Worker Screening Act 2020

In an internal review of a decision to give a WWC exclusion on a WWC category C application or to revoke a WWC clearance on a WWC category C re-assessment on an application under section 92A(1)(b) or (d), the Regulator must determine whether in the particular circumstances it would be appropriate to refuse to set aside the decision, having regard to any matters to which the Regulator must have regard under section 65(2).

The Regulator must determine that it is appropriate to refuse to set aside the decision unless the Regulator is satisfied that—

a reasonable person would allow their child to have direct unsupervised contact with the applicant while the applicant was engaged in any type of child-related work; or

the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.

Even if the Regulator determines under subsection (1) or (2) that it would be appropriate to set aside the decision, the Regulator must refuse to set aside the decision unless the Regulator is satisfied that it is in the public interest for the applicant to have a WWC clearance.