear all other associated costs (including any data or internet costs).
6. Limitation of Liability and Indemnities
6.1. Service NSW and the Office of Children’s Guardian are not liable in the event that you cannot produce an electronic WWCC or a QR Code for verification (for example due to network connectivity problems) or anyone refuses to accept your QR code as verification.
6.2. Except for any liability that cannot be excluded by law, Service NSW and the Office of the Children’s Guardian (including their officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including, but not limited to, indirect or consequential loss) or for any death, illness, personal injury, financial loss or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, using the electronic WWCC and the QR verification process including the unavailability of an electronic WWCC and the QR Code verification process or the refusal of an employer to accept the QR Code verification process.
6.3. To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified, Service NSW and the Office of the Children’s Guardian (including their officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, your use of an electronic WWCC, including the unavailability of the electronic WWCC and the QR Code verification process or the refusal of a third person to accept your of an electronic WWCC and the QR Code verification process.
7.1. Service NSW welcomes all forms of feedback, including complaints on its services. We view effective complaint management as part of our commitment to improving service provisions and re-occurring problems.
7.3 Any enquiry or complaint in relation to the use of the digital WWCC is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88.
8. Variation of Terms and Conditions
8.1. Service NSW reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time. If these Terms and Conditions change, you will be asked to confirm your agreement to those changes the next time you use an electronic WWCC and the QR Code verification process.
8.2. These Terms and Conditions, as varied, deleted or supplemented from time to time, apply to any future version of, or update to, the electronic WWCC and the QR Code verification process.
9.1. Failure by Service NSW to enforce any of its rights at any stage does not constitute a waiver of those rights.
10.1. If any term in these Terms and Conditions is, becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, it shall be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.
11. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws in NSW. The parties submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.
12.1. Any and all provisions or obligations contained in these Terms and Conditions which, by their nature or effect, are required or intended to be observed, kept or performed after termination of these Terms and Conditions will survive the termination of these Terms and Conditions and remain binding upon and for the benefit of the relevant persons.