sec.28BDriver authorisation—category B driver disqualifying offences

### sec.28B Driver authorisation—category B driver disqualifying offences This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category B driver disqualifying offence. The chief executive must give the person written notice of the chief executive’s intention to refuse to grant or renew, or to cancel, the driver authorisation (the exclusion action ) unless the person demonstrates to the chief executive’s satisfaction that an exceptional case exists. A person with no other criminal history was convicted of unlawful penile intercourse 30 years ago and placed on a good behaviour bond after being involved in a consensual sexual relationship with a 15 year old when the person was 17. The chief executive must give the person a written notice about the exclusion action— identifying the category B driver disqualifying offence of which the person has been convicted; and stating the requirements of subsection (7) ; and giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days. Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the Working with Children Check Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence. The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists. For subsection (4) , the chief executive may give to the chief executive (employment screening) the information, including any written representations mentioned under subsection (3) (c) , the chief executive reasonably considers necessary for the chief executive (employment screening) to consider whether an exceptional case exists. Also for subsection (4) , the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation from the chief executive (employment screening) that a person is the holder of a working with children clearance under the Working with Children Check Act 2000 that is not suspended under that Act. The chief executive (employment screening) may give the chief executive the advice requested under subsection (4) . However, if subsection (4B) applies, the chief executive (employment screening) is taken to have advised the chief executive that the chief executive (employment screening) considers that an exceptional case exists. Without limiting the chief executive’s power to take the exclusion action if the advice of the chief executive (employment screening) was requested under subsection (4) , the chief executive— must take the advice of the chief executive (employment screening) into account; and can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist. The chief executive must consider any written representations made by the person and must take the exclusion action unless the chief executive, subject to subsection (6) and the paramount principle mentioned in section 33A , is satisfied that an exceptional case exists. Nothing in this section limits action the chief executive may take under any other provision of this Act. s 28B ins 2004 No. 9 s 13B amd 2005 No. 49 s 51 ; 2009 No. 47 s 21A ; 2011 No. 12 s 77 ; 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2023 No. 1 s 97 s ch 1 pt 2 ; 2024 No. 49 s 130 sch 4 pt 1 (sec.28B-ssec.1) This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category B driver disqualifying offence. (sec.28B-ssec.2) The chief executive must give the person written notice of the chief executive’s intention to refuse to grant or renew, or to cancel, the driver authorisation (the exclusion action ) unless the person demonstrates to the chief executive’s satisfaction that an exceptional case exists. A person with no other criminal history was convicted of unlawful penile intercourse 30 years ago and placed on a good behaviour bond after being involved in a consensual sexual relationship with a 15 year old when the person was 17. (sec.28B-ssec.3) The chief executive must give the person a written notice about the exclusion action— identifying the category B driver disqualifying offence of which the person has been convicted; and stating the requirements of subsection (7) ; and giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days. (sec.28B-ssec.3A) Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the Working with Children Check Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence. (sec.28B-ssec.4) The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists. (sec.28B-ssec.4A) For subsection (4) , the chief executive may give to the chief executive (employment screening) the information, including any written representations mentioned under subsection (3) (c) , the chief executive reasonably considers necessary for the chief executive (employment screening) to consider whether an exceptional case exists. (sec.28B-ssec.4B) Also for subsection (4) , the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation from the chief executive (employment screening) that a person is the holder of a working with children clearance under the Working with Children Check Act 2000 that is not suspended under that Act. (sec.28B-ssec.5) The chief executive (employment screening) may give the chief executive the advice requested under subsection (4) . (sec.28B-ssec.5A) However, if subsection (4B) applies, the chief executive (employment screening) is taken to have advised the chief executive that the chief executive (employment screening) considers that an exceptional case exists. (sec.28B-ssec.6) Without limiting the chief executive’s power to take the exclusion action if the advice of the chief executive (employment screening) was requested under subsection (4) , the chief executive— must take the advice of the chief executive (employment screening) into account; and can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist. (sec.28B-ssec.7) The chief executive must consider any written representations made by the person and must take the exclusion action unless the chief executive, subject to subsection (6) and the paramount principle mentioned in section 33A , is satisfied that an exceptional case exists. (sec.28B-ssec.8) Nothing in this section limits action the chief executive may take under any other provision of this Act. - (a) identifying the category B driver disqualifying offence of which the person has been convicted; and - (b) stating the requirements of subsection (7) ; and - (c) giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days. - (a) must take the advice of the chief executive (employment screening) into account; and - (b) can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist.