sec.607Existing eligibility declaration

sec.607 Existing eligibility declaration

This section applies to a person— issued an eligibility declaration that is in effect immediately before the commencement; or taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement. The eligibility declaration ends on the commencement. The disqualifying offence the person was convicted of, that was considered by the chief executive as part of the application for an eligibility declaration (the applicable disqualifying offence ), is taken to be a serious offence for— a working with children check application made after the commencement; or a decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority. Despite subsection (3), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. The person is taken to no longer be a disqualified person in relation to the applicable disqualifying offence. s 607 ins 2024 No. 50 s 120 (sec.607-ssec.1) This section applies to a person— issued an eligibility declaration that is in effect immediately before the commencement; or taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement. (sec.607-ssec.2) The eligibility declaration ends on the commencement. (sec.607-ssec.3) The disqualifying offence the person was convicted of, that was considered by the chief executive as part of the application for an eligibility declaration (the applicable disqualifying offence ), is taken to be a serious offence for— a working with children check application made after the commencement; or a decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority. (sec.607-ssec.4) Despite subsection (3), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (sec.607-ssec.5) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (sec.607-ssec.6) The person is taken to no longer be a disqualified person in relation to the applicable disqualifying offence.

• (a) issued an eligibility declaration that is in effect immediately before the commencement; or
• (b) taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement.