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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 19 November 2017 at 08:35)
Part 3 Division 4
Division 4 Determination of applications for clearances
18   Determination of applications for clearances
(1)  The Children’s Guardian must not grant a working with children check clearance to the following persons (disqualified persons):
(a)  a person convicted before, on or after the commencement of this section of an offence specified in Schedule 2, if the offence was committed as an adult,
(b)  a person against whom proceedings for any such offence have been commenced, if the offence was committed as an adult, pending determination of the proceedings for the offence.
(2)  The Children’s Guardian must grant a clearance to a person who is subject to a risk assessment under Division 3 unless the Children’s Guardian is satisfied that the person poses a risk to the safety of children.
(3)  The Children’s Guardian must grant a clearance to a person if it is satisfied that the person is not a disqualified person and the person is not subject to a risk assessment under Division 3.
19   Notice of proposed refusal of application
(1)  If the Children’s Guardian proposes not to grant a working with children check clearance to a person, the Children’s Guardian must notify the person in writing of the proposed decision and that the person may make a submission to the Children’s Guardian within the period specified in the notice.
(2)  The Children’s Guardian must consider any submission made by an applicant within that period before finally deciding the application.
(3)  This section does not apply to an application for a clearance that is made by a disqualified person.
20   Notice of final decision granting or refusing clearance
(1)  The Children’s Guardian must notify the applicant in writing of the Children’s Guardian’s decision to grant or refuse to grant a working with children check clearance.
(2)  Notice of a decision to grant a clearance must include the working with children number.
(3)  Notice of a decision not to grant a clearance must set out the reasons for the refusal and the right to seek a review under Part 4.
(4)  The Children’s Guardian must as soon as practicable after refusing an application, give written notice of that refusal to the applicant and to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the applicant.
21   (Repealed)