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CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 144

144 Amendment of s 116 (Chief executive to give notice to funded non-government service provider about making screening decision about engaged person)

(1) Section 116(1)(a), from 'the holder' to 'person)'--

omit, insert--

'an engaged person'.

(2) Section 116(2)--

omit, insert--

'(2) However, this section does not apply to a change in police information if--

(a) the change is that the engaged person--
(i) has been charged with or convicted of a disqualifying offence; or
(ii) has become a relevant disqualified person; or
(b) both of the following apply--
(i) the change is that the engaged person has been named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended;
(ii) an application for a prescribed notice or exemption notice about the engaged person has been made under this part and has not been decided.'.

(3) Section 116(3) and (4)--

omit, insert--

'(3) If the chief executive considers the change in police information may be relevant to the engagement of the engaged person by a funded non-government service provider, the chief executive must give notice to the service provider stating the following--

(a) the engaged person's name and identifying details;
(b) the chief executive has received police information about the engaged person that the chief executive considers relevant to the engagement of the engaged person by the service provider;
(c) the chief executive is making a screening decision about the engaged person;
(d) a reminder of the risk management requirements under section 82;
(e) a funded non-government service provider may not terminate the engagement of the engaged person solely or mainly because the service provider is given a notice under this section;
(f) if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence.'.

(4) Section 116(3)--

insert--

'(g) if the change in police information is a conviction for a serious offence--
(i) that under section 91, it is an offence for the funded non-government service provider to engage, or continue to engage, the engaged person at a service outlet of the service provider; and
(ii) the effect of section 94.'.

(5) Section 116(5)--

renumber as section 116(4).

(6) Section 116--

insert--

'(5) In this section--

engaged person means--

(a) the holder of a positive notice, other than a positive notice that is suspended under section 104; or
(b) the holder of a positive exemption notice, other than a positive exemption notice that is suspended under section 105A; or
(c) a person about whom a prescribed notice application or exemption notice application is made if the application has not been decided or withdrawn.'.


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