sec.116Application to chief executive to end suspension of clearance

sec.116 Application to chief executive to end suspension of clearance

If the person’s clearance has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the clearance. The application must be made in the approved form and in an approved way. The chief executive is not required to decide the person’s application if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended. The chief executive may decide the application— by deciding under section 115 whether or not to cancel the person’s clearance; or by deciding— not to make a decision under section 115 ; and to continue the suspension of the person’s clearance. If the chief executive makes a decision mentioned in subsection (4) (b) , the chief executive must give the person a notice that states— the decision and reasons for the decision; and the relevant review and appeal information. s 116 ins 2010 No. 5 s 139 sub 2020 No. 39 s 11 (sec.116-ssec.1) If the person’s clearance has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the clearance. (sec.116-ssec.2) The application must be made in the approved form and in an approved way. (sec.116-ssec.3) The chief executive is not required to decide the person’s application if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended. (sec.116-ssec.4) The chief executive may decide the application— by deciding under section 115 whether or not to cancel the person’s clearance; or by deciding— not to make a decision under section 115 ; and to continue the suspension of the person’s clearance. (sec.116-ssec.5) If the chief executive makes a decision mentioned in subsection (4) (b) , the chief executive must give the person a notice that states— the decision and reasons for the decision; and the relevant review and appeal information.

• (a) a charge for an offence against the person has not been dealt with; or
• (b) the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.
• (a) by deciding under section 115 whether or not to cancel the person’s clearance; or