Queensland Numbered Acts

DISABILITY SERVICES ACT 2006 No. 12 - SECT 102

(1) This section applies if a person who is the holder of a positive notice, including a positive notice that is suspended under section 104, 14 is convicted of an excluding offence and the court that convicts the person--

(a) imposes an imprisonment order; or

(b) makes a disqualification order under section 122.15

(2) The chief executive must cancel the positive notice held by the person and substitute a negative notice.

(3) At the time the chief executive gives the person the negative notice, the chief executive must give the person a further notice stating--

(a) there is no appeal under this Act against the decision of the chief executive to cancel the positive notice and substitute a negative notice; and

(b) the person can not apply under section 10016 for the cancellation of the negative notice, even after 2 years; and

(c) the person may apply under section 101 for the cancellation of the negative notice if the decision to issue the cancelled notice was made under this section and the penalty or order mentioned in subsection (1)(a) or (b) is not upheld on appeal against the imposition of the penalty or making of the order and that is the only reason for an application under section 101.

(4) Also, if the person is engaged by a funded non-government service provider, the chief executive must give notice to the service provider stating the person was given a negative notice.

(5) There is no appeal under this Act against a decision of the chief executive under this section to cancel the positive notice and substitute a negative notice.

(6) In section--

appeal includes review.