The construction of cl 1(1)(b) of Sch 1 to the Child Protection (Working with Children) Act 2012 (NSW) — whether it applies to a person against whom criminal proceedings for relevant offences were commenced but terminated by nolle prosequi — is an open question warranting appellate consideration. The statutory test under s 18(2) requires the Children's Guardian to grant a clearance unless satisfied the person poses a risk to the safety of children; NCAT may have erred by instead requiring the applicant to disprove risk. These questions remain to be determined on the substantive appeal.
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