NSWIn ForceAct
Child Protection (Working with Children) Act 2012
25AMutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances
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#### 25A Mutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances
25A Mutual recognition of refusal and cancellation of other jurisdictions’ working with children check clearances
> > (1) This section applies to a person (a relevant person) if any of the following actions (each a mutual recognition negative notice) applies to the person—
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> > > (a) the person’s application in another jurisdiction for that jurisdiction’s equivalent to a working with children check clearance is refused,
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> > > (b) in another jurisdiction, that jurisdiction’s equivalent to a working with children check clearance granted to the person is cancelled,
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> > > (c) the person is subject, in another jurisdiction, to that jurisdiction’s equivalent of an interim bar.
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> > (2) The relevant person must, as soon as practicable after becoming aware of the mutual recognition negative notice, notify the Children’s Guardian that the relevant person is subject to the notice.
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> > (3) In this jurisdiction—
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> > > (a) the relevant person must not be granted a working with children check clearance, or
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> > > (b) if there is a current application by the relevant person to the Children’s Guardian for a working with children check clearance—the application is taken to be terminated at the time the mutual recognition negative notice occurs, or
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> > > (c) if the relevant person has been granted a working with children check clearance—the relevant person’s working with children check clearance is taken to be cancelled at the time the mutual recognition negative notice occurs.
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> > (4) To avoid doubt, the relevant person cannot apply for an internal review or disqualification reassessment in relation to—
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> > > (a) the ineligibility under subsection (3)(a) to be granted a working with children check clearance, or
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> > > (b) the termination under subsection (3)(b) of the relevant person’s application for a working with children check clearance, or
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> > > (c) the cancellation under subsection (3)(c) of the relevant person’s working with children check clearance.
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> > (5) A relevant person is not entitled to make a further application for a working with children check clearance—
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> > > (a) until the person is no longer subject to a mutual recognition negative notice, or
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> > > (b) unless circumstances prescribed by the regulations apply to the person.
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> > (6) For subsection (5)(b), the regulations may provide for matters relating to—
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> > > (a) the circumstances in which relevant persons may apply for working with children check clearances, and
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> > > (b) the process for, or conditions applying to, relevant persons applying for working with children check clearances.
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> **s 25A:** Ins 2025 No 56, Sch 1\[9\].