sec.229Deciding application—exceptional case

sec.229 Deciding application—exceptional case

This section applies if the person who made the application— has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or has been convicted of a serious offence at any time. The chief executive must refuse the application. However, the chief executive may approve the application if the chief executive is satisfied it is an exceptional case in which the person would not pose a risk to the safety of children if a working with children authority were issued to the person. In deciding whether a case is an exceptional case, the chief executive must conduct a risk assessment. s 229 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 45 ; 2022 No. 7 ss 81 , 107 sub 2024 No. 50 s 56 (sec.229-ssec.1) This section applies if the person who made the application— has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or has been convicted of a serious offence at any time. (sec.229-ssec.2) The chief executive must refuse the application. (sec.229-ssec.3) However, the chief executive may approve the application if the chief executive is satisfied it is an exceptional case in which the person would not pose a risk to the safety of children if a working with children authority were issued to the person. (sec.229-ssec.4) In deciding whether a case is an exceptional case, the chief executive must conduct a risk assessment.

• (a) has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or
• (b) has been convicted of a serious offence at any time.