85Determination of WWC category B re‑assessment

85 Determination of WWC category B re‑assessment

S. 85(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.123).

(1) The Regulator must revoke a WWC clearance on a WWC category B re‑assessment unless satisfied that the person holding the WWC clearance would not pose an unjustifiable risk to the safety of children, having regard to—

(a) the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

(b) the period of time since the person committed, or allegedly committed, the offence; and

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

(e) the ages of the person holding the WWC clearance and of any victim at the time the person holding the WWC clearance committed, or allegedly committed, the offence; and

(f) whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the person committed, or allegedly committed, the offence; and

(g) the person's behaviour since the person committed, or allegedly committed, the offence; and

(h) the likelihood of future threat to a child caused by the person holding the WWC clearance; and

(i) any information given by the person in, or in relation to, the re‑assessment; and

S. 85(1)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.123).

(j) any other matter that the Regulator considers relevant to the re‑assessment.

S. 85(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.124).

(2) In determining whether a person holding a WWC clearance would not pose an unjustifiable risk to the safety of children, the Regulator must be satisfied that—

(a) a reasonable person would allow their child to have direct contact with the person holding the WWC clearance while that person was engaged in any type of child-related work; and

(b) the person's engagement in any type of child‑related work would not pose an unjustifiable risk to the safety of children.