NSWIn ForceAct
Child Protection (Working with Children) Act 2012
13AEmbargo after refusal of application or cancellation of clearance
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#### 13A Embargo after refusal of application or cancellation of clearance
13A Embargo after refusal of application or cancellation of clearance
> > (1) A person who is refused a working with children check clearance, or whose clearance is cancelled under section 23, is not entitled to make a further application for a clearance—
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> > > (a) until 5 years after the date notice of the refusal or cancellation was given to the person, or
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> > > (b) unless a further early application is permitted under this section.
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> > (2) A further early application is permitted if, after the date of the refusal or cancellation—
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> > > (a) relevant proceedings pending at the date of the refusal or cancellation are withdrawn or dealt with without the person being found guilty of the offence, or
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> > > (b) a relevant finding of guilt is quashed or set aside, or
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> > > (c) a relevant finding the subject of an assessment requirement—
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> > > > (i) is quashed or set aside, or
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> > > > (ii) otherwise expressly or impliedly ceases to have effect.
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> > (2A) To avoid doubt, this section does not apply to a person to whom section 25A applies.
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> > (3) In this section—
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> > relevant, in relation to proceedings or a finding, means relevant to the refusal or cancellation.
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> **s 13A:** Ins 2015 No 29, Sch 2 \[15\]. Am 2022 No 34, Sch 1\[3\] \[4\]; 2025 No 56, Sch 1\[4\].