65Determination of WWC category C application

65 Determination of WWC category C application

S. 65(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).

(1) The Regulator must give a WWC clearance on a WWC category C application unless—

S. 65(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).

(a) the Regulator is satisfied that giving the WWC clearance would pose an unjustifiable risk to the safety of children having regard to the factors set out in subsection (2); or

S. 65(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.93).

(b) the Regulator is satisfied that—

(i) a reasonable person would not allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; or

(ii) the applicant's engagement in any type of child-related work would pose an unjustifiable risk to the safety of children.

S. 65(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.94).

(2) For the purposes of subsection (1)(a), the Regulator must have regard to—

(a) the nature and gravity of the conduct and its relevance to child-related work; and

(b) the period of time since the applicant engaged, or allegedly engaged, in the conduct; and

(c) in the case of an offence, whether a finding of guilt or a conviction was recorded for it or a charge for it is still pending; and

(d) in the case of an offence, the sentence imposed for it; and

(e) the ages of the applicant and of any victim at the time the applicant engaged, or allegedly engaged, in the conduct; and

(f) whether or not the conduct has been decriminalised or has ceased to be subject to disciplinary charges since the applicant engaged, or allegedly engaged, in it; and

(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct; and

S. 65(2)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.94).

(j) any other matter that the Regulator considers relevant to the application.

Division 4—Intention to give WWC exclusion on application for WWC check

S. 66 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.95).