Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances

In force

(1)

If a relevant change in circumstances occurs with respect to a person who holds a WWC clearance or who has applied for a WWC check and the application is still pending, that person must notify the following in writing of the change within 7 days after becoming aware of the change—

S. 72(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.103).

(a)

the Regulator;

(b)

any person by whom the person is engaged in child-related work;

(c)

any agency with which the person is listed.

Penalty: Level 9 fine (60 penalty units maximum).

Note

Listed with an agency is defined in section 3(2).

(2)

For the purposes of subsection (1), each of the following is a relevant change in circumstances—

(a)

the person being charged with a WWC category A offence or a WWC category B offence;

(b)

the person being convicted or found guilty of a WWC category A offence or a WWC category B offence or the charge being otherwise finally dealt with;

S. 72(2)(c) amended by No. 28/2025 s. 49.

(c)

the person becoming subject to reporting obligations imposed by the Sex Offenders Registration Act 2004;

(d)

the person becoming subject to a supervision order, a detention order or an emergency detention order;

(e)

a relevant disciplinary or regulatory finding being made in relation to the person;

(f)

the person being given an NDIS exclusion;

(g)

the person being excluded from child-related work under a corresponding working with children law.

S. 72(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).

(3)

It is a defence to a charge for an offence against subsection (1) constituted by not notifying the Regulator of how a charge for an offence was finally dealt with if—

S. 72(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).

(a)

the accused notified the Regulator of the filing of the charge-sheet containing the charge in accordance with subsection (1); and

S. 72(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.104).

(b)

the Regulator re‑assessed under Part 3.4 the accused's eligibility to hold a WWC clearance; and

(c)

the accused's WWC clearance was not revoked following the re‑assessment; and

(d)

the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.

This Act’s bill:Explanatory memorandum Second reading speech

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72 Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances