Disability Services Act 2006
sec.380Reassessment of holder of transitioned clearance
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sec.380 Reassessment of holder of transitioned clearance
This section applies if, under new section 108, the chief executive conducts a risk assessment of a person who holds a transitioned clearance. The chief executive may give the person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability. A request under subsection (2) must state that, if the person does not comply with the request within the reasonable time stated in the request, the chief executive may decide whether the person poses an unacceptable risk of harm to people with disability without the stated information. If, after conducting the risk assessment of the person, the chief executive is required, or decides, to cancel the person’s transitioned clearance under new part 5, division 6, subdivision 3, the chief executive must issue a State exclusion to the person. Subsection (4) applies despite new section 122. s 380 ins 2020 No. 39 s 24 (sec.380-ssec.1) This section applies if, under new section 108, the chief executive conducts a risk assessment of a person who holds a transitioned clearance. (sec.380-ssec.2) The chief executive may give the person a notice asking the person to give the chief executive stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability. (sec.380-ssec.3) A request under subsection (2) must state that, if the person does not comply with the request within the reasonable time stated in the request, the chief executive may decide whether the person poses an unacceptable risk of harm to people with disability without the stated information. (sec.380-ssec.4) If, after conducting the risk assessment of the person, the chief executive is required, or decides, to cancel the person’s transitioned clearance under new part 5, division 6, subdivision 3, the chief executive must issue a State exclusion to the person. (sec.380-ssec.5) Subsection (4) applies despite new section 122.