58Consideration of application for WWC check

58 Consideration of application for WWC check

S. 58(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.81).

(1) The Regulator must arrange for a police record check to be conducted on an applicant for a WWC check.

S. 58(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).

(2) In considering an application for a WWC check, the Regulator may—

S. 58(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).

(a) have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

S. 58(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.82).

(b) make any other enquiries to, or seek information on the application from, any person or source that the Regulator thinks fit, including but not limited to the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004.

S. 58(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.83).

(3) The Regulator may require the applicant to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.

S. 58(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.84).

(4) Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—

(a) a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

S. 58(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.84).

(b) notice of the result of that check has been provided to the Regulator in accordance with the regulations.

S. 58(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.85).

(5) In considering an application for a WWC check, the Regulator must make enquiries of the ACC in relation to any decision made in another State or a Territory in relation to an application made by or a clearance (however described) granted to the applicant under a corresponding working with children law.