New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 13A

13A Embargo after refusal of application or cancellation of clearance

(1) A person who is refused a working with children check clearance, or whose clearance is cancelled under section 23, is not entitled to make a further application for a clearance--

(a) until 5 years after the date notice of the refusal or cancellation was given to the person, or

(b) unless a further early application is permitted under this section.

(2) A further early application is permitted if, after the date of the refusal or cancellation--

(a) relevant proceedings pending at the date of the refusal or cancellation are withdrawn or dealt with without the person being found guilty of the offence, or

(b) a relevant finding of guilt is quashed or set aside, or

(c) a relevant finding the subject of an assessment requirement--

(i) is quashed or set aside, or

(ii) otherwise expressly or impliedly ceases to have effect.

(3) In this section--

"relevant" , in relation to proceedings or a finding, means relevant to the refusal or cancellation.