Disability Services Act 2006
sec.121Cancelling clearance—new relevant information
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sec.121 Cancelling clearance—new relevant information
The chief executive must cancel a person’s clearance if the chief executive— becomes aware of information that— was not known to the chief executive when the decision to issue the clearance was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and has not suspended the person’s clearance under section 111 ; and decides the person poses an unacceptable risk of harm to people with disability. See sections 108 (2) and 109 in relation to making a decision under this section. A risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1) (c) must include consideration of the information mentioned in subsection (1) (a) . s 121 ins 2010 No. 5 s 141 sub 2020 No. 39 s 11 (sec.121-ssec.1) The chief executive must cancel a person’s clearance if the chief executive— becomes aware of information that— was not known to the chief executive when the decision to issue the clearance was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and has not suspended the person’s clearance under section 111 ; and decides the person poses an unacceptable risk of harm to people with disability. See sections 108 (2) and 109 in relation to making a decision under this section. (sec.121-ssec.2) A risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1) (c) must include consideration of the information mentioned in subsection (1) (a) .
- (a) becomes aware of information that— (i) was not known to the chief executive when the decision to issue the clearance was made; and (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and
- (i) was not known to the chief executive when the decision to issue the clearance was made; and
- (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and
- (b) has not suspended the person’s clearance under section 111 ; and
- (c) decides the person poses an unacceptable risk of harm to people with disability.
- (i) was not known to the chief executive when the decision to issue the clearance was made; and
- (ii) in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and