Worker Screening Act 2020

The Regulator must refuse to give a WWC clearance on a WWC category B application unless satisfied that doing so would not pose an unjustifiable risk to the safety of children, having regard to—

the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

the period of time since the applicant committed, or allegedly committed, the offence; and

whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

the sentence imposed for the offence; and

the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence; and

whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the applicant committed, or allegedly committed, the offence; and

the applicant's behaviour since the applicant committed, or allegedly committed, the offence; and

the likelihood of future threat to a child caused by the applicant; and

any information given by the applicant in, or in relation to, the application; and

whether it is in the public interest to give the WWC clearance; and

any other matter that the Regulator considers relevant to the application.

For the purposes of subsection (1), in order to be satisfied that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, the Regulator must be satisfied that—

a reasonable person would allow their child to have direct unsupervised contact with the applicant while the applicant was engaged in any type of child-related work; and

the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.