Disability Services Act 2006
sec.117Chief executive decides to cancel suspended clearance
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sec.117 Chief executive decides to cancel suspended clearance
If the chief executive decides to cancel the person’s clearance under section 115 , the chief executive must— cancel the clearance; and issue an exclusion to the person as follows— for a person who held an NDIS clearance—an NDIS exclusion; for a person who held a State clearance—a State exclusion; and give the person a notice that states— the decision and reasons for the decision; and that, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and the relevant review and appeal information; and the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and give each notifiable person for the person, and each potential employer of the person given notice about the suspension of the clearance under section 112 (2) , a notice that states— the person’s clearance has been cancelled; and the person has been issued an exclusion; and it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work. See section 138ZZB in relation to notices under this paragraph if the NDIS commission communicates the relevant information to the notifiable person. Also, the chief executive may give a notice mentioned in subsection (1) (d) to another potential employer of the person. s 117 amd 2010 No. 5 s 140; 2017 No. 14 s 50 sch 1 sub 2020 No. 39 s 11 (sec.117-ssec.1) If the chief executive decides to cancel the person’s clearance under section 115 , the chief executive must— cancel the clearance; and issue an exclusion to the person as follows— for a person who held an NDIS clearance—an NDIS exclusion; for a person who held a State clearance—a State exclusion; and give the person a notice that states— the decision and reasons for the decision; and that, if the person has not returned the person’s clearance card to the chief executive, under section 128 , the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and the relevant review and appeal information; and the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and give each notifiable person for the person, and each potential employer of the person given notice about the suspension of the clearance under section 112 (2) , a notice that states— the person’s clearance has been cancelled; and the person has been issued an exclusion; and it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work. See section 138ZZB in relation to notices under this paragraph if the NDIS commission communicates the relevant information to the notifiable person. (sec.117-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) (d) to another potential employer of the person.