sec.85When interim bar ends

sec.85 When interim bar ends

An interim bar imposed on an applicant ends if— the applicant’s disability worker screening application is— decided under division 4 ; or withdrawn under subdivision 3 ; or the chief executive decides to end the interim bar under subsection (2) . The chief executive may decide to end an interim bar if the chief executive reasonably suspects that a risk assessment of the applicant will demonstrate that the applicant does not pose an unacceptable risk of harm to people with disability. If an interim bar has been imposed on the applicant for at least 6 months, the applicant may apply to the chief executive to end the interim bar. The application must be made in the approved form and in an approved way. The chief executive is not required to decide the applicant’s application to end the interim bar if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended. The chief executive may decide the applicant’s application to end the interim bar— by deciding to end the interim bar under subsection (2) ; or if the applicant has asked the chief executive to withdraw the applicant’s disability worker screening application under section 75 —by withdrawing the application; or by refusing to end the interim bar. If the chief executive decides to refuse to end the interim bar, the chief executive must give the applicant a notice that states— the decision and the reasons for the decision; and the relevant review and appeal information. s 85 amd 2009 No. 24 s 52 ; s 122 ; 2016 No. 9 s 32 ; 2018 No. 19 s 20 sub 2020 No. 39 s 11 (sec.85-ssec.1) An interim bar imposed on an applicant ends if— the applicant’s disability worker screening application is— decided under division 4 ; or withdrawn under subdivision 3 ; or the chief executive decides to end the interim bar under subsection (2) . (sec.85-ssec.2) The chief executive may decide to end an interim bar if the chief executive reasonably suspects that a risk assessment of the applicant will demonstrate that the applicant does not pose an unacceptable risk of harm to people with disability. (sec.85-ssec.3) If an interim bar has been imposed on the applicant for at least 6 months, the applicant may apply to the chief executive to end the interim bar. (sec.85-ssec.4) The application must be made in the approved form and in an approved way. (sec.85-ssec.5) The chief executive is not required to decide the applicant’s application to end the interim bar if— a charge for an offence against the person has not been dealt with; or the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended. (sec.85-ssec.6) The chief executive may decide the applicant’s application to end the interim bar— by deciding to end the interim bar under subsection (2) ; or if the applicant has asked the chief executive to withdraw the applicant’s disability worker screening application under section 75 —by withdrawing the application; or by refusing to end the interim bar. (sec.85-ssec.7) If the chief executive decides to refuse to end the interim bar, the chief executive must give the applicant a notice that states— the decision and the reasons for the decision; and the relevant review and appeal information.