Child Protection (Working with Children) Act 2012

This section applies to a person (a relevant person) if any of the following actions (each a mutual recognition negative notice) applies to the person—

the person’s application in another jurisdiction for that jurisdiction’s equivalent to a working with children check clearance is refused,

in another jurisdiction, that jurisdiction’s equivalent to a working with children check clearance granted to the person is cancelled,

the person is subject, in another jurisdiction, to that jurisdiction’s equivalent of an interim bar.

The relevant person must, as soon as practicable after becoming aware of the mutual recognition negative notice, notify the Children’s Guardian that the relevant person is subject to the notice.

In this jurisdiction—

the relevant person must not be granted a working with children check clearance, or

if there is a current application by the relevant person to the Children’s Guardian for a working with children check clearance—the application is taken to be terminated at the time the mutual recognition negative notice occurs, or

if the relevant person has been granted a working with children check clearance—the relevant person’s working with children check clearance is taken to be cancelled at the time the mutual recognition negative notice occurs.

To avoid doubt, the relevant person cannot apply for an internal review or disqualification reassessment in relation to—

the ineligibility under subsection (3)(a) to be granted a working with children check clearance, or

the termination under subsection (3)(b) of the relevant person’s application for a working with children check clearance, or

the cancellation under subsection (3)(c) of the relevant person’s working with children check clearance.

A relevant person is not entitled to make a further application for a working with children check clearance—

until the mutual recognition negative notice has expired, or

unless circumstances prescribed by the regulations apply to the person.

For subsection (5)(b), the regulations may provide for matters relating to—

the circumstances in which relevant persons may apply for working with children check clearances, and

the process for, or conditions applying to, relevant persons applying for working with children check clearances.

A reference to a mutual recognition negative notice does not include a reference to an action that arises solely as a result of—

a mutual recognition negative notice in another jurisdiction, or

an action taken in New South Wales in relation to the person’s application or clearance, or

the conditional grant in another jurisdiction of that jurisdiction’s equivalent to a clearance.

In this section—

for an action equivalent to an interim bar—the action has expired, or

for any action—the action has been overturned or revoked, or

the person the subject of the mutual recognition negative notice is later granted an equivalent to a clearance in the jurisdiction in which the mutual recognition negative notice occurred.