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CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 27
Applications to Civil and Administrative Tribunal for administrative reviews of clearance decisions
27 Applications to Civil and Administrative Tribunal for administrative
reviews of clearance decisions
(1) A person who has been refused a working with children check clearance by
the Children's Guardian may apply to the Tribunal for an administrative review
under the Administrative Decisions Review Act 1997 of the decision within 28
days after notice of the decision was given to the person.
(2) A person whose
clearance is cancelled by the Children's Guardian under section 23 may apply
to the Tribunal for an administrative review under the
Administrative Decisions Review Act 1997 of the decision within 28 days after
notice of the decision was given to the person.
(3) A person who is subject
to an interim bar imposed by the Children's Guardian may apply to the Tribunal
for an administrative review under the Administrative Decisions Review Act
1997 of the decision, but only if the interim bar has been in force for more
than 6 months.
(4) An applicant must fully disclose to the Tribunal any
matters relevant to the application.
(7) Section 53 of the Administrative
Decisions Review Act 1997 does not apply to a decision that may be reviewed by
the Tribunal under this section.
(8) The Tribunal must not, on a review of a
decision under this section, make a stay order in respect of the decision
unless the Tribunal is satisfied that there are appropriate arrangements in
place for the supervision and enforcement of the conditions (if any) of the
stay order by the person's employer.
(9) A
"stay order" is an order under section 60 of the
Administrative Decisions Review Act 1997 that stays or otherwise affects the
operation of a decision that is subject to review by the Tribunal under this
section.
(10) This section does not otherwise affect the operation of
Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act
1997 .
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