189Decisions on application

189 Decisions on application (1) If the candidate has been convicted of an offence, or has a criminal history, that is prescribed by regulation, the Authority: (a) must not issue a clearance notice to the candidate; and decision to the candidate and the applicant for the clearance notice (if the applicant is not the candidate). (2) If subsection (1) does not apply, the Authority must, having regard to the administrative guidelines, decide whether the candidate poses an unacceptable risk of harm or exploitation to children. (3) If the Authority decides the candidate does not pose such a risk, the Authority: (a) must issue a clearance notice to the candidate; and decision to the candidate and applicant. (4) If the Authority decides the candidate poses such a risk, the Authority: (a) must not issue a clearance notice to the candidate; and Care and Protection of Children Act 2007 118 decision to the candidate and applicant. (5) A notice of the Authority's decision must: (a) be in the approved form; and (b) be accompanied by the reasons for the decision; and (c) for a decision under subsection (1) or (4), state: (i) that the candidate and applicant are entitled to apply for a review of the decision under section 194; and (ii) the time within which the application may be made. (6) Without limiting subsection (1), the regulations may prescribe for the subsection an offence that is a sexual offence.