Worker Screening Act 2020

The Regulator must not revoke a WWC clearance on a WWC category C re‑assessment unless—

the Regulator is satisfied that the person holding the WWC clearance would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (2); or

the Regulator is satisfied that—

a reasonable person would not allow their child to have direct unsupervised contact with the holder of the WWC clearance while the holder was engaged in any type of child-related work; or

the holder's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.

For the purposes of subsection (1)(a), the Regulator must have regard to—

the nature and gravity of the conduct and its relevance to child-related work; and

the period of time since the holder of the WWC clearance engaged, or allegedly engaged, in the conduct; and

in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and

in the case of an offence, the sentence imposed for it; and

the ages of the holder and of any victim at the time the holder engaged, or allegedly engaged, in the conduct; and

whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the holder engaged, or allegedly engaged, in it; and

the holder's behaviour since the holder engaged, or allegedly engaged, in the conduct; and

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

any information given by the holder in, or in relation to, the re‑assessment; and

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

any other matter that the Regulator considers relevant to the re‑assessment.