WA Child Safety Changes Put Fitness Compliance in the Spotlight

The reform is part of the national “Banned in One, Banned in All” approach. In practical terms, a person whose Working With Children Check has been refused, cancelled, suspended, restricted or made subject to conditions interstate may no longer be able to continue child-related work in WA. The WA Government has also indicated there is no transition period, so current card holders and pending applicants can be affected by the amended framework.

For fitness professionals, the issue is especially relevant where services involve children and young people. That may include junior strength and conditioning, learn-to-swim, dance and movement classes, school-based activities, active recreation programs, school holiday programs, or youth sport support delivered through a gym, studio, aquatic centre or community venue.

From an insurance perspective, the development does not simply translate into buying a different policy. It is more about whether the business can show that its operating procedures match its legal, contractual and safeguarding obligations. Many fitness operators already think carefully about insurance requirements, but screening, supervision and recruitment controls are part of the same broader risk picture.

Businesses and sole traders may wish to review practical controls such as:

• keeping Working With Children records current for employees, contractors, volunteers and visiting instructors;
• checking whether staff working across state borders have any obligations or restrictions in another jurisdiction;
• recording who is responsible for renewals, notifications and follow-up action;
• updating induction processes for new trainers and casual staff;
• reviewing child safeguarding, incident reporting and supervision procedures.

The insurance relevance is indirect but important. If a dispute, complaint or incident occurs, insurers and advisers may look closely at whether the business acted within the law, followed reasonable procedures and complied with relevant policy conditions. Public liability and professional indemnity policies are not substitutes for lawful screening, safe recruitment or child protection systems. They also contain exclusions, limits and conditions that need to be understood in context.

Fitness operators working with children should treat the WA change as a prompt to check both compliance records and insurance documentation. For those comparing public liability or broader business cover, the practical question is not only the limit of cover, but whether day-to-day risk management is strong enough to support the way services are actually delivered.