The phrase 'proceedings have been commenced' in cl 1(1)(b) of Sch 1 to the Child Protection (Working with Children) Act 2012 (NSW) encompasses proceedings that have been commenced and subsequently terminated without conviction; it is not limited to pending proceedings. A person who has been charged with disqualifying offences remains subject to an assessment requirement even after the charges are discontinued. In conducting a risk assessment under s 18(2), the tribunal is entitled to have regard to a pattern of unproven allegations from independent complainants without making a positive finding that the alleged conduct occurred.
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