Worker Screening Act 2020

A person who is subject to any of the following decisions may apply to the Regulator for internal review of that decision—

subject to subsection (2), a decision to give a WWC exclusion on a WWC category A application on the ground that the applicant is a person referred to in section 60(1)(a), (b) or (e);

a decision to give a WWC exclusion on a WWC category B application or a WWC category C application;

subject to subsection (3), a decision under section 83 to revoke a WWC clearance following a WWC category A re-assessment in circumstances referred to in section 82(1)(a), (b) or (e);

a decision under section 85 or 87 to revoke a WWC clearance following a WWC category B re-assessment or a WWC category C re‑assessment;

any prescribed decision.

A person who is given a WWC exclusion on a WWC category A application may only apply to the Regulator for review under subsection (1)(a) on the ground that the person is not a person referred to in section 60(1)(a), (b) or (e).

A person whose WWC clearance is revoked following a WWC category A re-assessment may only apply to the Regulator under subsection (1)(c) for internal review on the ground that the circumstances referred to in section 82(1)(a), (b) or (e) did not occur.

A person must not apply for internal review of the following decisions—

a decision to refuse to consider an application for a further WWC check under section 55(2);

a decision to give a WWC exclusion if the Regulator is required to do so under section 67;

a decision to place an interim bar under section 71A;

a decision to suspend a WWC clearance under section 79 or 87A;

a decision to give an interim WWC exclusion under section 66 or 88;

a decision to confirm a decision to give a WWC exclusion or revoke a WWC clearance under section 92H or 92I;

a decision to refuse to give a WWC clearance on an application under section 92B;

a decision to cancel a WWC clearance under section 93A;

any prescribed decision.

An application under subsection (1)—

must be in writing and in a form approved by the Regulator; and

must be accompanied by any prescribed fee; and

may include any information that the applicant considers relevant.

Subject to subsection (7), an application under subsection (1) must be made within 28 days after the date of the original decision.

The Regulator may extend the time for making an application for internal review if the Regulator is satisfied it is appropriate to do so.

If a person applies for the internal review of the decision to give a WWC exclusion, the WWC exclusion continues to apply until the application for internal review is finally decided.