30DDisqualification reassessment

30D Disqualification reassessment

30D Disqualification reassessment

(1) The Children’s Guardian must—

(a) assess the application for a disqualification reassessment and whether the applicant should continue to be disqualified under section 18(1), and

(b) decide—

(i) to confirm the applicant continues to be disqualified under section 18(1) and must not be granted a working with children check clearance, or

(ii) the applicant does not continue to be disqualified under section 18(1) and grant the person a working with children check clearance.

(2) If the Children’s Guardian decides the applicant does not continue to be disqualified under section 18(1), the applicant is taken not to continue to be a disqualified person.

(3) For making a decision about the application for a disqualification reassessment, 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 disqualification reassessment, or

(b) another person prescribed by the regulations.

(4) Subject to subsection (5), in deciding the application for a disqualification reassessment, the Children’s Guardian must consider the following information—

(a) relevant information given by the applicant in the applicant’s application or otherwise,

(b) other relevant information reasonably available to the Children’s Guardian,

(c) other relevant information prescribed by the regulations.

(5) It must be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.

(6) The Children’s Guardian may decide the applicant should not continue to be disqualified under section 18(1) and grant the applicant a working with children check clearance only if the Children’s Guardian is satisfied—

(a) a reasonable person would allow the person’s child to have direct contact with the applicant that is not directly supervised by another person while the applicant is engaging in child-related work, and