Div 4Duration and termination of NDIS worker check clearances and exclusions

Division 4—Duration and termination of NDIS worker check clearances and exclusions 18P—Duration of NDIS worker check clearance (1) A clearance remains in force (unless sooner cancelled) for a period of 5 years starting from whichever of the following start dates is applicable in the circumstances: (a) if the applicant is not the holder of a clearance under this Part or a corresponding law when the application for the clearance is granted, the start date is the date on which the application for the clearance is granted; (b) if the application is granted while the applicant is the holder of a clearance under this Part or a corresponding law, the start date is the date on which the existing clearance expires. (2) However, the central assessment unit may extend the period for which a clearance remains in force for a period of up to 6 months after the clearance would otherwise have expired if the holder of the clearance has made a valid application for a clearance under this Part or a corresponding law before the clearance expired and that application has not yet been determined. (3) If the period for which a clearance remains in force is extended under subsection (2), the clearance will be taken to have remained in force from the original expiry date until the extension takes effect. (4) Despite a provision of this or any other Act, the following arrangements apply for the purpose of facilitating alignment of the periods for which a clearance granted to a person under this Part and a working with children check conducted under the Child Safety (Prohibited Persons) Act 2016 are in force: (a) a clearance may, at the discretion of the central assessment unit and with the agreement of the applicant, be granted so as to be in force for a period of less than 5 years; (b) the period for which a clearance is in force may be shortened after the clearance is granted at the discretion of the central assessment unit and on the application of the holder of the clearance; (c) the holder of a clearance may, with the approval of the central assessment unit, apply for a new clearance earlier than 3 months before the expiry of the clearance; (d) the central assessment unit may approve a reduction in the fee payable, or a refund of part of any fee paid, to reflect any reduction in the period for which a clearance is or is to be in force. 18Q—Duration of NDIS worker check exclusion (1) An exclusion issued to a disqualified person remains in force indefinitely. (2) An exclusion issued to person other than a disqualified person remains in force (unless sooner cancelled) for a period of 5 years starting from the issue of the exclusion. 18R—Suspension of NDIS worker check clearance (1) The central assessment unit may, by written notice to the holder of a clearance, suspend the clearance if of the opinion that there is a reasonable likelihood that a risk assessment of the holder will determine that the holder poses a risk of harm to people with disability. (2) The central assessment unit may give written notice of the suspension of a clearance to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the holder of the clearance. (3) The suspension of a clearance ceases to have effect— (a) on notification in writing by the central assessment unit to the holder that the suspension is revoked; or (b) if the clearance is cancelled, whichever occurs first. 18S—Cancellation of NDIS worker check clearance (1) The central assessment unit must cancel the clearance of a person if the central assessment unit becomes aware that the person is a disqualified person, or a risk assessment determines that the person poses a risk of harm to people with disability. See also section 18K. (2) Without limiting subsection (1) or section 18W, the central assessment unit may cancel a clearance for any of the following reasons: (a) the central assessment unit is not satisfied that the person is or will be engaged to do NDIS work; (b) the clearance was granted pursuant to an application that was not valid; (c) the clearance was granted because of a mistake and should not have been granted. (3) If the central assessment unit proposes to cancel a clearance other than because the person is a disqualified person, the central assessment unit must notify the person in writing of the proposed cancellation and that the person may make a submission to the central assessment unit within the period specified in the notice. (4) The central assessment unit must consider any submission made by the person within the specified period before finally deciding whether to cancel the clearance. (5) The central assessment unit must notify the holder of a clearance in writing of the central assessment unit's decision to cancel the clearance. (6) Subject to this Part, notice of the decision must set out the reasons for the cancellation and any right to seek a review of the decision under this Part. (7) The central assessment unit may give written notice of the cancellation of a clearance to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the holder of the clearance. 18T—Cancellation of NDIS worker check clearance at request of holder (1) The holder of a clearance may at any time request cancellation of the clearance by notice in writing to the central assessment unit in the form approved by the central assessment unit. (2) The central assessment unit must, as soon as practicable after receiving the request, cancel the clearance except in the following circumstances (and must refuse to cancel the clearance in those circumstances): (a) the clearance, or a clearance held by a person under a corresponding law, is suspended; (b) the central assessment unit is undertaking or is proposing to undertake a risk assessment of the holder. (3) The central assessment unit may give written notice of the cancellation of a clearance under this section to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the holder of the clearance.