Div 3Risk assessment

Division 3—Risk assessment 18M—Nature of risk assessment (1) A risk assessment of a person for the purposes of this Part is an assessment and determination by the central assessment unit as to whether the person poses a risk of harm to people with disability. (2) For the purposes of this Part, a reference to a risk of harm to people with disability is to be interpreted in accordance with the following principles: (a) the risk of harm must be a real and appreciable risk of harm; (b) the risk of harm does not need to be likely or significant; (c) the risk of harm need not arise from recent events. harm includes— (a) any detrimental effect on a person's physical, psychological, emotional or financial wellbeing (personal harm); and (b) non-consensual or inappropriate conduct of a sexual nature with or towards a person (whether or not that conduct poses a risk of personal harm). 18N—Requirement for risk assessment (1) A risk assessment of an applicant for, or the holder of, a clearance is required in the following circumstances: (a) if the applicant or holder is a presumptively disqualified person; (b) in the circumstances prescribed by the regulations for the purposes of this paragraph; (c) in such other circumstances as the central assessment unit may determine. (2) A risk assessment of an applicant for a clearance is required at the time of application if there are circumstances at the time of application that require a risk assessment. (3) A risk assessment of the holder of a clearance is required if the central assessment unit becomes aware that there are circumstances that require a risk assessment. 18O—Matters to be considered in risk assessment The central assessment unit is to consider the following for the purposes of a risk assessment: (a) the nature, gravity and circumstances of any offence, misconduct or other event that resulted in, or contributed to, the requirement for a risk assessment in relation to the person (a relevant event), and how it is relevant to NDIS work; (b) the length of time that has passed since a relevant event occurred; (c) the vulnerability of any victim of a relevant event at the time of the event and the person's relationship to the victim or position of authority over the victim at the time of the event; (d) the person's criminal history, history of misconduct and other relevant history, including whether there is a pattern of concerning behaviour; (e) the person's conduct since a relevant event; (f) all other circumstances in respect of the person's criminal offending, misconduct and other relevant history and their impact on eligibility to be engaged in NDIS work; (g) such other matters as the central assessment unit considers appropriate.