sec.369Existing positive notice and positive notice card

sec.369 Existing positive notice and positive notice card

This section applies if, immediately before the commencement, a person holds a current positive notice or current positive exemption notice. The positive notice or positive exemption notice is taken to be a clearance (a transitioned clearance ), that is both an NDIS clearance and a State clearance, issued to the person under new part 5, division 4. However, for the purposes of a corresponding law, the positive notice or positive exemption notice is taken to be a State clearance issued to the person under new part 5, division 4. The term of the transitioned clearance ends, unless it is cancelled earlier— if the person holds a positive notice—when the positive notice would have ended under the unamended Act; or if the person holds a positive exemption notice because, on the commencement, the person also holds a working with children authority—on the day the term of the person’s working with children authority is due to end under the Working with Children Act , regardless of whether the authority is cancelled earlier under that Act. A positive notice card for the person’s positive notice, or an exemption card for the person’s positive exemption notice, is taken to be a clearance card issued to the person under new section 98 for the person’s clearance under subsection (2). To remove any doubt, it is declared that subsection (2) applies even if the person is a disqualified person on the commencement. See, however, new section 119 which requires the chief executive to cancel a person’s clearance if the person becomes a disqualified person. s 369 ins 2020 No. 39 s 24 (sec.369-ssec.1) This section applies if, immediately before the commencement, a person holds a current positive notice or current positive exemption notice. (sec.369-ssec.2) The positive notice or positive exemption notice is taken to be a clearance (a transitioned clearance ), that is both an NDIS clearance and a State clearance, issued to the person under new part 5, division 4. (sec.369-ssec.3) However, for the purposes of a corresponding law, the positive notice or positive exemption notice is taken to be a State clearance issued to the person under new part 5, division 4. (sec.369-ssec.4) The term of the transitioned clearance ends, unless it is cancelled earlier— if the person holds a positive notice—when the positive notice would have ended under the unamended Act; or if the person holds a positive exemption notice because, on the commencement, the person also holds a working with children authority—on the day the term of the person’s working with children authority is due to end under the Working with Children Act , regardless of whether the authority is cancelled earlier under that Act. (sec.369-ssec.5) A positive notice card for the person’s positive notice, or an exemption card for the person’s positive exemption notice, is taken to be a clearance card issued to the person under new section 98 for the person’s clearance under subsection (2). (sec.369-ssec.6) To remove any doubt, it is declared that subsection (2) applies even if the person is a disqualified person on the commencement. See, however, new section 119 which requires the chief executive to cancel a person’s clearance if the person becomes a disqualified person.