Working with Children Check Act 2000
sec.354Person may apply for review of chapter 8 reviewable decision
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sec.354 Person may apply for review of chapter 8 reviewable decision
A person who is not a disqualified person may apply, within the prescribed period and as otherwise provided under the QCAT Act , to QCAT for a review of a chapter 8 reviewable decision. Despite subsection (1) , a person who is a disqualified person may apply for a review of a chapter 8 reviewable decision of the chief executive to issue a negative notice if the person claims not to be the person the subject of the offence, action or other information that made the person a disqualified person. If a person applies under subsection (1) to have a chapter 8 reviewable decision reviewed, QCAT may not— stay the operation of the decision; or grant an injunction in the proceeding for the review. To remove any doubt, it is declared that there is no review or appeal under this Act in relation to a decision of the chief executive to issue a negative notice to a person, or refuse to cancel a person’s negative notice, other than because of a chapter 8 reviewable decision. This section does not limit section 307 . s 354 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 107 (sec.354-ssec.1) A person who is not a disqualified person may apply, within the prescribed period and as otherwise provided under the QCAT Act , to QCAT for a review of a chapter 8 reviewable decision. (sec.354-ssec.2) Despite subsection (1) , a person who is a disqualified person may apply for a review of a chapter 8 reviewable decision of the chief executive to issue a negative notice if the person claims not to be the person the subject of the offence, action or other information that made the person a disqualified person. (sec.354-ssec.3) If a person applies under subsection (1) to have a chapter 8 reviewable decision reviewed, QCAT may not— stay the operation of the decision; or grant an injunction in the proceeding for the review. (sec.354-ssec.4) To remove any doubt, it is declared that there is no review or appeal under this Act in relation to a decision of the chief executive to issue a negative notice to a person, or refuse to cancel a person’s negative notice, other than because of a chapter 8 reviewable decision. (sec.354-ssec.5) This section does not limit section 307 .
- (a) stay the operation of the decision; or
- (b) grant an injunction in the proceeding for the review.