New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 17

17 Interim bars

(1) The Children's Guardian may, at any time after receiving an application for a working with children check clearance or commencing an assessment of an applicant for or holder of a clearance, determine that the applicant or holder is subject to an
"interim bar" , being a bar on the applicant or holder doing any of the following--

(a) engaging in child-related work,

(b) residing on the same property as an authorised carer,

(c) residing on a property where a family day care service is provided.

(2) The Children's Guardian may make a determination under this section if it is of the opinion that it is likely that there is a risk to the safety of children if the applicant or holder engages in child-related work or resides on a property referred to in subsection (1)(b) or (c) pending the determination of the application or assessment.

(3) The Children's Guardian must as soon as practicable after determining that an applicant or holder is subject to an interim bar, give written notice of that determination to the applicant or holder and to each person that the Children's Guardian reasonably believes to be a notifiable person in relation to the applicant or holder.

(4) An interim bar ceases to have effect--

(a) on notification in writing by the Children's Guardian to the applicant or holder that the interim bar is revoked, or

(b) in the case of an applicant for a clearance, if the applicant is granted or refused a clearance, or

(c) 12 months after the interim bar takes effect,

whichever occurs first.