30Internal review

#### 30 Internal review 30 Internal review > > (1) The Children’s Guardian must— > > > > > (a) review the reviewable decision, and > > > > > (b) decide to— > > > > > > > (i) confirm the reviewable decision, or > > > > > > > (ii) for a decision to refuse an application for a working with children check clearance or cancel a working with children check clearance—set aside the reviewable decision and grant the affected person a working with children check clearance, or > > > > > > > (iii) for a decision to impose an interim bar that has been in effect for more than 6 months—set aside the reviewable decision. > > > (2) For making a decision about a reviewable decision, the Children’s Guardian may share information with and seek advice from— > > > > > (a) a person suitably qualified to deal with the issues raised by the matters the subject of the reviewable decision, or > > > > > (b) another person prescribed by the regulations. > > > (3) In reviewing the reviewable decision, the Children’s Guardian must consider the following information— > > > > > (a) the information considered in making the reviewable decision, > > > > > (b) other relevant information given by the affected person in the person’s application or otherwise, > > > > > (c) other relevant information prescribed by the regulations. > > > (4) The Children’s Guardian must not make a decision under this section which has the effect of enabling the affected person to work with children in accordance with this Act unless the Children’s Guardian is satisfied— > > > > > (a) a reasonable person would allow the person’s child to have direct contact with the affected person that is not directly supervised by another person while the affected person is engaging in child-related work, and > > > > > (b) it is in the public interest to make the decision. > > > (5) The application for internal review of a reviewable decision may be dealt with only by a person who— > > > > > (a) did not make the reviewable decision, and > > > > > (b) holds an office equal to or more senior than the person who made the reviewable decision. > > > (6) Subsection (5) does not apply if the reviewable decision was made by the Children’s Guardian personally. > > > > Note— > > > > This subsection applies only if the reviewable decision was made by the Children’s Guardian personally, not if the decision was made by another person as a delegate of the Children’s Guardian. > > > (7) The regulations may provide for requirements in relation to the conduct of an internal review. > > **s 30:** Am 2013 No 31, Sch 1 \[4\]; 2013 No 95, Sch 2.23 \[7\] \[8\]; 2015 No 29, Sch 2 \[31\]; 2016 No 56, Sch 1 \[11\]; 2018 No 14, Sch 1 \[18\] \[19\]; 2022 No 34, Sch 1\[8\]. Subst 2025 No 56, Sch 1\[10\].