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CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 35
Notification by reporting bodies of conduct constituting assessment requirement trigger
35 Notification by reporting bodies of conduct constituting
assessment requirement trigger
(1) It is the duty of a reporting body to notify the Children's Guardian of
the name and other identifying particulars of any child-related worker against
whom the reporting body has made a finding that the worker has engaged in
conduct specified in clause 2 of Schedule 1.
(2) Notification under this
section does not extend to findings made by the reporting body before 3 July
1995 unless-- (a) the reporting body is otherwise directed in writing by the
Children's Guardian in respect of a finding made by the reporting body, or
(b) a person holding a key position in the organisation has knowledge of a
finding made by the reporting body.
(2A) A direction of the Children's
Guardian may specify a particular finding or may specify findings of a
particular class (such as findings against a specified person or findings
during a specified period).
(2B) Nothing in this section-- (a) prevents a
reporting body from notifying the Children's Guardian about a finding made
before 3 July 1995, or
(b) requires a reporting body or a person holding a
key position to review or to seek out records created before 3 July 1995,
otherwise than in accordance with a direction given under this section.
(3)
The regulations may make provision for or with respect to the following-- (a)
the form of any such notification,
(b) the provision by reporting bodies of
further particulars of any such matter, or any potential such matter, if
requested by the Children's Guardian,
(c) the keeping of records by reporting
bodies of information about such matters or potential such matters supplied to
the Children's Guardian,
(d) the amendment or withdrawal of a notification by
a reporting body.
(4) In this section--
"reporting body" means the following-- (c) a registration or other licensing
authority constituted under an Act,
(e) any other employer or professional or
other body that supervises the conduct of an employee prescribed by the
regulations for the purposes of this section.
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