93APower to cancel WWC clearance

93A Power to cancel WWC clearance

S. 93A(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.151).

(1) The Regulator may cancel a person's WWC clearance if—

(a) the person had given information that was false or misleading in a material particular in or in connection with—

(i) the application for the WWC check; or

(ii) re‑assessment of eligibility to hold the WWC clearance; or

(b) the clearance was given on an application for a WWC check that was prohibited by this Act.

(2) A person whose WWC clearance is cancelled ceases to be the holder of a WWC clearance.

S. 93A(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).

(3) If the Regulator cancels a person's WWC clearance, the Regulator must give the person a written notice that—

(a) states the reasons for cancelling the person's WWC clearance; and

(b) in the case of a cancellation under subsection (1)(a), informs the person that the person may apply for a WWC check; and

S. 93A(3)(c) amended by No. 58/2025 s. 27.

(c) in the case of a cancellation under subsection (1)(a), explains how an application for a WWC check may be made; and

S. 93A(3)(d) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).

(d) requires the person to surrender the WWC clearance document to the Regulator in the manner specified in the notice and within the period for doing so specified in the notice.

(4) A person must not, without reasonable excuse, refuse or fail to surrender a document as required by a notice under subsection (3).

S. 93A(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.152).

(5) If the Regulator is aware that a person whose WWC clearance is cancelled—

(a) is, or is proposed to be, engaged in
child-related work by another person; or

the Regulator, if the Regulator is aware of the identity of that other person or that agency, must notify that other person or agency in writing of the cancellation.

Chapter 4—Review

Part 4.1—Internal review of decisions relating to NDIS clearances

94 Decisions for which internal review may be sought

(1) Subject to this section, a person may apply for internal review of—

S. 94(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.153).

(a) a decision by the Regulator under section 31(2) to give the person an NDIS exclusion on an application for an NDIS check; or

S. 94(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.153).

(b) a decision by the Regulator under section 51 to revoke the person's NDIS clearance on a re‑assessment of the person's eligibility to hold an NDIS clearance.