Worker Screening Act 2020

The Regulator must arrange for a police record check to be conducted on an applicant for a WWC check.

In considering an application for a WWC check, the Regulator may—

have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

make any other enquiries to, or seek information on the application from, any person or source that the Regulator thinks fit, including but not limited to the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004.

In considering an application for a WWC check, the Regulator must have regard to—

any information about the applicant obtained by the Regulator in the course of performing functions and exercising powers under the Social Services Regulation Act 2021, the Child Wellbeing and Safety Act 2005 or any other Act; and

any child safety risk information about the applicant held by the Regulator.

The Regulator may require the applicant to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.

Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—

a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

notice of the result of that check has been provided to the Regulator in accordance with the regulations.

In considering an application for a WWC check, the Regulator must make enquiries of the ACC in relation to any decision made in another State or a Territory in relation to an application made by or a clearance (however described) granted to the applicant under a corresponding working with children law.