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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 18 November 2017 at 17:30)
Part 4 Section 26
26   Persons not entitled to apply for review or enabling order
(1)  The following persons are not entitled to make an application under this Part:
(a)  a person who has been convicted of any of the following offences, if the offence was committed as an adult and the person is a person who satisfies subsection (2):
(i)  murder,
(ii)  an offence against section 61B, 61C, 61D, 61E, 61F, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 61P, 63, 65A, 66, 66F, 76, 78A, 78B, 80A, 80D, 80E or 81 of the Crimes Act 1900, if the person against whom the offence was committed was a child,
(iii)  the common law offence of rape, if the person against whom the offence was committed was a child,
(iv)  an offence against section 66A, 66B, 66C, 66D, 66EA or 66EB of the Crimes Act 1900,
(v)  an offence against section 67, 68, 71, 72, 72A, 73, 74 or 76A of the Crimes Act 1900,
(vi)  an offence against section 78H, 78I, 78K, 78L, 78M, 78N, 78O or 78Q of the Crimes Act 1900,
(vii)  an offence against section 91D, 91E or 91F of the Crimes Act 1900,
(viii)  an offence against section 91G, 91H, 578B or 578C (2A) of the Crimes Act 1900,
(ix)  an offence against section 272.8, 272.10 (if it relates to an underlying offence against section 272.8) or 272.11 of the Criminal Code of the Commonwealth,
(x)  an offence against section 272.9, 272.10 (if it relates to an underlying offence against section 272.9), 272.12, 272.13, 272.14 or 272.15 of the Criminal Code of the Commonwealth,
(xi)  an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth, if it relates to a Class 1 offence within the meaning of the Child Protection (Offenders Registration) Act 2000,
(xii)  an offence against section 273.5, 273.6, 273.7, 471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 474.19, 474.20, 474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26 or 474.27 of the Criminal Code of the Commonwealth,
(xiii)  an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material,
(xiv)  an offence an element of which is an intention to commit an offence listed in subparagraphs (i)–(xiii),
(xv)  an offence of attempting, or of conspiracy or incitement, to commit an offence listed in subparagraphs (i)–(xiii),
(b)  a person who has been convicted of an offence committed as an adult under a law of another State or a Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence referred to in paragraph (a) and the person is a person who satisfies subsection (2),
(c)  a person whose application for a working with children check clearance has been refused, or whose working with children check clearance has been cancelled, wholly or partly on the grounds that proceedings have been commenced against the person for an offence specified in Schedule 2 and the proceedings have not been finally determined.
(2)  A person convicted of an offence specified in subsection (1) satisfies this subsection if:
(a)  the person received a sentence of full time custody for the offence, or
(b)  any of the following orders (including any equivalent orders made by a court of a jurisdiction other than this State (including jurisdictions outside Australia)) was imposed on the person in respect of the offence and the order is in force:
(i)  a home detention order, intensive correction order or community service order under the Crimes (Sentencing Procedure) Act 1999, a good behaviour order under section 9 of that Act or an order under section 12 of that Act,
(ii)  a conditional release order or recognizance release order under section 20 of the Crimes Act 1914 of the Commonwealth, or
(c)  a prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004 (or a corresponding prohibition order under section 19 of that Act) is in force against the person.
(3)  This section applies to convictions for offences whether occurring before, on or after the commencement of this Act.