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CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 30
Determination of applications and other matters
30 Determination of applications and other matters
(1) The Tribunal must consider the following in determining an application
under this Part-- (a) the seriousness of the offences with respect to which
the person is a disqualified person or any matters that caused a refusal of a
clearance or imposition of an interim bar,
(b) the period of time since those
offences or matters occurred and the conduct of the person since they
occurred,
(c) the age of the person at the time the offences or matters
occurred,
(d) the age of each victim of any relevant offence or conduct at
the time they occurred and any matters relating to the vulnerability of the
victim,
(e) the difference in age between the victim and the person and the
relationship (if any) between the victim and the person,
(f) whether the
person knew, or could reasonably have known, that the victim was a child,
(g)
the person's present age,
(h) the seriousness of the person's
criminal history and the conduct of the person since the matters occurred,
(i) the likelihood of any repetition by the person of the offences or conduct
and the impact on children of any such repetition,
(i1) any order of a court
or tribunal that is in force in relation to the person,
(j) any information
given by the applicant in, or in relation to, the application,
(j1) any
relevant information in relation to the person that was obtained in accordance
with section 36A,
(k) any other matters that the Children's Guardian
considers necessary.
(1A) The Tribunal may not make an order under this Part
which has the effect of enabling a person (the
"affected person" ) to work with children in accordance with this Act unless
the Tribunal is satisfied that-- (a) a reasonable person would allow his or
her child to have direct contact with the affected person that was not
directly supervised by another person while the affected person was engaged in
any child-related work, and
(b) it is in the public interest to make the
order.
(2) On an application under section 29, the Tribunal may, by order,
stay the operation of a determination by the Children's Guardian under this
Act relating to the applicant pending the determination of the matter. Note :
Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act
1997 enables a decision the subject of an application under section 27 of this
Act for an administrative review under that Act to be stayed by the Tribunal.
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