Queensland Consolidated Acts

DISABILITY SERVICES ACT 2006 - SECT 108

In this subdivision—

issue—

(a) in relation to a negative notice—includes substitute a negative notice after cancelling a positive notice; and

(b) in relation to a negative exemption notice—includes substitute a negative exemption notice after cancelling a positive exemption notice.

part 10 reviewable decision, about a person, means—

(a) a decision of the chief executive as to whether or not there is an exceptional case for the person if, because of the decision, the chief executive—

(i) issued a negative notice or negative exemption notice to the person; or

(ii) refused to cancel a negative notice or negative exemption notice issued to the person; or

(b) a decision of the chief executive that the person has been charged with a disqualifying offence if—

(i) because of the decision, the positive notice held by the person was suspended under section 104; and

(ii) the person claims he or she has not been charged with the disqualifying offence; and

(iii) the person has applied for a cancellation of the suspension under section 105 and that application has been refused; or

(c) a decision of the chief executive that the person's CCYPCG positive notice has been suspended under the CCYPCG Act if—

(i) because of the decision, the positive exemption notice held by the person was suspended under section 105A; and

(ii) the person claims his or her CCYPCG positive notice has not been suspended under the CCYPCG Act; and

(iii) the person has applied for a cancellation of the suspension under section 105B and that application has been refused; or

(d) a relevant disqualified person decision if—

(i) because of the decision, the chief executive issued a negative notice or negative exemption notice to the person; and

(ii) the person claims he or she is not the person to whom the conviction, reporting obligations or order in relation to which the decision was made relates; and

(iii) the person has applied for a cancellation of the negative notice or negative exemption notice under section 100, and that application has been refused.

prescribed period, for a review of a part 10 reviewable decision about a person, means 28 days after the person is given notice of the following—

(a) for a part 10 decision mentioned in definition part 10 reviewable decision, paragraph (a)—the decision;

(b) for a part 10 decision mentioned in definition part 10 reviewable decision, paragraph (b)—the decision on the application under section 105 about the suspension;

(c) for a part 10 decision mentioned in definition part 10 reviewable decision, paragraph (c)—the decision on the application under section 105B about the suspension;

(d) for a part 10 decision mentioned in definition part 10 reviewable decision, paragraph (d)—the decision on the application under section 100 about the negative notice or negative exemption notice.

relevant disqualified person decision means—

(a) a decision of the chief executive that a person has been or is convicted of a disqualifying offence for which an imprisonment order was or is imposed;

(b) a decision of the chief executive that a person is subject to—

(i) offender reporting obligations; or

(ii) a final offender prohibition order; or

(iii) a disqualification order; or

(iv) a final sexual offender order.