New South Wales Repealed Acts

This legislation has been repealed.

CHILD PROTECTION (PROHIBITED EMPLOYMENT) ACT 1998 - SECT 8A

8A Commission may make declarations concerning prohibited persons

(1) On the application of a prohibited person, the Commission for Children and Young People may make an order declaring that this Act is not to apply to the person in respect of a specified offence.

(2) An application under this section must be made in a form approved by the Commission for Children and Young People.

(3) The Commission for Children and Young People is not to make an order under this section unless it considers that the person the subject of the proposed order does not pose a risk to the safety of children.

(4) In deciding whether or not to make an order under this section in relation to a person, the Commission for Children and Young People is to take into account the matters referred to in section 9 (5) (a)–(e) and such other matters as it considers relevant.

(5) Orders under this section may be made subject to conditions.

(6) The Commission for Children and Young People is not to make an order under this section that is subject to conditions without the consent in writing of the applicant to the conditions.

(7) If the Commission for Children and Young People proposes to make an order under this section that is subject to conditions, it is to notify the applicant in writing that:

(a) it proposes to make the order subject to the conditions specified in the notification, and

(b) the applicant may consent in writing to the making of the order subject to those specified conditions or request the Commission to take no further action, and

(c) the Commission will take no further action in relation to the application unless the applicant has consented in writing to the making of the proposed order subject to the specified conditions, and

(d) if the applicant does not consent to the making of the order subject to the specified conditions, the applicant may apply under section 9 to the Industrial Relations Commission or the Administrative Decisions Tribunal for an order declaring that this Act is not to apply to the person in respect of a specified offence.

(8) If the Commission for Children and Young People makes an order under this section, it is to notify the applicant in writing that the Commission has made the order and (if applicable) that the order is subject to the conditions specified in the notification.

(9) If the Commission for Children and Young People considers that an applicant under this section poses a risk to the safety of children or, for whatever reason, cannot make a decision as to whether the applicant poses such a risk, the Commission is to notify the applicant in writing that:

(a) the Commission cannot make an order under this section, and

(b) the Commission will take no further action in relation to the application, and

(c) the applicant may apply under section 9 to the Industrial Relations Commission or the Administrative Decisions Tribunal for an order declaring that this Act is not to apply to the person in respect of a specified offence.

(10) On an application under this section, the Commission for Children and Young People may, by order, stay the operation of a prohibition under this Act pending the determination of the matter.

(11) The Commission for Children and Young People must notify the Commissioner of Police of the terms of any order made under this section.