sec.348Existing positive notice held by person convicted of new serious offence or new disqualifying offence

sec.348 Existing positive notice held by person convicted of new serious offence or new disqualifying offence

This section applies if— immediately before the commencement, a person held a current positive notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 346A(2). Section 74 does not apply to the person in relation to the person’s conviction for the offence. The chief executive must— consider whether it is appropriate to cancel the person’s positive notice under this section because of the person’s conviction for the offence; and give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice. If the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b). The chief executive may cancel the positive notice and substitute a negative notice if satisfied that, if the chief executive were to decide a prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person. See also section 85 for when the chief executive must cancel a positive notice held by a person who becomes a relevant disqualified person. Section 83(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 83 to making a decision, or proposing to substitute a negative notice, were a reference to making a decision, or proposing to substitute a negative notice, under subsection (2). If the chief executive decides not to cancel the person’s positive notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice. For subsection (4), the persons to whom the notice must be given are— the person; and each service provider given a notice under subsection (1B). s 348 ins 2019 No. 19 s 46 (sec.348-ssec.1) This section applies if— immediately before the commencement, a person held a current positive notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 346A(2). (sec.348-ssec.1A) Section 74 does not apply to the person in relation to the person’s conviction for the offence. (sec.348-ssec.1B) The chief executive must— consider whether it is appropriate to cancel the person’s positive notice under this section because of the person’s conviction for the offence; and give the person a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice. (sec.348-ssec.1C) If the person is engaged by a funded non-government service provider or an NDIS non-government service provider and is not a sole trader, the chief executive must give the service provider a notice mentioned in subsection (1B)(b). (sec.348-ssec.2) The chief executive may cancel the positive notice and substitute a negative notice if satisfied that, if the chief executive were to decide a prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person. See also section 85 for when the chief executive must cancel a positive notice held by a person who becomes a relevant disqualified person. (sec.348-ssec.3) Section 83(2), (3), (5) and (6) apply to the decision under subsection (2) as if a reference in section 83 to making a decision, or proposing to substitute a negative notice, were a reference to making a decision, or proposing to substitute a negative notice, under subsection (2). (sec.348-ssec.4) If the chief executive decides not to cancel the person’s positive notice under this section, the chief executive must give the persons mentioned in subsection (5) a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice. (sec.348-ssec.5) For subsection (4), the persons to whom the notice must be given are— the person; and each service provider given a notice under subsection (1B).