Cancelling authority because of subsequent information
304A Cancelling authority because of subsequent information
This section applies if, after the chief executive decides to issue a working with children authority to a person, the chief executive becomes aware of information (further information) that is—
disciplinary information or adverse interstate WWC information, or information received under part 6, division 2, 3 or 4, about the person that was not known to the chief executive when the decision was made; or
other information about the person that the chief executive reasonably believes is relevant to deciding whether it would pose a risk to the safety of children if the person were to continue to hold the authority; or
a decision about the person made by a court or tribunal after the authority was issued, including the reasons for the decision.
However, this section does not apply if the chief executive is required to suspend the person’s working with children authority under section 296 because of the further information.
The chief executive may cancel the person’s working with children authority if, after considering the further information, the chief executive is satisfied it is appropriate to issue a negative notice to the person.
Note—See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.
However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person.Examples for subsection (4)—
1 The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.
2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.
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