Working with Vulnerable People (Background Checking) Act 2011
22Restriction on reapplying for registration
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22 Restriction on reapplying for registration (1) This section applies to a person if— (a) the person is given a negative notice; or Note Negative notice—see s 40 (2). (b) the person’s registration is cancelled.
(2) The person may apply for registration under section 17 only if— (a) it is at least 5 years after the day— (i) the person was given the negative notice; or (ii) the cancellation took effect; or Note For when a cancellation takes effect, see s 59 (4). (b) there has been a change in relevant information about the person since— (i) the person was given the negative notice; or (ii) the cancellation took effect 1 a person has been acquitted of a previously pending charge for a relevant 2 a person’s conviction for a relevant offence has been quashed (3) However, subsection (2) (a) does not apply to a person if— (a) the negative notice was given or registration cancelled because the person was not eligible, or stopped being eligible, to be registered under section 17 (2); and (b) the person is applying for registration to engage in a regulated activity involving children or an NDIS activity. 1 the person’s conviction for the class A disqualifying offence is quashed 2 the person becomes a kinship carer for a child Note A negative notice must be given under s 40 (1) (a) if the person is not eligible to be registered. Registration is automatically cancelled under s 56A if the person is not eligible to be registered. (4) The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.
(5) In this section: cancellation, of registration, includes a cancellation (however described) of registration under a corresponding law. negative notice includes a negative notice (however described) under a corresponding law.