319Investigation of conduct engaged in before the commencement of Part 5

319 Investigation of conduct engaged in before the commencement of Part 5

(1) Subject to subsection (2), the Regulator may undertake a preliminary assessment under section 55 in relation to conduct engaged in before the commencement of Part 5.

(2) The Regulator may not undertake a preliminary assessment under section 55 in relation to conduct engaged in before the commencement of Part 5 if—

(a) the conduct is the subject of a finding of misconduct made by the Suitability Panel against a person under section 105 of the Children, Youth and Families Act 2005; and

S. 319(2)(b) substituted by No. 17/2023 s. 16.

(b) the Suitability Panel—

(i) determined under section 106 of that Act that the person does not pose an unacceptable risk of harm to children; or

(ii) determined under section 112 of that Act that the person's disqualification from registration should be removed.

S. 320 amended by No. 9/2023 s. 246.