Disability Services Act 2006
sec.91Deciding application—exceptional circumstances for adult offender
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sec.91 Deciding application—exceptional circumstances for adult offender
This section applies if the chief executive is aware— the person has a conviction for a serious offence and was an adult when the offence was committed; or the person— has been charged with a disqualifying offence or serious offence that has not been dealt with; and was an adult when the offence is alleged to have been committed. See section 95 for the requirement for the chief executive to give the person a show cause notice before deciding the person’s application if this section applies. The chief executive must issue the person an exclusion. However, the chief executive may issue the person a clearance if satisfied there are exceptional circumstances such that the person does not pose an unacceptable risk of harm to people with disability. s 91 ins 2010 No. 5 s 126 amd 2016 No. 9 s 37; 2018 No. 19 s 25 sub 2020 No. 39 s 11 (sec.91-ssec.1) This section applies if the chief executive is aware— the person has a conviction for a serious offence and was an adult when the offence was committed; or the person— has been charged with a disqualifying offence or serious offence that has not been dealt with; and was an adult when the offence is alleged to have been committed. See section 95 for the requirement for the chief executive to give the person a show cause notice before deciding the person’s application if this section applies. (sec.91-ssec.2) The chief executive must issue the person an exclusion. (sec.91-ssec.3) However, the chief executive may issue the person a clearance if satisfied there are exceptional circumstances such that the person does not pose an unacceptable risk of harm to people with disability.
- (a) the person has a conviction for a serious offence and was an adult when the offence was committed; or
- (b) the person— (i) has been charged with a disqualifying offence or serious offence that has not been dealt with; and (ii) was an adult when the offence is alleged to have been committed.
- (i) has been charged with a disqualifying offence or serious offence that has not been dealt with; and
- (ii) was an adult when the offence is alleged to have been committed.
- (i) has been charged with a disqualifying offence or serious offence that has not been dealt with; and
- (ii) was an adult when the offence is alleged to have been committed.