Core worker exemptions

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What is a core worker exemption?

The Children's Act 2014 (the Act) introduced a workforce restriction. Under this restriction it’s unlawful to employ or engage a core children’s worker who has a conviction for an offence listed in Schedule 2 of the Act, unless they have a core worker exemption.

Schedule 2 of the Children's Act 2014 external

People subject to the workforce restriction can apply for a core worker exemption. If they are granted an exemption, it’s no longer unlawful to employ or engage them as a core children’s worker.

An exemption doesn’t guarantee the right to a job, it’s still up to the employer to decide if the person is suitable for the role.

The process is run by Te Kāhui Kāhu on behalf of:

Ministry of Health - Manatū Hauora
Ministry of Education - Te Tāhuhu o te Mātauranga
Ministry of Justice - Te Tāhū o te Ture
Ministry of Social Development - Te Manatū Whakahiato Ora
Oranga Tamariki – Ministry for Children

We prioritise child safety in the core worker exemption process and carefully consider each person’s circumstances to ensure the process is fair and thorough.

Who needs a core worker exemption?

You'll need a core worker exemption if you are, or wish to be a core worker and you've been convicted of an offence outlined in Schedule 2 of the Act.

Schedule 2 of the Children's Act 2014 external

Core children’s workers are employed by the state sector or local authorities, or by organisations they fund. They provide regulated services and either work alone with children or have primary responsibility for them. The restriction doesn’t apply to volunteers. See Schedule 1 of the Act for details on regulated services or section 23 of the Act for more information about defining a core children’s worker.

Schedule 1 of the Children’s Act 2014 external

Section 23 of the Children’s Act 2014 external

Core worker exemption process

Once we receive your core worker exemption application, we’ll contact you to talk about the next steps. We’ll collect information from other agencies, and an advisory panel will meet to review your application before the final decision maker approves or declines it. The process takes about 8 weeks.

The advisory panel includes one member from each of the following government agencies and is facilitated by Te Kāhui Kāhu:

Ministry of Health - Manatū Hauora
Ministry of Education - Te Tāhuhu o te Mātauranga
Ministry of Justice - Te Tāhū o te Ture
Ministry of Social Development - Te Manatū Whakahiato Ora
Oranga Tamariki – Ministry for Children
New Zealand Police – Nga Pirihimana o Aotearoa

The advisory panel will review your application and make a recommendation to the decision maker. They will consider several factors, including:

the offence,
date of conviction, how long ago the conviction was, and what age you were at the time,
sentence imposed and the sentence expiry date,
parole or sentencing conditions,
your history and frequency of offending,
any aggravating or mitigating factors, for example alcohol, drugs, anger or domestic violence issues,
steps you’ve taken to address the behaviour (for example, rehabilitation courses or counselling),
any character references you’ve provided,
evidence about your support structures (community, family or employers),
your work history, and
non-work time activities that evidence social support or good character (sports, arts or community involvement).

The advisory panel may ask you for more information to help them make a recommendation.

Who makes the final decision?

The Chief Executive of the most appropriate government agency makes the final decision, based on the sector you want to work in. For example, if you want to work as a teacher, your application will be considered by the Ministry of Education's Chief Executive.

They will consider:

your application,
any supporting information, and
the advisory panel’s recommendation.

The decision-maker can only grant an exemption if they are satisfied that you would not pose an undue risk to the safety of children, if employed or engaged as a core worker.

If there are any adverse findings or decisions, you’ll be told and given a chance to respond.

When and how can you apply for a core worker exemption?

You can apply for a core worker exemption at any time — during training, before applying for a job, or during the recruitment process.

To apply, fill out the form and send it in with any supporting documents.

Core worker exemption - application form (PDF 592 KB)

Getting your sentencing notes

Ask the registrar at the court where you were sentenced for a copy of your sentencing notes. If that court is closed, contact the court that is nearest to the closed one.

Postal and email addresses for courts can be found on the Ministry of Justice’s website.

Find us – Ministry of Justice external

Getting your psychological reports

If you received psychological treatment or rehabilitation during your sentence, you can email info@corrections.govt.nz to request a copy of your records.

Revoking a core worker exemption

A core worker exemption can be revoked by a decision-maker if they:

become aware the person has been charged with, or convicted of a specified offence,
have reasonable grounds to believe the person would pose an undue risk to the safety of children if employed or engaged as a core children’s worker.

Right to appeal

If your core worker exemption is declined or revoked, you have the right to make an appeal to the High Court of New Zealand.

Further information for employers

Employing or engaging a core children’s worker without a core worker exemption is against the law and can lead to criminal charges.

How to confirm a core worker exemption

You must check if a current or potential employee holds a core worker exemption.

We don’t issue certificates to exemption holders. As part of your children’s worker safety checking process, you will need to confirm the core worker holds an exemption. You can do this by completing our employer verification form.

Core worker exemption – employer verification form (PDF 218 KB)

Contact us

If you have any questions or need help completing your application, email us at coreworkerexemption@tekahuikahu.govt.nz.

You can also write to us at:

Core Worker Exemption Advisor
Ministry of Social Development
PO BOX 1556
Wellington 6140