Disability Services Act 2006
sec.110Application of subdivision
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sec.110 Application of subdivision
This subdivision applies in relation to a person who holds a clearance if— the person— is charged with a disqualifying offence that has not been dealt with; and was an adult when the offence is alleged to have been committed; or the person becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; or the chief executive— is conducting a risk assessment of the person under subdivision 1 ; and reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability. s 110 ins 2010 No. 5 s 133 amd 2013 No. 14 s 54 sch sub 2020 No. 39 s 11
- (a) the person— (i) is charged with a disqualifying offence that has not been dealt with; and (ii) was an adult when the offence is alleged to have been committed; or
- (i) is charged with a disqualifying offence that has not been dealt with; and
- (ii) was an adult when the offence is alleged to have been committed; or
- (b) the person becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; or
- (c) the chief executive— (i) is conducting a risk assessment of the person under subdivision 1 ; and (ii) reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.
- (i) is conducting a risk assessment of the person under subdivision 1 ; and
- (ii) reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.
- (i) is charged with a disqualifying offence that has not been dealt with; and
- (ii) was an adult when the offence is alleged to have been committed; or
- (i) is conducting a risk assessment of the person under subdivision 1 ; and
- (ii) reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.