Div 2NDIS worker check clearances and exclusions

Division 2—NDIS worker check clearances and exclusions 18G—Application for NDIS worker check clearance (1) A person may apply to the central assessment unit for a clearance in accordance with this section. (2) An applicant must— (a) reside, or intend to reside, in this State; or (b) undertake NDIS work, or intend to undertake NDIS work, in this State, and the central assessment unit may refuse to accept an application if the central assessment unit is not satisfied that the applicant satisfies the requirements under this subsection. (3) An application for a clearance must— (a) be made in a manner and form approved by the central assessment unit; and (b) be accompanied by any information required by the central assessment unit; and (c) include, or be accompanied by, proof of the identity of the applicant in a form approved by the central assessment unit; and (d) be accompanied by the prescribed fee. (4) The approved form of application for a clearance must provide for the authorisation by the applicant of— (a) the making of inquiries about the applicant by the central assessment unit for an NDIS purpose; and (b) the obtaining of relevant information about the applicant by the central assessment unit from any authorised person for an NDIS purpose; and (c) the disclosure of relevant information about the applicant by the central assessment unit to an authorised person for an authorised purpose. (5) The central assessment unit may require an applicant for a clearance to provide a recent photograph of the applicant, obtained in accordance with arrangements determined by the central assessment unit. (6) An applicant may withdraw an application at any time by notice in writing to the central assessment unit in the form approved by the central assessment unit, however the withdrawal only has effect if the central assessment unit consents to the withdrawal. (7) The central assessment unit must consent to a withdrawal of an application except in the following circumstances (and must refuse consent in those circumstances): (a) a clearance currently held by the applicant under this Part or a corresponding law is under suspension; (b) the applicant's most recent clearance was cancelled under this Part or a corresponding law (other than cancellation at the request of the holder); (c) the central assessment unit has notified or is proposing to notify the applicant that it proposes to issue an NDIS worker check exclusion to the applicant but has not yet determined the application; (d) the central assessment unit is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses a risk of harm to people with disability. (8) The central assessment unit may give written notice of the withdrawal of an application to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant. (9) The regulations may make further provision in relation to applications (including, to avoid doubt, provisions setting out additional circumstances in which an application may be refused or terminated by the central assessment unit). 18H—Certain persons not permitted to apply for NDIS worker check clearance (1) A person cannot apply for a clearance if the person— (a) has made an application for a clearance under this Part or a corresponding law and that application is pending; or (b) currently holds a clearance under this Part or a corresponding law, unless the application is made no more than 3 months before the expiry of the current clearance; or (c) is otherwise subject to a ban on applying for a clearance under this section. (2) A person to whom an exclusion is issued under this Part or a corresponding law (being a person who is not a disqualified person) is banned from applying for a clearance for 5 years following the issue of the exclusion except where there has been a relevant change of circumstances. (3) A person who has had a clearance cancelled under this Part or a corresponding law is banned from applying for a clearance for 5 years following the cancellation except where— (a) the cancellation was at the request of the person; or (b) the cancellation occurs under section 18S(2) or 18W(2); or (c) there has been a relevant change of circumstances. (4) For the purposes of this section, each of the following is a relevant change of circumstances in relation to the issue of an exclusion or cancellation of a clearance: (a) proceedings for an offence on which the exclusion or cancellation was based are withdrawn or dealt with without a finding of guilt in respect of the person; (b) a finding of guilt for an offence on which the exclusion or cancellation was based is quashed or set aside; (c) a finding in respect of a risk assessment on which the exclusion or cancellation was based is quashed or set aside, or otherwise ceases to have effect; (d) any other change of circumstances that the central assessment unit considers should result in the person being permitted to make an application. 18I—Determination of application—grant of NDIS worker check clearance (1) Except where an NDIS worker check exclusion is issued under section 18J, or an application is refused under subsection (2), an application for a clearance made in accordance with this Part must be granted. (2) An application for a clearance may be refused if the central assessment unit is not satisfied that the applicant is, or will be, engaged to do NDIS work. (3) To avoid doubt, a refusal to grant a clearance under subsection (2) does not constitute an NDIS worker check exclusion. 18J—Determination of application—issue of NDIS worker check exclusion (1) The central assessment unit must issue an NDIS worker check exclusion to an applicant for a clearance if— (a) the applicant is a disqualified person; or (b) a risk assessment of the applicant is required and the risk assessment determines that the applicant poses a risk of harm to people with disability. (2) Subject to this Part, before issuing an exclusion to an applicant referred to in subsection (1)(b), the central assessment unit must notify the applicant in writing of the intention to issue the exclusion and notify the applicant that the applicant may make a submission to the central assessment unit within the period specified in the notice. (3) The central assessment unit must consider any submission made by an applicant within the specified period before finally deciding the application. 18K—Certain persons presumed to pose risk of harm to people with disability (1) The following provisions apply in relation to determination of an application for a clearance in respect of a person who has been found guilty of a presumptive disqualification offence: (a) the person will be presumed to pose a risk of harm to people with disability; (b) the central assessment unit need not consider or assess any further information in relation to the application; (c) the central assessment unit must, for the purposes of section 18J, determine that the person poses a risk of harm to people with disability unless the person satisfies the central assessment unit that— (i) the circumstances of the presumptive disqualification offence committed, or alleged to have been committed, by the person are such that the offence should be disregarded in determining whether the person poses a risk of harm to people with disability; or (ii) such exceptional circumstances exist in relation to the person that the person does not appear, or no longer appears, to pose a risk of harm to people with disability. (2) Nothing in this section limits section 18H. 18L—Notice of grant of NDIS worker check clearance or issue of NDIS worker check exclusion (1) The grant of an NDIS worker check clearance, or the issue of an NDIS worker check exclusion, must be by notice in writing and must comply with any requirements set out in the regulations for the purposes of this subsection. (2) Subject to this Act, notice of a decision to issue an exclusion must set out the reasons for the decision and any right to seek a review of the decision under this Part. (3) The central assessment unit may give written notice of the issue of an exclusion to an applicant to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant.