Worker Screening Act 2020

Despite section 78(3) and subject to subsection (2), the Regulator must suspend a person's WWC clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Regulator becomes aware that—

the person has become subject to an obligation or order specified in clause 1 of Schedule 5; or

the person has been charged with or been convicted or found guilty of an offence specified in clause 2 of Schedule 5; or

the person has been excluded from child‑related work under a corresponding working with children law.

Despite section 78(3), the Regulator may suspend a person's WWC clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Regulator—

receives or becomes aware of child safety risk information relating to the person; and

is satisfied that it is in the interests of child safety to suspend the WWC clearance.

The Regulator is not required to suspend a person's WWC clearance pending the carrying out and completion of a re‑assessment of that person's eligibility to hold a WWC clearance if—

the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and

a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.

If the person is being re‑assessed because the Regulator was notified that the person has been charged with an offence specified in clause 2 of Schedule 5, the Regulator may reinstate that person's WWC clearance if, after the suspension of the clearance—

the charge against the person is withdrawn; or

the charge is dismissed by a court; or

the person is acquitted of the offence by a court.

If a person's WWC clearance is suspended under this section, the person is taken to not hold a WWC clearance for the period of the suspension.

As soon as practicable after suspending a person's WWC clearance under subsection (1A), the Regulator must give the person notice in writing of the suspension that—

states that the person must not engage in child-related work while the suspension is in force; and

specifies the date on which the suspension comes into force; and

discloses the child safety risk information on which the suspension is based; and

includes any prescribed information.

Subsection (5)(c) does not apply if the Chief Commissioner of Police or the Regulator is satisfied that disclosing the child safety risk information in the notice would—

prejudice an investigation; or

enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

pose a serious risk to the safety of any person.

A suspension under subsection (1A) continues in force until the earliest of the following—

the Regulator finally determines not to revoke the person's WWC clearance or to revoke the person's WWC clearance;

the Regulator gives an interim WWC exclusion to the person under section 88(1)(b);

the Regulator withdraws the suspension under subsection (9);

the day that is 24 months after the day on which the suspension comes into force.

Unless a suspension under subsection (1A) is no longer in force, the Regulator must review the decision to suspend a person's WWC clearance—

6 months after the day on which the suspension comes into force; and

at least once every 3 months after the review under paragraph (a).

The Regulator may withdraw the suspension of a person's WWC clearance under subsection (1A) at any time by notice in writing to the person.