Disability Services Act 2006
sec.87Dealing with application
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sec.87 Dealing with application
The chief executive must— consider the person’s application and the information available to the chief executive about the person; and if section 89 or 90 apply to the person—decide the application under that section; and if section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section. However, the chief executive is not required to decide the person’s application 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. s 87 amd 2010 No. 5 s 125 ; 2019 No. 19 s 17G sub 2020 No. 39 s 11 (sec.87-ssec.1) The chief executive must— consider the person’s application and the information available to the chief executive about the person; and if section 89 or 90 apply to the person—decide the application under that section; and if section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section. (sec.87-ssec.2) However, the chief executive is not required to decide the person’s application 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.
- (a) consider the person’s application and the information available to the chief executive about the person; and
- (b) if section 89 or 90 apply to the person—decide the application under that section; and
- (c) if section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section.
- (a) a charge for an offence against the person has not been dealt with; or
- (b) 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.