Child Protection (Working with Children) Act 2012 No 51
Division 2 Applications for clearances
13 Applications for clearances
(1) A person may apply to the Children’s Guardian for a working with children check clearance.(2) An application must:(a) be in the form approved by the Children’s Guardian, and(b) be accompanied by any other information required by the Children’s Guardian, and(c) specify the class of clearance applied for.(3) The approved form must provide for the authorisation by the applicant of, and the consent by the applicant to, the following in connection with the application or any application under Part 4 and at any time while a clearance is in force:(a) the conduct of a criminal record check in respect of the applicant,(b) the disclosure of the applicant’s criminal history,(c) other inquiries about the applicant relevant to the application or clearance,(d) without limiting paragraphs (b) and (c), disclosure of information about the applicant relevant to whether the applicant may be subject to an assessment requirement.(4) The regulations may:(a) prescribe the fee payable for an application and the manner in which it is to be paid, and(b) require proof of identity to be provided by an applicant for a clearance in the manner prescribed by the regulations or approved by the Children’s Guardian.(5) The Children’s Guardian must ensure that each applicant is given an application number and that the applicant is notified of that number.(6) An applicant may, with the consent of the Children’s Guardian, withdraw an application at any time.(7) The Children’s Guardian must not consent to the withdrawal of an application if the Children’s Guardian is of the opinion that it is likely that there is a risk to the safety of children if the applicant were to engage in child-related work.(8) The Children’s Guardian must, as soon as practicable after an application is withdrawn by an applicant, give written notice of that withdrawal to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant.
13A Embargo after refusal of application or cancellation of clearance
(1) A person who is refused a working with children check clearance, or whose clearance is cancelled under section 23, is not entitled to make a further application for a clearance:(a) until 5 years after the date notice of the refusal or cancellation was given to the person, or(b) unless there has been a change of circumstances under which a further early application is permitted under this section.(2) A further early application is permitted if any of the following occurs after the date of the refusal or cancellation:(a) proceedings that were pending at the date of the refusal or cancellation are withdrawn or dealt with without the person being found guilty of the offence,(b) a finding of guilt is quashed or set aside,(c) a finding the subject of an assessment requirement is quashed or set aside or otherwise expressly or impliedly ceases to have effect,(d) the Children’s Guardian permits a person to make such an application.