sec.385Chief executive must make new decision about affected person

sec.385 Chief executive must make new decision about affected person

This section applies in relation to the chief executive making a new decision about an affected person for a part 5 reviewable decision— under section 382(4) or 384(3)(b); or on application by the affected person under section 383(2), 384(3)(a), 386(5) or 387(5). The chief executive must, within the prescribed period— conduct a risk assessment of the affected person; and decide— if the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or if the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and give the person a QCAT information notice for the chief executive’s decision. The chief executive may give the affected person a notice extending, for a further 28 days, the period for the chief executive to comply with subsection (2). For conducting the risk assessment under subsection (2)(a)— new part 5, division 4, subdivision 3 applies with necessary changes; and the chief executive may give the affected 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 (4)(b) must state that, if the affected 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. The chief executive must decide the matter under subsection (2)(b) afresh, disregarding the part 5 reviewable decision and the reasons for that decision. The risk assessment under subsection (2)(a), and the decision under subsection (2)(b), may be conducted and made only by a person who— did not make the part 5 reviewable decision; and holds a more senior office than the person who made the part 5 reviewable decision. Subsection (7) does not apply to a part 5 reviewable decision made by the chief executive personally. If the chief executive does not give the affected person a QCAT information notice within the prescribed period or a longer period notified under subsection (3), the chief executive is taken to have decided— if the person holds a transitioned exclusion—not to cancel the exclusion; or if the person holds a transitioned clearance that is suspended—not to cancel the suspension. New sections 138ZW, 138ZX and 138ZY apply in relation to the chief executive’s decision under this section as if it were an internal review decision. In this section— prescribed period means 28 days after— for making a new decision under section 382(4)—the commencement; or for making a new decision under section 384(3)(b)—the period mentioned in section 384(1)(b) ends; or for making a new decision on application by an affected person under section 383(2), 384(3)(a), 386(5) or 387(5)—the application is made. s 385 ins 2020 No. 39 s 24 (sec.385-ssec.1) This section applies in relation to the chief executive making a new decision about an affected person for a part 5 reviewable decision— under section 382(4) or 384(3)(b); or on application by the affected person under section 383(2), 384(3)(a), 386(5) or 387(5). (sec.385-ssec.2) The chief executive must, within the prescribed period— conduct a risk assessment of the affected person; and decide— if the person holds a transitioned exclusion—to cancel or not to cancel the exclusion; or if the person holds a transitioned clearance that is suspended—to cancel or not to cancel the suspension; and give the person a QCAT information notice for the chief executive’s decision. (sec.385-ssec.3) The chief executive may give the affected person a notice extending, for a further 28 days, the period for the chief executive to comply with subsection (2). (sec.385-ssec.4) For conducting the risk assessment under subsection (2)(a)— new part 5, division 4, subdivision 3 applies with necessary changes; and the chief executive may give the affected 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.385-ssec.5) A request under subsection (4)(b) must state that, if the affected 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.385-ssec.6) The chief executive must decide the matter under subsection (2)(b) afresh, disregarding the part 5 reviewable decision and the reasons for that decision. (sec.385-ssec.7) The risk assessment under subsection (2)(a), and the decision under subsection (2)(b), may be conducted and made only by a person who— did not make the part 5 reviewable decision; and holds a more senior office than the person who made the part 5 reviewable decision. (sec.385-ssec.8) Subsection (7) does not apply to a part 5 reviewable decision made by the chief executive personally. (sec.385-ssec.9) If the chief executive does not give the affected person a QCAT information notice within the prescribed period or a longer period notified under subsection (3), the chief executive is taken to have decided— if the person holds a transitioned exclusion—not to cancel the exclusion; or if the person holds a transitioned clearance that is suspended—not to cancel the suspension. (sec.385-ssec.10) New sections 138ZW, 138ZX and 138ZY apply in relation to the chief executive’s decision under this section as if it were an internal review decision. (sec.385-ssec.11) In this section— prescribed period means 28 days after— for making a new decision under section 382(4)—the commencement; or for making a new decision under section 384(3)(b)—the period mentioned in section 384(1)(b) ends; or for making a new decision on application by an affected person under section 383(2), 384(3)(a), 386(5) or 387(5)—the application is made.