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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 28B
Driver authorisation—category B driver disqualifying offences
28B Driver authorisation—category B driver disqualifying offences
(1) This section applies if the chief executive is aware that a person who is
an applicant for driver authorisation or who holds driver authorisation has
been convicted of a category B driver disqualifying offence.
(2) The chief
executive must give the person written notice of the chief executive’s
intention to refuse to grant or renew, or to cancel, the driver authorisation
(the
"exclusion action" ) unless the person demonstrates to the chief executive’s
satisfaction that an exceptional case exists. Example of an exceptional
case— A person with no other criminal history was convicted of unlawful
penile intercourse 30 years ago and placed on a good behaviour bond after
being involved in a consensual sexual relationship with a 15 year old when the
person was 17.
(3) The chief executive must give the person a written
notice about the exclusion action— (a) identifying the category B driver
disqualifying offence of which the person has been convicted; and
(b) stating
the requirements of subsection (7) ; and
(c) giving the person an opportunity
to make written representations about the category B driver disqualifying
offence and the exclusion action within 28 days.
(3A) Subsection (4) applies
only if the person has been convicted of a category B driver disqualifying
offence that is also a serious offence or disqualifying offence under the
Working with Children (Risk Management and Screening) Act 2000 to the extent
that any qualification under that Act applies to the serious offence or
disqualifying offence.
(4) The chief executive must ask the chief executive
(employment screening) whether the chief executive (employment screening)
considers an exceptional case exists.
(4A) For subsection (4) , the chief
executive may give to the chief executive (employment screening) the
information, including any written representations mentioned under subsection
(3) (c) , the chief executive reasonably considers necessary for the chief
executive (employment screening) to consider whether an exceptional case
exists.
(4B) Also for subsection (4) , the chief executive is taken to have
made the request under that subsection if the chief executive obtains
confirmation from the chief executive (employment screening) that a person is
the holder of a working with children clearance under the Working with
Children (Risk Management and Screening) Act 2000 that is not suspended under
that Act.
(5) The chief executive (employment screening) may give the chief
executive the advice requested under subsection (4) .
(5A) However, if
subsection (4B) applies, the chief executive (employment screening) is taken
to have advised the chief executive that the chief executive (employment
screening) considers that an exceptional case exists.
(6) Without limiting
the chief executive’s power to take the exclusion action if the advice of
the chief executive (employment screening) was requested under subsection (4)
, the chief executive— (a) must take the advice of the chief executive
(employment screening) into account; and
(b) can not be satisfied that an
exceptional case exists if the chief executive (employment screening) advises
the chief executive that the chief executive (employment screening) considers
an exceptional case does not exist.
(7) The chief executive must consider any
written representations made by the person and must take the exclusion action
unless the chief executive, subject to subsection (6) and the paramount
principle mentioned in section 33A , is satisfied that an exceptional case
exists.
(8) Nothing in this section limits action the chief executive may
take under any other provision of this Act.
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