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Contents (2012 - 51)
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Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 22 September 2017 at 03:42)
Part 4 Section 28
28   Orders relating to disqualified and ineligible persons
(1)  The Tribunal may, on the application of a disqualified person, make an order declaring that the person is not to be treated as a disqualified person for the purposes of this Act in respect of an offence specified in the order (an enabling order). Any such order has effect according to its tenor.
(2)  The Tribunal may, on the application of a person who is not eligible to apply for a clearance because the person has been previously refused a clearance, make an order declaring that the person is to be treated as a person who is eligible to apply for a clearance (an enabling order). Any such order has effect according to its tenor.
(3)  A disqualified person may make an application under this section only if:
(a)  the person has been refused a working with children check clearance, or
(b)  the person’s clearance has been cancelled under section 23,
because the person is a disqualified person.
(4)  The Children’s Guardian is to be a party to any proceedings for an order under this section and may make submissions in opposition to or support of the making of the order.
(5)  An applicant must fully disclose to the Tribunal any matters relevant to the application.
(6)  If the Tribunal makes an enabling order, the Tribunal may order the Children’s Guardian to revoke an interim bar or to grant the person a clearance.
(7)  In any proceedings where an enabling order is sought, it is to be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.
(8)  An enabling order may not be made subject to conditions.
(9)    (Repealed)