sec.81Application of subdivision

sec.81 Application of subdivision

This subdivision applies if any of the following happens in relation to an applicant— the applicant— is charged with a disqualifying offence that has not been dealt with; and was an adult when the offence is alleged to have been committed; the applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability; the chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability. However, this subdivision does not apply in relation to an applicant who holds a clearance that is suspended under division 6 . See sections 56 , 60 and 113 in relation to the effect of the suspension of a person’s clearance. s 81 ins 2010 No. 5 s 117 sub 2020 No. 39 s 11 (sec.81-ssec.1) This subdivision applies if any of the following happens in relation to an applicant— the applicant— is charged with a disqualifying offence that has not been dealt with; and was an adult when the offence is alleged to have been committed; the applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability; the chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability. (sec.81-ssec.2) However, this subdivision does not apply in relation to an applicant who holds a clearance that is suspended under division 6 . See sections 56 , 60 and 113 in relation to the effect of the suspension of a person’s clearance.

• (a) the applicant— (i) is charged with a disqualifying offence that has not been dealt with; and (ii) was an adult when the offence is alleged to have been committed;
• (i) is charged with a disqualifying offence that has not been dealt with; and
• (ii) was an adult when the offence is alleged to have been committed;
• (b) the applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability;
• (c) the chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.
• (i) is charged with a disqualifying offence that has not been dealt with; and
• (ii) was an adult when the offence is alleged to have been committed;