Victorian Numbered Acts Victorian Numbered Acts(1) In considering an application under this Division the Panel must determine whether or not on the balance of probabilities the person should continue to be disqualified or should have the disqualification removed.
(2) In making the determination, the Suitability Panel must consider—
(a) if the conduct that resulted in the disqualification was dealt with as an offence—
(i) any finding of a court in respect of the offence and any reasons for that finding; and
(ii) any sentence imposed by a court in respect of the offence;
(b) the applicant's behaviour since he or she was disqualified;
(c) any information, evidence or submissions presented to the Panel by the applicant, the Secretary or any other person.
(3) In making a determination, the Suitability Panel may also consider any of the following factors, that the Panel considers relevant—
(a) if the conduct that resulted in the disqualification was an offence at the time the conduct occurred, whether the conduct has since been decriminalised;
(b) the period of time that has elapsed since the person was disqualified;
(c) any other matter the Panel considers relevant to the application.
(4) If the Suitability Panel determines that the applicant's disqualification from registration should be removed—
(a) the Panel must make a finding to that effect; and
(b) the person is no longer disqualified from being registered under this Part.