DISABILITY SERVICES ACT 2006 - SECT 284 Existing positive notices held by disqualified persons who are not relevant disqualified persons

DISABILITY SERVICES ACT 2006 - SECT 284

284 Existing positive notices held by disqualified persons who are not relevant disqualified persons

(1) This section applies in relation to a positive notice issued under section 54(2)(a) before the commencement to a person who is a disqualified person but who is not—

(a) a relevant disqualified person; or

(b) a person in relation to whom the chief executive has started, before the commencement, to exercise a power under section 83.

(2) If, at the commencement, the positive notice is not suspended under section 86, the person is taken to have been issued with an eligibility declaration.

(3) If, at the commencement, the positive notice is suspended under section 86, this Act continues to apply in relation to the positive notice.

(4) If, after the commencement, the chief executive is to make a decision about the person under section 54, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 54(6)(b) does not apply to the chief executive making the decision.

(5) Without limiting subsection (3), the chief executive may have regard to a charge or conviction of a person for a new disqualifying offence happening before the commencement in making a decision about the person or the person’s positive notice under this Act.

(6) In this section—


"new disqualifying offence" means an offence that—

(a) is a disqualifying offence under this Act; but

(b) was not an excluding offence under section 81 as in force immediately before the commencement.