sec.61Carrying out State disability work without clearance prohibited

sec.61 Carrying out State disability work without clearance prohibited

A person must not start, or continue, an engagement to carry out State disability work for the disability services department or a funded service provider unless the person holds a clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. A person must not carry out State disability work as a State sole trader unless the person holds a clearance. Maximum penalty—500 penalty units or 5 years imprisonment. It is an aggravating circumstance for an offence against subsection (1) if the person— holds an exclusion; or held a clearance that was cancelled on the person’s request under division 6 ; or is a disqualified person; or holds a negative notice under the Working with Children Check Act 2000 ; or is subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order. s 61 prev s 61 om 2010 No. 5 s 83 pres s 61 ins 2010 No. 5 s 101 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 sub 2020 No. 39 s 11 amd 2024 No. 50 s 17 ; 2024 No. 49 s 130 s ch 4 pt 2 (sec.61-ssec.1) A person must not start, or continue, an engagement to carry out State disability work for the disability services department or a funded service provider unless the person holds a clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. (sec.61-ssec.2) A person must not carry out State disability work as a State sole trader unless the person holds a clearance. Maximum penalty—500 penalty units or 5 years imprisonment. (sec.61-ssec.3) It is an aggravating circumstance for an offence against subsection (1) if the person— holds an exclusion; or held a clearance that was cancelled on the person’s request under division 6 ; or is a disqualified person; or holds a negative notice under the Working with Children Check Act 2000 ; or is subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order.

• (a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or
• (b) otherwise—100 penalty units.
• (a) holds an exclusion; or
• (b) held a clearance that was cancelled on the person’s request under division 6 ; or
• (c) is a disqualified person; or
• (d) holds a negative notice under the Working with Children Check Act 2000 ; or
• (e) is subject to— (i) offender reporting obligations; or (ii) an offender prohibition order; or (iii) an offender prohibition disqualification order; or (iv) a sexual offender order; or