New South Wales Consolidated Acts

FINES ACT 1996 - SECT 99BA

99BA Assessments of eligibility for orders and keeping of records

(1) An application for a work and development order may include an assessment by the approved person or persons supporting the application as to whether the person for whom the order is sought meets any of the criteria specified in section 99B (1) (b).

(2) If such an assessment is included in the application, the Commissioner is to rely on that assessment when deciding whether to make the work and development order unless the Commissioner has reason to believe that the assessment should not be relied on.

(3) If an approved person supports an application for a work and development order or includes in such an application an assessment of eligibility for the order, the approved person is to keep records of the supporting evidence for the application or the assessment of eligibility in accordance with the guidelines.

(4) The Commissioner may, at any time, require the approved person or persons who supported the application or made the assessment to provide all or specified types of that supporting evidence.

(5) Despite section 99I, the Commissioner may waive a requirement that an application for a work and development order or an assessment of eligibility for a work and development order be supported by a particular type of evidence if the Commissioner considers the circumstances of the case warrant it.