79Panel determinations

79 Panel determinations

(1) After a Panel has conducted a hearing into a matter referred to it under section 55(4)(b) or 63(b), the Panel must determine either that—

(a) the person who is the subject of the matter is excluded from providing a WCES service or a specified class of WCES services; or

(b) that the person is not excluded from providing WCES services.

(2) The Panel must make a determination under subsection (1)(a) if the Panel—

(a) finds, on the balance of probabilities, that the person has engaged in conduct that may lead to exclusion (whether before, on or after the commencement of this Part); and

(b) is reasonably satisfied that the person poses an unjustifiable risk to—

(ii) any other person with the characteristics of a WCES service user.

(3) When considering whether or not a person poses an unjustifiable risk to any WCES service user or other person with the characteristics of a WCES service user, the Panel may take the following into account—

(a) the nature, gravity and circumstances of the conduct;

(b) the period of time that has passed since the person engaged in conduct that may lead to exclusion;

(c) the vulnerability of the WCES service user or other person at the time of that conduct;

(d) the person's relationship to the WCES service user or other person at the time of the conduct;

(e) whether the person had a position of authority in relation to the WCES service user or other person at the time of the conduct;

(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the person's behaviour since engaging in the conduct;

(h) any finding made in relation to the compliance of a WCES service provider that has employed or engaged the person with any standards relating to worker safety, including but not limited to standards relating to worker training and supervision;

(i) any finding made in relation to the person under this or another Act;

(j) any other relevant circumstances in respect of the person's conduct or other relevant history.

(4) A determination under subsection (1)(a) must specify the duration of the period for which the person is excluded from providing the WCES service or the specified class of WCES services (as appropriate).