sec.133Other cancellation of exclusion

sec.133 Other cancellation of exclusion

The chief executive may act under this section whether or not a person made an application under section 130 . The chief executive may cancel the person’s exclusion if the chief executive is satisfied the person does not pose an unacceptable risk of harm to people with disability and any of the following apply— the exclusion was issued because the person was a disqualified person and the person is no longer a disqualified person; the chief executive is satisfied the decision to issue the exclusion was based on wrong or incomplete information; the chief executive becomes aware of information ( further information ) that— was not known to the chief executive when the decision to issue the exclusion was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability. A risk assessment of the person conducted before the chief executive makes a decision for a reason mentioned in subsection (2) (b) or (c) must include consideration of the correct and complete information or the further information. See section 129 in relation to making a decision under this section. s 133 prev s 133 om 2014 No. 12 s 59 pres s 133 amd 2010 No. 5 s 146; 2016 No. 9 s 42; 2018 No. 19 s 31 sub 2020 No. 39 s 11 (sec.133-ssec.1) The chief executive may act under this section whether or not a person made an application under section 130 . (sec.133-ssec.2) The chief executive may cancel the person’s exclusion if the chief executive is satisfied the person does not pose an unacceptable risk of harm to people with disability and any of the following apply— the exclusion was issued because the person was a disqualified person and the person is no longer a disqualified person; the chief executive is satisfied the decision to issue the exclusion was based on wrong or incomplete information; the chief executive becomes aware of information ( further information ) that— was not known to the chief executive when the decision to issue the exclusion was made; and in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability. (sec.133-ssec.3) A risk assessment of the person conducted before the chief executive makes a decision for a reason mentioned in subsection (2) (b) or (c) must include consideration of the correct and complete information or the further information. See section 129 in relation to making a decision under this section.

• (a) the exclusion was issued because the person was a disqualified person and the person is no longer a disqualified person;
• (b) the chief executive is satisfied the decision to issue the exclusion was based on wrong or incomplete information;
• (c) the chief executive becomes aware of information ( further information ) that— (i) was not known to the chief executive when the decision to issue the exclusion 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.