Disability Services Act 2006
sec.96Requirements for show cause notice
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sec.96 Requirements for show cause notice
A show cause notice given to a person under section 95 must— state the following information about the person of which the chief executive is aware— police information; domestic violence information; disciplinary information; NDIS disciplinary or misconduct information; other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and state that, because of the circumstances mentioned in section 95 (1) , the chief executive proposes to issue the person an exclusion unless the chief executive is satisfied that— if section 91 applies to the person—there are exceptional circumstances; and the person does not pose an unacceptable risk of harm to people with disability; and invite the person to make submissions to the chief executive about— if section 91 applies to the person—whether there are exceptional circumstances; and why the chief executive should not issue an exclusion to the person; and state the period in which the person may make the submissions, which must be at least 7 days after the chief executive gives the notice to the person. s 96 ins 2010 No. 5 s 130 amd 2014 No. 28 s 105 sch 1; 2018 No. 19 s 26 ; 2019 No. 18 s 86 (2) sch 2 sub 2020 No. 39 s 11
- (a) state the following information about the person of which the chief executive is aware— (i) police information; (ii) domestic violence information; (iii) disciplinary information; (iv) NDIS disciplinary or misconduct information; (v) other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and
- (i) police information;
- (ii) domestic violence information;
- (iii) disciplinary information;
- (iv) NDIS disciplinary or misconduct information;
- (v) other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and
- (b) state that, because of the circumstances mentioned in section 95 (1) , the chief executive proposes to issue the person an exclusion unless the chief executive is satisfied that— (i) if section 91 applies to the person—there are exceptional circumstances; and (ii) the person does not pose an unacceptable risk of harm to people with disability; and
- (i) if section 91 applies to the person—there are exceptional circumstances; and
- (ii) the person does not pose an unacceptable risk of harm to people with disability; and
- (c) invite the person to make submissions to the chief executive about— (i) if section 91 applies to the person—whether there are exceptional circumstances; and (ii) why the chief executive should not issue an exclusion to the person; and