Document ID: chunk:federal_register_of_legislation:C2023A00063:clause:9_17a
Version: federal_register_of_legislation:C2023A00063
Segment Type: clause
Provision Reference: sch 9 cl 17A
Character Range: 26073–28095

17A  Suspension of protection and assistance on request by participant
 (1) Protection and assistance provided under the NWPP to a participant may be suspended by the Commissioner if the participant requests in writing that it be suspended.
 (2) A suspension under subsection (1) takes effect:
 (a) if the request specifies a time, and the Commissioner makes a decision on the request before that time—at the time specified in the request; or
 (b) otherwise—at a time determined by the Commissioner.
 (3) A suspension under subsection (1) ceases to have effect:
 (a) when the participant requests in writing that the suspension cease; or
 (b) if the request under subsection (1) specifies a time for the suspension to cease—at that time.

Notice of decision
 (4) If a participant makes a request under subsection (1), the Commissioner must, as soon as practicable after the request is made:
 (a) give written notice to the participant of the Commissioner's decision to suspend, or not to suspend, protection and assistance; and
 (b) notify the relevant approved authority of that decision.

Effect of suspension
 (5) Subject to subsection (6), protection or assistance must not be provided under the NWPP to a participant while a suspension under this section is in effect for the participant.
 (6) However, subsection (5) does not prevent protection or assistance being provided under the NWPP to a participant while a suspension under this section is in effect for the participant if the Commissioner is satisfied that, in the circumstances, it is necessary and reasonable for the protection or assistance to be provided despite the suspension.
 (7) To avoid doubt, a suspension under this section does not result in a person ceasing to be a participant while the suspension is in effect.

Former participants etc.
 (8) This section does not apply to:
 (a) former participants; or
 (b) other persons who are receiving protection or assistance under subsection 13(5) because of a relationship with a former participant.