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WORKING WITH CHILDREN ACT 2005 - SECT 21B

Suspension powers on re-assessment


S. 21B(1) amended by No. 66/2014 s. 26(2).

    (1)     Despite section 21(6) and subject to subsection (1A), if the Secretary becomes aware that a person who has an assessment notice has become subject to an obligation or order specified in clause 1 of Schedule 3 or has been charged with or been convicted or found guilty of an offence specified in clause 2 of Schedule 3, the Secretary must suspend the person's assessment notice in accordance with this section pending the carrying out and completion of a re‑assessment under Division 5.

S. 21B(1A) inserted by No. 66/2014 s. 26(3).

    (1A)     The Secretary is not required to suspend a person's assessment notice pending the carrying out and completion of a re-assessment of that person's eligibility to have an assessment notice if—

        (a)     the person is being re-assessed because the Secretary was notified of a charge for an offence being finally dealt with; and

        (b)     a re-assessment was carried out on the Secretary being notified of the filing of the charge-sheet containing the charge.

S. 21B(2) amended by No. 66/2014 s. 26(4).

    (2)     If the person is being re-assessed because the Secretary was notified that the person has been charged with an offence specified in clause 2 of Schedule 3, the Secretary may reinstate that person's assessment notice if, after the suspension of the notice—

        (a)     the charge against the person is withdrawn; or

        (b)     the charge is dismissed by a court; or

        (c)     the person is acquitted of the offence by a court.

    (3)     A person whose assessment notice has been suspended is to be treated for the purposes of this Act as not having a current assessment notice for the period of the suspension of his or her notice.

    (4)     The Secretary must notify the person whose assessment notice has been suspended under this section as soon as possible after the suspension of the notice.

    (5)     If the Secretary is aware that the person whose assessment notice has been suspended is a person who—

        (a)     is, or is proposed to be, engaged in child‑related work by another person; or

        (b)     is listed with an agency

the Secretary, if he or she is aware of the identity of that other person or that agency, must notify the person or agency in writing of the suspension of the person's notice.

S. 21B(6) inserted by No. 66/2014 s. 26(5).

    (6)     If the Secretary

        (a)     has notified a person or agency under subsection (5) that a person's assessment notice has been suspended; and

        (b)     finally determines not to revoke that assessment notice

the Secretary must give notice in writing to that person or that agency of the determination not to revoke the assessment notice.

S. 21C inserted by No. 66/2014 s. 27.



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