sec.94Matters to consider

sec.94 Matters to consider

This section applies if the chief executive is aware of conduct of the person (the person’s offending conduct ) that— involved the commission of an offence; or was the subject of a complaint, allegation or investigation under a law; or is otherwise relevant to whether the person poses a risk of harm to people with disability. The chief executive must consider the following matters— the nature, gravity and circumstances of the person’s offending conduct; how the person’s offending conduct is relevant to disability work; how long ago the person’s offending conduct occurred; if the person’s offending conduct was committed against another person (the victim )— the victim’s vulnerability at the time of the conduct; and the person’s relationship to, or position of authority over, the victim at the time of the conduct; whether the person’s offending conduct indicates a pattern of concerning behaviour; the person’s conduct since the offending conduct; any other circumstances relevant to the person’s offending conduct. s 94 ins 2010 No. 5 s 129 amd 2010 No. 33 s 119 ; 2016 No. 9 s 38 sub 2020 No. 39 s 11 (sec.94-ssec.1) This section applies if the chief executive is aware of conduct of the person (the person’s offending conduct ) that— involved the commission of an offence; or was the subject of a complaint, allegation or investigation under a law; or is otherwise relevant to whether the person poses a risk of harm to people with disability. (sec.94-ssec.2) The chief executive must consider the following matters— the nature, gravity and circumstances of the person’s offending conduct; how the person’s offending conduct is relevant to disability work; how long ago the person’s offending conduct occurred; if the person’s offending conduct was committed against another person (the victim )— the victim’s vulnerability at the time of the conduct; and the person’s relationship to, or position of authority over, the victim at the time of the conduct; whether the person’s offending conduct indicates a pattern of concerning behaviour; the person’s conduct since the offending conduct; any other circumstances relevant to the person’s offending conduct.

• (a) involved the commission of an offence; or
• (b) was the subject of a complaint, allegation or investigation under a law; or
• (c) is otherwise relevant to whether the person poses a risk of harm to people with disability.
• (a) the nature, gravity and circumstances of the person’s offending conduct;
• (b) how the person’s offending conduct is relevant to disability work;
• (c) how long ago the person’s offending conduct occurred;
• (d) if the person’s offending conduct was committed against another person (the victim )— (i) the victim’s vulnerability at the time of the conduct; and (ii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;