Child Protection (Working with Children) Act 2012 No 51
Current version for 25 March 2020 to date (accessed 6 August 2020 at 02:53)
Part 3 Division 5
Division 5 Duration and termination of clearances
22   Duration of clearances
(1)  A working with children check clearance ceases to have effect 5 years after the date it is granted, unless it is sooner cancelled or surrendered.
(2)  The holder of a clearance may apply for a new clearance at any time within the period beginning 3 months before the expiry of the clearance.
(3)  The following arrangements apply for the purpose of facilitating alignment of the periods for which a clearance granted to a person under this Act and a clearance granted to the person under the National Disability Insurance Scheme (Worker Checks) Act 2018 are in force—
(a)  a working with children check clearance may, at the discretion of the Children’s Guardian and with the agreement of the applicant, be granted so as to be in force for a period of less than 5 years,
(b)  the period for which a working with children check clearance is in force may be shortened after the clearance is granted at the discretion of the Children’s Guardian and on the application of the holder of the clearance,
(c)  the holder of a working with children check clearance may, with the approval of the Children’s Guardian, apply for a new working with children check clearance earlier than 3 months before the expiry of the clearance,
(d)  the Children’s Guardian may approve a reduction in the fee payable, or a refund of part of any fee paid, to reflect any reduction in the period for which a working with children check clearance is or is to be in force.
23   Cancellation of clearances
(1)  The Children’s Guardian must cancel the working with children check clearance of a person if the Children’s Guardian becomes aware that the person is a disqualified person or the Children’s Guardian is satisfied that the person poses a risk to the safety of children.
(2)  The Children’s Guardian must notify the holder of the clearance in writing of the Children’s Guardian’s decision to cancel the clearance.
(3)  Notice of a decision to cancel a clearance must set out the reasons for the cancellation and the right to seek a review under Part 4.
(4)  The Children’s Guardian must as soon as practicable after cancelling a clearance, give written notice of that cancellation to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.
Note.
 The holder of a clearance may also be made subject to an interim bar (see section 17).
24   Surrender of clearances
(1)  The holder of a working with children check clearance may, with the consent of the Children’s Guardian, surrender the clearance at any time.
(2)  The Children’s Guardian must not consent to the surrender of a clearance if the Children’s Guardian is of the opinion that it is likely that there is a risk to the safety of children if the holder were to engage in child-related work.
(3)  The Children’s Guardian must, as soon as practicable after consenting to the surrender of a clearance, cancel the clearance and give written notice of that cancellation to each person that the Children’s Guardian reasonably believes to be a notifiable person in relation to the holder of the clearance.