Disability Services Act 2006
sec.378Effect of conviction or charge for new disqualifying offence or new serious offence
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sec.378 Effect of conviction or charge for new disqualifying offence or new serious offence
For applying this Act in relation to a person convicted of a new disqualifying offence or new serious offence, it does not matter when the offence was committed or when the person was convicted of the offence. This Act applies in relation to a person who is charged with a new disqualifying offence or new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. For applying this Act to a transitioned clearance— a person convicted of a new disqualifying offence or new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and a person the subject of a charge for a new disqualifying offence or new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement; and the fact that the person has been charged with, or convicted of, a new disqualifying offence or new serious offence, is taken to be information not known to the chief executive before the commencement. In this section— new disqualifying offence means an offence that— is a disqualifying offence; but was not a disqualifying offence immediately before the commencement. new serious offence means an offence that— is a serious offence; but was not a serious offence immediately before the commencement. s 378 ins 2020 No. 39 s 24 (sec.378-ssec.1) For applying this Act in relation to a person convicted of a new disqualifying offence or new serious offence, it does not matter when the offence was committed or when the person was convicted of the offence. (sec.378-ssec.2) This Act applies in relation to a person who is charged with a new disqualifying offence or new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (sec.378-ssec.3) For applying this Act to a transitioned clearance— a person convicted of a new disqualifying offence or new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and a person the subject of a charge for a new disqualifying offence or new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement; and the fact that the person has been charged with, or convicted of, a new disqualifying offence or new serious offence, is taken to be information not known to the chief executive before the commencement. (sec.378-ssec.4) In this section— new disqualifying offence means an offence that— is a disqualifying offence; but was not a disqualifying offence immediately before the commencement. new serious offence means an offence that— is a serious offence; but was not a serious offence immediately before the commencement.