Child Protection (Working with Children) Act 2012

Subject to subsection (1A), each of the following persons (a disqualified person) is disqualified from holding a working with children check clearance and the Children’s Guardian must not grant a clearance to the person—

a person convicted before, on or after the commencement of this section of an offence specified in Schedule 2, if the offence was committed as an adult,

a person against whom proceedings for any such offence have been commenced, if the offence was committed as an adult, pending determination of the proceedings for the offence.

The Children’s Guardian may grant a working with children check clearance to a disqualified person only if the Children’s Guardian decides under Part 4, Division 3 that the person should not continue to be disqualified under subsection (1).

The Children’s Guardian must grant a clearance to a person who is subject to a risk assessment under Division 3 unless the Children’s Guardian is satisfied that the person poses a risk to the safety of children.

The Children’s Guardian must grant a clearance to a person if it is satisfied that the person is not a disqualified person and the person is not subject to a risk assessment under Division 3.

However, if the regulations provide for training in relation to child abuse that must be completed before a person may be granted a clearance, the Children’s Guardian must not grant a clearance to a person unless satisfied the person has completed the training in accordance with the regulations.