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WORKING WITH CHILDREN ACT 2005 - SECT 21AC

Determination of re-assessment—category B

    (1)     A re-assessment is a category B re‑assessment if the Secretary re-assesses a person's eligibility to have an assessment notice because the Secretary is notified that—

S. 21AC(1)(a) amended by Nos 20/2015 s. 26, 47/2016 s. 49(2), substituted by No. 72/2016 s. 11(1).

        (a)     the person has been charged with or convicted or found guilty of a category B offence specified in clause 2, 8, 9 or 14A of Schedule 2 if the conduct constituting or alleged to constitute that offence occurred when the person was an adult; or

S. 21AC(1)(b) amended by Nos 20/2015 s. 26, 47/2016 s. 49(2).

        (b)     the person has been charged with or convicted or found guilty of a category B offence other than an offence specified in clause 2, 8, 9, 14A or 17 of Schedule 2; or

S. 21AC(1)(c) substituted by No. 72/2016 s. 11(2).

        (c)     the person has been charged with or convicted or found guilty of a category A offence specified in clause 1 or 2 of Schedule 1 if the conduct constituting or alleged to constitute that offence occurred when the person was a child.

    (2)     The Secretary must determine to revoke an assessment notice on a category B re‑assessment unless the Secretary is satisfied that the person having the notice would not pose an unjustifiable risk to the safety of children, having regard to—

        (a)     the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

        (b)     the period of time since the holder of the assessment notice committed, or allegedly committed, the offence; and

        (c)     whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

        (d)     the sentence imposed for the offence; and

        (e)     the ages of the holder and of any victim at the time the holder committed, or allegedly committed, the offence; and

        (f)     whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the holder committed, or allegedly committed, the offence; and

        (g)     the holder's behaviour since he or she committed, or allegedly committed, the offence; and

        (h)     the likelihood of future threat to a child caused by the holder; and

              (i)     any information given by the holder in, or in relation to, the re-assessment; and

        (j)     any other matter that the Secretary considers relevant to the re-assessment.

    (3)     In satisfying himself or herself that a person having an assessment notice would not pose an unjustifiable risk to the safety of children, the Secretary must be satisfied that—

S. 21AC(3)(a) amended by No. 72/2016 s. 11(3).

        (a)     a reasonable person would allow his or her child to have direct contact with the holder of the assessment notice while the holder was engaged in any type of child‑related work; and

        (b)     the holder's engagement in any type of child‑related work would not pose an unjustifiable risk to the safety of children.

S. 21AC(4) inserted by No. 72/2016 s. 11(4).

    (4)     For the purposes of this section, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

S. 21AD inserted by No. 66/2014 s. 23.



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