Some people who work with children are not required to have a working with children check. They include:

In relation to the exclusion for parents and guardians, it is important to note that accommodation includes care provided to a child overnight and involving sleeping arrangements (whether on a short term or ongoing basis) and services provided in the course of an excursion or camp [reg 7]. Parents and guardians are not excluded from the requirement to have a check for the purposes of these services.

Close personal contact includes an act involving intimate bodily function such as using a toilet or an activity involving nudity, or exposure or partial exposure of the genitals, buttocks or breasts [reg 9(3)].

In any legal proceedings, the onus is on the person claiming to be an excluded person to prove that they are an excluded person [s 9(6)].