Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person
517 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person
This section applies if—
before the commencement a prescribed notice application had been made about a person; and
immediately before the commencement the application had not been decided or withdrawn; and
at the commencement the person—
is charged with a new disqualifying offence; or
is a new disqualified person but not a new relevant disqualified person.
Note—If a person holds a positive notice, see also sections 520 and 521.
Subsection (3) applies if—
at the commencement the person is charged with a new disqualifying offence; or
at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application—
was not issued, or not taken to have been issued, an eligibility declaration; and
did not hold a positive notice.
At the commencement—
the application is taken to be withdrawn; and
the commissioner must give written notice about the withdrawal of the application to—
the person; and
each notifiable person for the person; and
if the person is the director of a school’s governing board—the accreditation board.
Note—If a person charged with a new disqualifying offence also holds a positive notice, see also sections 521 and 240.
Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person—
was not issued, or not taken to have been issued, an eligibility declaration; and
held a positive notice that was not suspended.
At the commencement—
the person is taken to have been issued an eligibility declaration other than for section 223(1)(b); and
the commissioner must decide the application under the amended Act.
If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the commissioner must decide the application under the amended Act but section 223(1)(b) does not apply to the commissioner making the decision.
For subsections (3) and (6), if before the commencement the commissioner had under section 236 cancelled a negative notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.