79Suspension powers on re‑assessment of WWC clearance

79 Suspension powers on re‑assessment of WWC clearance

S. 79(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.112).

(1) Despite section 78(3) and subject to subsection (2), the Regulator must suspend a person's WWC clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Regulator becomes aware that—

(a) the person has become subject to an obligation or order specified in clause 1 of Schedule 5; or

(b) the person has been charged with or been convicted or found guilty of an offence specified in clause 2 of Schedule 5; or

(c) the person has been excluded from child‑related work under a corresponding working with children law.

S. 79(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).

(2) The Regulator is not required to suspend a person's WWC clearance pending the carrying out and completion of a re‑assessment of that person's eligibility to hold a WWC clearance if—

S. 79(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).

(a) the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and

S. 79(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.113).

(b) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.

S. 79(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.114).

(3) If the person is being re‑assessed because the Regulator was notified that the person has been charged with an offence specified in clause 2 of Schedule 5, the Regulator may reinstate that person's WWC clearance if, after the suspension of the clearance—

(4) If a person's WWC clearance is suspended under this section, the person is taken to not hold a WWC clearance for the period of the suspension.

S. 80 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.115).