sec.552BApplicant in paid employment convicted of serious offence

sec.552B Applicant in paid employment convicted of serious offence

This section applies if— before the commencement of the amendment Act, section 28, a prescribed notice application was made about a person under section 199; and the application relates to the person’s employment, or proposed employment, in regulated employment other than as a volunteer; and the application has not been decided or withdrawn; and the chief executive becomes aware that the person was convicted of a serious offence— if the person held a positive notice when the application was made—after the application was made; or if the person held a positive notice that expired before the application was made—after the person’s notice expired; or otherwise—before or after the application was made. The chief executive must give the person a written notice that states— the person is not allowed to perform work that is regulated employment before the person’s application is decided; and it is an offence for the person to perform work that is regulated employment, or to start in regulated employment, unless the person is issued a positive notice. If the chief executive gives the person a notice under subsection (2), the person must not, unless the person is issued a positive notice— if the employee is employed in regulated employment when given the notice under subsection (2)—perform work that is regulated employment; or otherwise—start in regulated employment. Maximum penalty—500 penalty units or 5 years imprisonment. If the chief executive gives the person a notice under subsection (2), the chief executive must also give each notifiable person for the person a written notice that states— the person is not allowed to perform work that is regulated employment before the person’s application is decided; and it is an offence for an employer to allow the person to start or continue to perform work that is regulated employment unless the person is issued a positive notice. If the chief executive gives a person (an employer ) a notice about another person (the employee ) under subsection (4), the employer must not allow the employee to start or continue to perform work that is regulated employment unless the employee is issued a positive notice. Maximum penalty—200 penalty units or 2 years imprisonment. An employer may not dismiss the employee solely or mainly because the employer is given a notice under subsection (4). Section 356 applies in relation to the employer as if a reference in that section to this chapter includes a reference to this section. This section applies despite chapter 8, part 4, division 4. s 552B ins 2019 No. 18 s 66 (sec.552B-ssec.1) This section applies if— before the commencement of the amendment Act, section 28, a prescribed notice application was made about a person under section 199; and the application relates to the person’s employment, or proposed employment, in regulated employment other than as a volunteer; and the application has not been decided or withdrawn; and the chief executive becomes aware that the person was convicted of a serious offence— if the person held a positive notice when the application was made—after the application was made; or if the person held a positive notice that expired before the application was made—after the person’s notice expired; or otherwise—before or after the application was made. (sec.552B-ssec.2) The chief executive must give the person a written notice that states— the person is not allowed to perform work that is regulated employment before the person’s application is decided; and it is an offence for the person to perform work that is regulated employment, or to start in regulated employment, unless the person is issued a positive notice. (sec.552B-ssec.3) If the chief executive gives the person a notice under subsection (2), the person must not, unless the person is issued a positive notice— if the employee is employed in regulated employment when given the notice under subsection (2)—perform work that is regulated employment; or otherwise—start in regulated employment. Maximum penalty—500 penalty units or 5 years imprisonment. (sec.552B-ssec.4) If the chief executive gives the person a notice under subsection (2), the chief executive must also give each notifiable person for the person a written notice that states— the person is not allowed to perform work that is regulated employment before the person’s application is decided; and it is an offence for an employer to allow the person to start or continue to perform work that is regulated employment unless the person is issued a positive notice. (sec.552B-ssec.5) If the chief executive gives a person (an employer ) a notice about another person (the employee ) under subsection (4), the employer must not allow the employee to start or continue to perform work that is regulated employment unless the employee is issued a positive notice. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.552B-ssec.6) An employer may not dismiss the employee solely or mainly because the employer is given a notice under subsection (4). (sec.552B-ssec.7) Section 356 applies in relation to the employer as if a reference in that section to this chapter includes a reference to this section. (sec.552B-ssec.8) This section applies despite chapter 8, part 4, division 4.