DISABILITY SERVICES ACT 2006 - SECT 281 Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person

DISABILITY SERVICES ACT 2006 - SECT 281

281 Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person

(1) This section applies to a prescribed notice application made before the commencement if the application—

(a) has not been decided or withdrawn at the commencement; and

(b) relates to a person who is a disqualified person but not a relevant disqualified person.

(2) If, at the time of the application, the person did not hold a positive notice or held a positive notice that was suspended under section 86—

(a) the application is taken to have been withdrawn; and

(b) the chief executive must give notice of the withdrawal to the person and the funded non-government service provider who made the application.

(3) If, at the time of the application, the person held a positive notice that was not suspended under section 86—

(a) the person is taken to have been issued with an eligibility declaration other than for section 54(6)(b); and

(b) the chief executive must decide the application under this Act.

(4) Subject to subsection (5), this Act applies to an application mentioned in subsection (3)(b) and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.

(5) Despite section 58(2), a prescribed notice issued under subsection (3)(b) in relation to a prescribed notice application made before the commencement remains current for 2 years after it is issued, unless it is earlier cancelled under part 5, division 8.