New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 28
Orders relating to disqualified and ineligible persons
28 Orders relating to disqualified and ineligible persons
(1) The Tribunal may, on the application of a disqualified person, make an
order declaring that the person is not to be treated as a disqualified person
for the purposes of this Act in respect of an offence specified in the order
(an
"enabling order" ). Any such order has effect according to its tenor.
(2) The
Tribunal may, on the application of a person who is not eligible to apply for
a clearance because the person has been previously refused a clearance, make
an order declaring that the person is to be treated as a person who is
eligible to apply for a clearance (an
"enabling order" ). Any such order has effect according to its tenor.
(3) A
disqualified person may make an application under this section only if-- (a)
the person has been refused a working with children check clearance, or
(b)
the person's clearance has been cancelled under section 23,
because the person
is a disqualified person.
(4) The Children's Guardian is to be a party to any
proceedings for an order under this section and may make submissions in
opposition to or support of the making of the order.
(5) An applicant must
fully disclose to the Tribunal any matters relevant to the application.
(6)
If the Tribunal makes an enabling order, the Tribunal may order the Children's
Guardian to revoke an interim bar or to grant the person a clearance.
(6A) To
avoid doubt, Division 5 of Part 3 applies to any clearance granted by the
Children's Guardian in accordance with the Tribunal's order.
(7) In any
proceedings where an enabling order is sought, it is to be presumed, unless
the applicant proves to the contrary, that the applicant poses a
risk to the safety of children.
(8) An enabling order may not be made subject
to conditions.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback