sec.193Effect of application by negative notice holder

sec.193 Effect of application by negative notice holder

This section applies if the applicant holds a negative notice. The application has no effect. The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant— the application has no effect because the applicant holds a negative notice; the day the negative notice was issued. A notice given to the applicant under subsection (3) must also state the following matters— the applicant may apply to cancel a negative notice under section 304G if— the applicant is not a disqualified person; and the applicant is not the subject of an adverse interstate WWC decision that is in effect; and the application is made more than 3 years after the negative notice was issued; if either of the following applies, the applicant may apply under section 304G to cancel the negative notice— the decision to issue the notice was based on wrong or incomplete information; the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person. If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued. s 193 prev s 193 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 27 pres s 193 ins 2019 No. 18 s 28 amd 2024 No. 50 s 46 (sec.193-ssec.1) This section applies if the applicant holds a negative notice. (sec.193-ssec.2) The application has no effect. (sec.193-ssec.3) The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant— the application has no effect because the applicant holds a negative notice; the day the negative notice was issued. (sec.193-ssec.4) A notice given to the applicant under subsection (3) must also state the following matters— the applicant may apply to cancel a negative notice under section 304G if— the applicant is not a disqualified person; and the applicant is not the subject of an adverse interstate WWC decision that is in effect; and the application is made more than 3 years after the negative notice was issued; if either of the following applies, the applicant may apply under section 304G to cancel the negative notice— the decision to issue the notice was based on wrong or incomplete information; the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person. (sec.193-ssec.5) If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued.

• (a) the application has no effect because the applicant holds a negative notice;