43Application for removal of exclusion from database

43 Application for removal of exclusion from database

(1) For the purposes of section 88(1) of the Act, the following are the prescribed circumstances in which an application may be made—

(a) the applicant's circumstances have changed and—

Reg. 43(1)(a)(i) amended by S.R. No. 72/2024 reg. 5.

(i) unless exceptional circumstances exist, at least 12 months has elapsed since information relating to the applicant was placed on the WCES database; and

(ii) the applicant no longer poses an unjustifiable risk of harm to WCES service users;

(b) the applicant's exclusion was determined on the basis of conduct that was the subject of—

(i) a disciplinary or regulatory finding made under another enactment that was quashed or set aside after the date of the exclusion decision; or

(ii) a finding of guilt for an offence that was quashed or set aside after the date of the exclusion decision.

(2) For the purposes of section 88(2) of the Act, the prescribed form is the form in Schedule 4.