Working with Children Check Act 2000
sec.239Term of exemption
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sec.239 Term of exemption
Unless an event mentioned in subsection (4) happens earlier, the term of a working with children exemption issued to a person is— if the chief executive decides the term of the exemption under subsection (2) —the term decided by the chief executive; or otherwise—3 years. The chief executive may decide that the term of a person’s working with children exemption is the same as the term of— if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or a disability clearance otherwise held by the person. The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years. Under the Disability Services Act 2006 , section 101 , the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years. For subsection (1) , each of the following is an event for a working with children exemption— the term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher; the exemption is cancelled under part 5A . s 239 prev s 239 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 38 pres s 239 ins 2024 No. 50 s 56 (sec.239-ssec.1) Unless an event mentioned in subsection (4) happens earlier, the term of a working with children exemption issued to a person is— if the chief executive decides the term of the exemption under subsection (2) —the term decided by the chief executive; or otherwise—3 years. (sec.239-ssec.2) The chief executive may decide that the term of a person’s working with children exemption is the same as the term of— if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or a disability clearance otherwise held by the person. (sec.239-ssec.3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years. Under the Disability Services Act 2006 , section 101 , the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years. (sec.239-ssec.4) For subsection (1) , each of the following is an event for a working with children exemption— the term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher; the exemption is cancelled under part 5A .
- (a) if the chief executive decides the term of the exemption under subsection (2) —the term decided by the chief executive; or
- (b) otherwise—3 years.
- (a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or
- (b) a disability clearance otherwise held by the person.