NSWIn ForceAct
Child Protection (Working with Children) Act 2012
30DDisqualification reassessment
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#### 30D Disqualification reassessment
30D Disqualification reassessment
> > (1) The Children’s Guardian must—
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> > > (a) assess the application for a disqualification reassessment and whether the applicant should continue to be disqualified under section 18(1), and
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> > > (b) decide—
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> > > > (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.
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> > (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.
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> > (3) For making a decision about the application for a disqualification reassessment, the Children’s Guardian may share information with and seek advice from—
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> > > (a) a person suitably qualified to deal with the issues raised by the matters the subject of the disqualification reassessment, or
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> > > (b) another person prescribed by the regulations.
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> > (4) Subject to subsection (5), in deciding the application for a disqualification reassessment, the Children’s Guardian must consider the following information—
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> > > (a) relevant information given by the applicant in the applicant’s application or otherwise,
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> > > (b) other relevant information reasonably available to the Children’s Guardian,
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> > > (c) other relevant information prescribed by the regulations.
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> > (5) It must be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.
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> > (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—
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> > > (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
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> > > (b) it is in the public interest to decide the applicant should not continue to be disqualified under section 18(1) and grant the working with children check clearance.
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> > (7) The regulations may provide for requirements in relation to the conduct of a disqualification reassessment.
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> **s 30D:** Ins 2025 No 56, Sch 1\[10\].