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Disability Services Act 2006
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This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person— is charged with a new disqualifying offence; or is a new disqualified person but not a new relevant disqualified person. If a person holds a positive notice, see also sections 306 and 307. Subsection (3) applies if— at the commencement the person is charged with a new disqualifying offence; or at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— was not issued, or not taken to have been issued, an eligibility declaration; and did not hold a positive notice. At the commencement— the application is taken to be withdrawn; and the chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application. If a person charged with a new disqualifying offence also holds a positive notice, see also sections 307 and 86. Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person— was not issued, or not taken to have been issued, an eligibility declaration; and held a positive notice that was not suspended. At the commencement— the person is taken to have been issued an eligibility declaration other than for section 54(6)(b); and the chief executive must decide the application under the amended Act. If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the chief executive must decide the application under the amended Act but section 54(6)(b) does not apply to the chief executive making the decision. For subsections (3) and (6), if before the commencement the chief executive had, under section 82, cancelled a negative notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision. s 303 ins 2013 No. 14 s 31 (sec.303-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person— is charged with a new disqualifying offence; or is a new disqualified person but not a new relevant disqualified person. If a person holds a positive notice, see also sections 306 and 307. (sec.303-ssec.2) Subsection (3) applies if— at the commencement the person is charged with a new disqualifying offence; or at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— was not issued, or not taken to have been issued, an eligibility declaration; and did not hold a positive notice. (sec.303-ssec.3) At the commencement— the application is taken to be withdrawn; and the chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application. If a person charged with a new disqualifying offence also holds a positive notice, see also sections 307 and 86. (sec.303-ssec.4) Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person— was not issued, or not taken to have been issued, an eligibility declaration; and held a positive notice that was not suspended. (sec.303-ssec.5) At the commencement— the person is taken to have been issued an eligibility declaration other than for section 54(6)(b); and the chief executive must decide the application under the amended Act. (sec.303-ssec.6) If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the chief executive must decide the application under the amended Act but section 54(6)(b) does not apply to the chief executive making the decision. (sec.303-ssec.7) For subsections (3) and (6), if before the commencement the chief executive had, under section 82, cancelled a negative notice issued to the person, on the commencement section 54(6)(a) does not apply to the chief executive making the decision.