Deciding application—exceptional circumstances for adult offender
91 Deciding application—exceptional circumstances for adult offender
(1) This section applies if the chief executive is aware—
(a) the person has
a conviction for a serious offence and was an adult when the offence was
committed; or
(b) the person—
(i) has been charged with a disqualifying
offence or serious offence that has not been dealt with; and
(ii) was an
adult when the offence is alleged to have been committed.
Note—
See
section 95for the requirement for the chief executive to give the person a
show cause notice before deciding the person’s application if this section
applies.
(2) The chief executive must issue the person an exclusion.
(3)
However, the chief executive may issue the person a clearance if satisfied
there are exceptional circumstances such that the person does not pose an
unacceptable risk of harm to people with disability.
