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    What measures provide procedural fairness in the assessment?

    The Child Safety (Prohibited Persons) Regulations 2019 (SA) require the screening unit to [reg 10(1)(a) and (b)]:

    • take reasonable steps to notify the person to whom the WWCC relates of the application (if they are not the applicant) and any assessable information known to the unit,
    • specify a period within which the person may make submissions to the unit in relation to the assessable information, and
    • have regard to any submissions made by them within the specified period

    This does not apply where [reg 10(2)]:

    • the Registrar is of the opinion, based on the information available to the Registrar, that the person poses an immediate and serious risk to child safety
    • the assessable information consists of or includes information relating to a prescribed offence with which the person has been charged, but has not yet been determined
    • the person is already a prohibited person
    • any other instances determined by the Registrar

    If the unit prohibits a person from working with children, the unit must provide reasons for the prohibition in accordance with the guidelines published in the Gazette [reg 10(1)(c) and s 4]. Section 10 of the Child Safety (Prohibited Persons) Act 2016 (SA) does, however, provide an exception to the requirement to provide reasons relating to criminal intelligence, see How is a prohibition notice issued or revoked?

    What measures provide procedural fairness in the assessment?  :  Last Revised: Fri Jun 28th 2019
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