Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 17B

17B Exemptions for disqualifying convictions

(1) A person who is a justice of the peace or commissioner for declarations, or is applying under section 15A for appointment, may apply to the chief executive for an exemption in relation to a conviction mentioned in section 17A (1) .

(2) The application must be—

(a) in the approved form; and

(b) accompanied by the fee prescribed by regulation; and

(c) otherwise made in the way prescribed by regulation.

(3) The chief executive may grant the exemption if satisfied—

(a) it would be appropriate to grant the exemption, having regard to the matters mentioned in section 17 (1) (d) ; and

(b) because of special circumstances, it would be in the public interest to appoint the person as a justice of the peace or a commissioner for declarations or allow the person to continue to hold that office.

Example of special circumstances—

A particular community has needs that may not be sufficiently and appropriately served unless the person is appointed or continues in office.

(4) The chief executive may not grant the exemption if the conviction is for an offence against this Act.

(5) The chief executive may ask the person for further information the chief executive needs to decide the application.

(6) The application lapses if—

(a) the chief executive gives the applicant a notice—

(i) asking the applicant to do something to comply with this section; or

(ii) asking the applicant for further information under subsection (5) ; and

(b) the chief executive states a day (the
"due day" ), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and

(c) the applicant does not comply with the request by the due day or any later day allowed by the chief executive.

(7) If the chief executive decides to grant the exemption, the chief executive must give the person written notice of the decision.

(8) If the chief executive decides not to grant the exemption—

(a) the chief executive must give the person an information notice for the decision; and

(b) the person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.