sec.59Funded service provider engaging person to carry out State disability work

sec.59 Funded service provider engaging person to carry out State disability work

A funded service provider must not engage, or continue to engage, a person to carry out State disability work unless— the person holds a clearance; and the service provider has given the chief executive a notice, under subsections (3) and (4) , about engaging the person to carry out State disability work. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if— the person holds an exclusion and the funded service provider knows, or ought reasonably to know, the person holds the exclusion; or the funded service provider is given notice that the person’s clearance was cancelled on the person’s request under division 6 . Before giving a notice mentioned in subsection (1) (b) , the funded service provider must take reasonable steps to verify the person’s identity. viewing the person’s clearance or driver licence that includes the person’s photograph A notice mentioned in subsection (1) (b) must be given in the approved form and in an approved way. s 59 prev s 59 amd 2010 No. 5 s 82 om 2014 No. 12 s 56 pres s 59 ins 2010 No. 5 s 101 amd 2014 No. 28 s 105 sch 1 ; 2016 No. 9 s 18 ; 2018 No. 19 s 8 ; 2019 No. 19 s 81 sch 1 ; 2019 No. 18 s 86 (2) sch 2 sub 2020 No. 39 s 11 (sec.59-ssec.1) A funded service provider must not engage, or continue to engage, a person to carry out State disability work unless— the person holds a clearance; and the service provider has given the chief executive a notice, under subsections (3) and (4) , about engaging the person to carry out State disability work. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. (sec.59-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the person holds an exclusion and the funded service provider knows, or ought reasonably to know, the person holds the exclusion; or the funded service provider is given notice that the person’s clearance was cancelled on the person’s request under division 6 . (sec.59-ssec.3) Before giving a notice mentioned in subsection (1) (b) , the funded service provider must take reasonable steps to verify the person’s identity. viewing the person’s clearance or driver licence that includes the person’s photograph (sec.59-ssec.4) A notice mentioned in subsection (1) (b) must be given in the approved form and in an approved way.

• (a) the person holds a clearance; and
• (b) the service provider has given the chief executive a notice, under subsections (3) and (4) , about engaging the person to carry out State disability work.
• (a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or