25AMutual 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

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—

(a) the person’s application in another jurisdiction for that jurisdiction’s equivalent to a working with children check clearance is refused,

(b) in another jurisdiction, that jurisdiction’s equivalent to a working with children check clearance granted to the person is cancelled,

(c) the person is subject, in another jurisdiction, to that jurisdiction’s equivalent of an interim bar.

(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.

(3) In this jurisdiction—

(a) the relevant person must not be granted a working with children check clearance, or

(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

(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.

(4) To avoid doubt, the relevant person cannot apply for an internal review or disqualification reassessment in relation to—

(a) the ineligibility under subsection (3)(a) to be granted a working with children check clearance, or

(b) the termination under subsection (3)(b) of the relevant person’s application for a working with children check clearance, or

(c) the cancellation under subsection (3)(c) of the relevant person’s working with children check clearance.

(5) A relevant person is not entitled to make a further application for a working with children check clearance—