DISABILITY SERVICES ACT 2006 - SECT 133
Other cancellation of exclusion
DISABILITY SERVICES ACT 2006 - SECT 133
Other cancellation of exclusion
133 Other cancellation of exclusion
(1) The chief executive may act under this section whether or not a person
made an application under section 130.
(2) The chief executive may cancel
the person’s exclusion if the chief executive is satisfied the person does
not pose an unacceptable risk of harm to people with disability and any of the
following apply—
(a) the exclusion was issued because the person was a
disqualified person and the person is no longer a disqualified person;
(b)
the chief executive is satisfied the decision to issue the exclusion was based
on wrong or incomplete information;
(c) the chief executive becomes aware of
information (
"further information" ) that—
(i) was not known to the chief executive when
the decision to issue the exclusion was made; and
(ii) in the chief
executive’s opinion, is relevant to whether the person poses a risk of harm
to people with disability.
(3) A risk assessment of the person conducted
before the chief executive makes a decision for a reason mentioned in
subsection (2) (b) or (c) must include consideration of the correct and
complete information or the further information.
Note—
See section 129in
relation to making a decision under this section.