Working with Children Check Act 2000
sec.304Cancelling authority issued because of wrong or incomplete information
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sec.304 Cancelling authority issued because of wrong or incomplete information
The chief executive may cancel a person’s working with children authority if the chief executive is satisfied— the decision to issue the authority was based on wrong or incomplete information; and having considered the correct or complete information, it is appropriate to issue a negative notice to the person. See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person. However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person. The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address. The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful. s 304 prev s 304 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 47 pres s 304 ins 2019 No. 18 s 48 amd 2024 No. 50 s 67 (sec.304-ssec.1) The chief executive may cancel a person’s working with children authority if the chief executive is satisfied— the decision to issue the authority was based on wrong or incomplete information; and having considered the correct or complete information, it is appropriate to issue a negative notice to the person. See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person. (sec.304-ssec.2) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person. The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address. The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.
- (a) the decision to issue the authority was based on wrong or incomplete information; and
- (b) having considered the correct or complete information, it is appropriate to issue a negative notice to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.