Application of ch 8 to disability services regulated employment

In force

(1)

Chapter 8 does not apply to the employment of a person in disability services regulated employment until 3 months after the commencement (disability services commencement date).

(2)

Subsection (3) applies to a person who, at the disability services commencement date—

(a)

is employed in disability services regulated employment; and

(b)

does not have a current positive notice; and

(c)

either—

(i)

has a current positive notice under the Disability Services Act 2006 (DSA positive notice); or

(ii)

has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn (DSA application).

(3)

The relevant regulatory provisions do not apply in relation to the employment of the person until—

(a)

for a person who has a DSA positive notice—the earlier of the following—

(i)

the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006;

(ii)

12 months after the disability services commencement date; or

(b)

for a person who has a DSA application—

(i)

if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or

(ii)

if the person is issued with a negative notice under the Disability Services Act 2006—the day the negative notice is issued; or

(iii)

if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.

Note—See, however, sections 194 to 196 and 256 to 258.

(4)

Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date.

(5)

In this section—relevant regulatory provisions means—

(a)

for a person who is not a police officer or registered teacher and is employed in disability services regulated employment as a volunteer—section 188; or

(b)

for a person who is not a police officer or registered teacher and is employed in disability services regulated employment other than as a volunteer—sections 191 to 193; or

(c)

for a police officer or registered teacher—sections 251 and 253 to 255.

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476 Application of ch 8 to disability services regulated employment