77Restriction on right to make further application for WWC check—person given a WWC exclusion

77 Restriction on right to make further application for WWC check—person given a WWC exclusion

(1) A person who has been given a WWC exclusion is not entitled to make a further application under section 54 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.

(2) For the purposes of subsection (1) a relevant change in circumstances is—

(a) a charge that was pending at the date of the WWC exclusion being finally dealt with without the person being found guilty of the offence; or

(b) a finding of guilt being quashed or set aside by a court after the date on which the WWC exclusion was given; or

(c) the person no longer being excluded from child-related work under a corresponding working with children law; or

S. 77(2)(d) amended by No. 28/2025 s. 50.

(d) the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(e) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

(f) a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the WWC exclusion was given; or

(g) the person's NDIS exclusion being deemed void under section 37 or being set aside, rendered inoperative or otherwise invalidated.

(3) If a person who has been given a WWC exclusion is subsequently given a WWC clearance under a further application made under section 54, the WWC exclusion is deemed to be void and of no effect from the date the WWC clearance is given.

Part 3.4—Re‑assessment of eligibility to hold a WWC clearance

Division 1—Re‑assessment of eligibility to hold WWC clearance

78 Re‑assessment of eligibility to hold WWC clearance

S. 78(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.111).

(1) The Regulator must re‑assess a person's eligibility to hold a WWC clearance if—

(a) notified by the person of a relevant change in circumstances under section 72; or

S. 78(1)(b) amended by No. 58/2025 s. 83(1).

(b) the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or

(c) notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or

(d) notified by a law enforcement agency of a charge or of how a charge has been finally dealt with; or

(e) notified by the ACC that the person has been excluded from child-related work under a corresponding working with children law; or