Under s 12(5) of the Working with Children (Criminal Record Checking) Act 2004 (WA), the CEO cannot issue a negative notice to a person convicted of offences other than Class 1 or Class 2 offences unless satisfied there is an 'unacceptable risk' — meaning a perceptible risk — that the applicant might cause sexual or physical harm to children. The existence of 'any risk' is not sufficient. The best interests of children is the paramount but not sole consideration; the criteria in s 12(8)(b)-(f) are subordinated but never excluded. A long period of working with children without incident since the last conviction is a relevant factor capable of negativing the risk arising from prior convictions.
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