Disability Services Act 2006
sec.138LConsequence of decision on appeal
Start here
Get a plain-English read of sec.138L
Turn the raw legal text into a practical explanation grounded in Disability Services Act 2006.
sec.138L Consequence of decision on appeal
This section applies if a Magistrates Court decides an appeal about an investigative information decision under section 138K . If the court decides to set aside the investigative information decision, the appellant may apply to the chief executive under section 130 (1) (b) to cancel the appellant’s exclusion. If the court confirms the investigative information decision, the appellant may apply under section 138ZT for an internal review of the decision to issue the exclusion to the appellant, subject to section 138ZT (2) . An application mentioned in subsection (3) — must be made within 28 days after the appellant receives the notice under section 138K (6) ; and may be made even if the appellant applied for an internal review of the decision to issue the exclusion to the appellant before the court decided the appeal. s 138L ins 2020 No. 39 s 11 (sec.138L-ssec.1) This section applies if a Magistrates Court decides an appeal about an investigative information decision under section 138K . (sec.138L-ssec.2) If the court decides to set aside the investigative information decision, the appellant may apply to the chief executive under section 130 (1) (b) to cancel the appellant’s exclusion. (sec.138L-ssec.3) If the court confirms the investigative information decision, the appellant may apply under section 138ZT for an internal review of the decision to issue the exclusion to the appellant, subject to section 138ZT (2) . (sec.138L-ssec.4) An application mentioned in subsection (3) — must be made within 28 days after the appellant receives the notice under section 138K (6) ; and may be made even if the appellant applied for an internal review of the decision to issue the exclusion to the appellant before the court decided the appeal.
- (a) must be made within 28 days after the appellant receives the notice under section 138K (6) ; and
- (b) may be made even if the appellant applied for an internal review of the decision to issue the exclusion to the appellant before the court decided the appeal.