87Determination of WWC category C re‑assessment

87 Determination of WWC category C re‑assessment

S. 87(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).

(1) The Regulator must not revoke a WWC clearance on a WWC category C re‑assessment unless—

S. 87(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).

(a) the Regulator is satisfied that the person holding 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. 87(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.126).

(b) the Regulator is satisfied that—

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

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

S. 87(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.127).

(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 holder of the WWC clearance 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 holder and of any victim at the time the holder 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 holder engaged, or allegedly engaged, in it; and

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

(h) the likelihood of future threat to a child caused by the holder; and

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

S. 87(2)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.127).

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

Division 4—Intention to revoke WWC clearance

S. 87A inserted by No. 33/2025 s. 8.