Queensland Consolidated Acts

DISABILITY SERVICES ACT 2006 - SECT 101

(1) The chief executive may cancel a positive notice (the cancelled notice) about a person and substitute a negative notice if the chief executive is satisfied that—

(a) the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue the negative notice; or

(b) it is appropriate to cancel the positive notice having regard to—

(i) information received under section 114, 114A, 114B or 115 about the person, other than information known to the chief executive at the time the cancelled notice was issued; or

(ii) a decision of a court made after the cancelled notice was issued, including the reasons for the decision, relating to an offence committed by the person.

(2) If the person is engaged by a funded non-government service provider at the time the negative notice is substituted, the chief executive must give notice of the substitution to the service provider.

(3) The chief executive may cancel a negative notice (the cancelled notice) about a person and, subject to subsection (6), substitute it with a positive notice if—

(a) the chief executive is satisfied that the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue a positive notice to the person; or

(b) the negative notice was issued because the person was a relevant disqualified person and the person is no longer a relevant disqualified person; or

(c) the chief executive is satisfied that it is appropriate to cancel the negative notice having regard to information not known to the chief executive at the time the negative notice was issued.

(4) In making a decision under subsection (1) or (3), the chief executive must make the decision as if it were a decision about an application for a prescribed notice and, for that purpose, sections 85, 86 and 87 apply to the decision under this section.

(5) If the chief executive proposes to substitute a negative notice as mentioned in subsection (1), the chief executive must first comply with section 88 as if—

(a) the reference in section 88(2) to deciding the application by issuing a negative notice were a reference to substituting a negative notice for a positive notice; and

(b) the reference in section 88(4) to deciding the application were a reference to substituting a negative notice for a positive notice.

(6) If, for subsection (3), the chief executive's decision under subsection (4) is that the person should be issued a positive notice, the chief executive may issue a positive notice to the person only if the chief executive is satisfied the person is proposing, if the positive notice is issued, to be engaged in regulated engagement.

(7) The chief executive may cancel a person's negative notice under subsection (3) even if—

(a) a positive notice is not issued to the person under subsection (6) until a later time; or

(b) a positive notice is never issued to the person under subsection (6).

(8) The chief executive may act under subsection (3) only on the chief executive's own initiative.

Note—

For the chief executive's power to cancel a negative notice on application by a person, see section 100.