DISABILITY SERVICES ACT 2006 - SECT 303
Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person
DISABILITY SERVICES ACT 2006 - SECT 303
Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person
303 Existing prescribed notice application if person charged with new
disqualifying offence or is new disqualified person but not new relevant
disqualified person
(1) This section applies if—
(a) before the
commencement a prescribed notice application had been made about a person; and
(b) immediately before the commencement the application had not been decided
or withdrawn; and
(c) at the commencement the person—
(i) is charged with a
new disqualifying offence; or
(ii) is a new disqualified person but not a new
relevant disqualified person.
Note—
If a person holds a positive notice,
see also sections 306 and 307.
(2) Subsection (3) applies if—
(a) at the
commencement the person is charged with a new disqualifying offence; or
(b)
at the commencement the person is a new disqualified person but not a new
relevant disqualified person and, at the time of making the application—
(i)
was not issued, or not taken to have been issued, an eligibility declaration;
and
(ii) did not hold a positive notice.
(3) At the commencement—
(a) the
application is taken to be withdrawn; and
(b) the chief executive must give
written notice about the withdrawal of the application to the person and the
funded non-government service provider who made the application.
Note—
If
a person charged with a new disqualifying offence also holds a positive
notice, see also sections 307 and 86.
(4) Subsection (5) applies if the
person is a new disqualified person but not a new relevant disqualified person
and at the time of making the application the person—
(a) was not issued, or
not taken to have been issued, an eligibility declaration; and
(b) held a
positive notice that was not suspended.
(5) At the commencement—
(a) the
person is taken to have been issued an eligibility declaration other than for
section 54(6)(b); and
(b) the chief executive must decide the application
under the amended Act.
(6) If the person is a new disqualified person but not
a new relevant disqualified person and, at the time of the application the
person was issued an eligibility declaration, at the commencement the chief
executive must decide the application under the amended Act but section
54(6)(b) does not apply to the chief executive making the decision.
(7) For
subsections (3) and (6), if before the commencement the chief executive had,
under section 82, cancelled a negative notice issued to the person, on the
commencement section 54(6)(a) does not apply to the chief executive making the
decision.
