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Contents (2012 - 51)
Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 15 December 2017 at 05:54)
Part 3 Division 3
Division 3 Risk assessment of applicants and holders
14   Assessment requirements
A person is subject to an assessment requirement under this Act if any of the matters specified in Schedule 1 apply to the person.
15   Assessment of applicants and holders
(1)  The Children’s Guardian must conduct a risk assessment of an applicant for a working with children check clearance, or the holder of a clearance, to determine whether the applicant or holder poses a risk to the safety of children if the Children’s Guardian becomes aware that the applicant or holder is subject to an assessment requirement.
(2)  The Children’s Guardian may conduct a risk assessment of the holder of a clearance if the Children’s Guardian becomes aware that the decision to grant the clearance was based on wrong or incomplete information.
(3)  Subsections (1) and (2) do not limit the circumstances in which the Children’s Guardian may conduct a risk assessment of an applicant or holder.
(4)  In making an assessment, the Children’s Guardian may consider the following:
(a)  the seriousness of any matters that caused the assessment in relation to the person,
(b)  the period of time since those matters occurred and the conduct of the person since they occurred,
(c)  the age of the person at the time the matters occurred,
(d)  the age of each victim of any relevant offence or conduct at the time it occurred and any matters relating to the vulnerability of the victim,
(e)  the difference in age between the victim and the person and the relationship (if any) between the victim and the person,
(f)  whether the person knew, or could reasonably have known, that the victim was a child,
(g)  the person’s present age,
(h)  the seriousness of the person’s total criminal record and the conduct of the person since the matters occurred,
(i)  the likelihood of any repetition by the person of the offences or conduct or of any other matters that caused the assessment and the impact on children of any such repetition,
(j)  any information given in, or in relation to, the application,
(j1)  any relevant information in relation to the person that was obtained in accordance with section 36A,
(k)  any other matters that the Children’s Guardian considers necessary.
(4A)  The Children’s Guardian must not determine that an applicant does not pose a risk to the safety of children unless the Children’s Guardian is satisfied that:
(a)  a reasonable person would allow his or her child to have direct contact with the applicant that was not directly supervised by another person while the applicant was engaged in any child-related work, and
(b)  it is in the public interest to make the determination.
(5)  The Children’s Guardian may, but is not required to, notify the holder of a clearance in writing if the Children’s Guardian decides to conduct a risk assessment of the holder.
16   Request for further information
(1)  The Children’s Guardian may, by notice in writing to an applicant for a working with children check clearance or the holder of a clearance, request the applicant or holder to provide further information about an offence or other matter related to the application or clearance.
(2)  The Children’s Guardian may terminate an application for a clearance or cancel a clearance if the applicant or holder fails, without reasonable excuse, to provide further information within 3 months of the request being made and the Children’s Guardian has not withdrawn the request.
(3)  The Children’s Guardian must:
(a)  as soon as practicable after terminating an application, give written notice of that termination to the applicant and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant, or
(b)  as soon as practicable after cancelling a clearance, give written notice of that cancellation to the holder of the clearance and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.
17   Interim bars
(1)  The Children’s Guardian may, at any time after receiving an application for a working with children check clearance or commencing an assessment of an applicant for or holder of a clearance, determine that the applicant or holder is subject to an interim bar, being a bar on the applicant or holder doing any of the following:
(a)  engaging in child-related work,
(b)  residing on the same property as an authorised carer,
(c)  residing on a property where a home based education and care service or family day care service is provided.
(2)  The Children’s Guardian may make a determination under this section if it is of the opinion that it is likely that there is a risk to the safety of children if the applicant or holder engages in child-related work or resides on a property referred to in subsection (1) (b) or (c) pending the determination of the application or assessment.
(3)  The Children’s Guardian must as soon as practicable after determining that an applicant or holder is subject to an interim bar, give written notice of that determination to the applicant or holder and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant or holder.
(4)  An interim bar ceases to have effect:
(a)  on notification in writing by the Children’s Guardian to the applicant or holder that the interim bar is revoked, or
(b)  in the case of an applicant for a clearance, if the applicant is granted or refused a clearance, or
(c)  12 months after the interim bar takes effect,
whichever occurs first.