Re‑assessment of eligibility to hold WWC clearance
78 Re‑assessment of eligibility to hold WWC clearance
S. 78(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).
The Regulator must re‑assess a person's eligibility to hold a WWC clearance if—
notified by the person of a relevant change in circumstances under section 72; or
S. 78(1)(b) amended by No. 58/2025 s. 83(1).
the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or
notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or
notified by a law enforcement agency of a charge or of how a charge has been finally dealt with; or
notified by the ACC that the person has been excluded from child-related work under a corresponding working with children law; or
S. 78(1)(f) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).
the Regulator becomes aware that the person has been given an NDIS exclusion on an NDIS category C application or an NDIS category C re‑assessment.
S. 78(1A) inserted by No. 58/2025 s. 83(2).
The Regulator may re-assess a person's eligibility to hold a WWC clearance if the Regulator receives or becomes aware of child safety risk information relating to the person.
S. 78(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).
The Regulator is not required to re‑assess a person's eligibility to hold a WWC clearance on being notified of a charge for an offence being finally dealt with if—
S. 78(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).
a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge; and
the clearance was not revoked following that re‑assessment.
For the purposes of Part 6.2 or 6.3, a person must be regarded as still holding a current WWC clearance if—
an interim WWC exclusion has been given under section 88(1)(b); and
the person's WWC clearance—
has not been revoked under section 91 following the re‑assessment; or
has not been surrendered under section 93; or
has not expired.
This Act’s bill:Explanatory memorandumSecond reading speech
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