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CHILD PROTECTION REFORM AND OTHER LEGISLATION AMENDMENT ACT 2022 - SECT 80

Amendment of s 228 (Deciding exceptional case if disciplinary information or other relevant information exists)

80 Amendment of s 228 (Deciding exceptional case if disciplinary information or other relevant information exists)

(1) Section 228 , heading, ‘disciplinary information or’—
omit.
(2) Section 228 (1) (b) , before subparagraph (i)
insert—
(iaa) domestic violence information about the person; or
(3) Section 228 (1) (b) (iaa) to (ii)—
renumber as section 228 (1) (b) (i) to (iii) .
(4) Section 228 (2) and (3)
omit, insert—
(2) The chief executive must have regard to the following matters in relation to the information—
(a) if the chief executive is aware of domestic violence information about the person—the circumstances of a domestic violence order or police protection notice mentioned in the information, including the conditions imposed on the person by the order or notice;
(b) if the chief executive is aware of disciplinary information about the person—
(i) the decision or order of the decision-maker relating to the disciplinary information and the reasons for the decision or order; and
(ii) any decision or order of an entity hearing and deciding a review of, or appeal against, a decision or order mentioned in subparagraph (i), and the reasons for the decision or order;
(d) if the chief executive is aware of other information about the person mentioned in subsection (1)—the nature of the information, including the circumstances and gravity of the behaviour or conduct the subject of the information;
(e) the length of time that has passed since the event or conduct the subject of the information occurred;
(f) the relevance of the information to employment, or carrying on a business, that involves or may involve children;
(g) anything else relating to the information that the chief executive reasonably believes is relevant to the assessment of the person.



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