sec.140AGCancellation of certificate of approval

### sec.140AG Cancellation of certificate of approval If an approved carer is issued with a negative notice under a prescribed provision, the chief executive must cancel the carer’s certificate of approval as soon as practicable after the day the notice is issued. If an approved carer’s certificate of approval is suspended under this subdivision and the carer is issued with a negative notice, other than under a prescribed provision, the chief executive must cancel the certificate of approval as soon as practicable after— if the carer does not apply for a review of the decision to issue the notice—the end of the period in which the carer may apply for the review; or if the carer applies for a review and the decision to issue the notice is upheld on the review—the day the decision is upheld. If a relevant person for an approved carer’s certificate of approval is issued with a negative notice under a prescribed provision, the chief executive may cancel the certificate of approval after the day the notice is issued, whether or not the certificate has been suspended under this subdivision. If an approved carer’s certificate of approval is suspended under this subdivision and a relevant person for the carer’s certificate of approval is issued with a negative notice, other than under a prescribed provision, the chief executive may cancel the certificate of approval after— if the relevant person does not apply for a review of the decision to issue the notice—the end of the period in which the person may apply for the review; or if the relevant person applies for a review and the decision to issue the notice is upheld on the review—the day the decision is upheld. The chief executive must not cancel a certificate of approval under subsection (3) or (4) if satisfied the relevant person is no longer a member of the approved carer’s household. s 140AG ins 2006 No. 17 s 9 amd 2010 No. 5 s 37 ; 2019 No. 18 s 86 (2) sch 2 amd 2024 No. 50 s 9 (uncommenced amendment) (sec.140AG-ssec.1) If an approved carer is issued with a negative notice under a prescribed provision, the chief executive must cancel the carer’s certificate of approval as soon as practicable after the day the notice is issued. (sec.140AG-ssec.2) If an approved carer’s certificate of approval is suspended under this subdivision and the carer is issued with a negative notice, other than under a prescribed provision, the chief executive must cancel the certificate of approval as soon as practicable after— if the carer does not apply for a review of the decision to issue the notice—the end of the period in which the carer may apply for the review; or if the carer applies for a review and the decision to issue the notice is upheld on the review—the day the decision is upheld. (sec.140AG-ssec.3) If a relevant person for an approved carer’s certificate of approval is issued with a negative notice under a prescribed provision, the chief executive may cancel the certificate of approval after the day the notice is issued, whether or not the certificate has been suspended under this subdivision. (sec.140AG-ssec.4) If an approved carer’s certificate of approval is suspended under this subdivision and a relevant person for the carer’s certificate of approval is issued with a negative notice, other than under a prescribed provision, the chief executive may cancel the certificate of approval after— if the relevant person does not apply for a review of the decision to issue the notice—the end of the period in which the person may apply for the review; or if the relevant person applies for a review and the decision to issue the notice is upheld on the review—the day the decision is upheld. (sec.140AG-ssec.5) The chief executive must not cancel a certificate of approval under subsection (3) or (4) if satisfied the relevant person is no longer a member of the approved carer’s household. - (a) if the carer does not apply for a review of the decision to issue the notice—the end of the period in which the carer may apply for the review; or - (b) if the carer applies for a review and the decision to issue the notice is upheld on the review—the day the decision is upheld. - (a) if the relevant person does not apply for a review of the decision to issue the notice—the end of the period in which the person may apply for the review; or - (b) if the relevant person applies for a review and the decision to issue the notice is upheld on the review—the day the decision is upheld.