NSW Failing to Inform Employee of Working With Children Check Requirements?

[James79]

A person applies for a job and is successful in gaining employment. After being employed, the employer then requires them to get a Working With Children Check and the employee fails to pass the check. If the employer failed to tell the employee through the hiring process that they would require this both verbally and in application forms then what are their employee rights?

Can they be dismissed for not being able to get a valid Working With Children Check, even though they were not told they would need one?

 

[Tim W]

Are you a registerable person?
Is the job one to which a WWK check applies?

 

[James79]

Are you a registerable person?
Is the job one to which a WWK check applies?

No. Not a registerable person. The job is a fisheries position. So no direct contact with children.

 

[Tim W]

Fisheries? As in it's a government job?
Reality is, if you would fail WWK then you probably are a registerable person.
If you would be found to lack good character in a more general criminal records check,
then you may have a different problem.
And no, there's no way around it.