18Determination of applications for clearances

#### 18 Determination of applications for clearances 18 Determination of applications for clearances > > (1) Subject to subsection (1A), each of the following persons (a disqualified person) is disqualified from holding a working with children check clearance and the Children’s Guardian must not grant a clearance to the person— > > > > > (a) a person convicted before, on or after the commencement of this section of an offence specified in Schedule 2, if the offence was committed as an adult, > > > > > (b) a person against whom proceedings for any such offence have been commenced, if the offence was committed as an adult, pending determination of the proceedings for the offence. > > > (1A) The Children’s Guardian may grant a working with children check clearance to a disqualified person only if the Children’s Guardian decides under Part 4, Division 3 that the person should not continue to be disqualified under subsection (1). > > > (2) The Children’s Guardian must grant a clearance to a person who is subject to a risk assessment under Division 3 unless the Children’s Guardian is satisfied that the person poses a risk to the safety of children. > > > (3) The Children’s Guardian must grant a clearance to a person if it is satisfied that the person is not a disqualified person and the person is not subject to a risk assessment under Division 3. > > > (4) However, if the regulations provide for training in relation to child abuse that must be completed before a person may be granted a clearance, the Children’s Guardian must not grant a clearance to a person unless satisfied the person has completed the training in accordance with the regulations. > > **s 18:** Am 2013 No 31, Sch 1 \[4\]; 2025 No 56, Sch 1\[6\]–\[8\].