Worker Screening Act 2020

A person who has been given a WWC exclusion is not entitled to make a further application under section 54 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.

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

a charge that was pending at the date of the WWC exclusion being finally dealt with without the person being found guilty of the offence; or

a finding of guilt being quashed or set aside by a court after the date on which the WWC exclusion was given; or

the person no longer being excluded from child-related work under a corresponding working with children law; or

the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the WWC exclusion was given; or

the person's NDIS exclusion being deemed void under section 37 or being set aside, rendered inoperative or otherwise invalidated; or

in the case of a WWC exclusion given on the basis of child safety risk information, the subject of that information is not proven or is dismissed, withdrawn, deemed void, set aside, rendered inoperative or otherwise invalidated.

If a person who has been given a WWC exclusion is subsequently given a WWC clearance under a further application made under section 54, the WWC exclusion is deemed to be void and of no effect from the date the WWC clearance is given.