sec.76Refusal to withdraw by chief executive

sec.76 Refusal to withdraw by chief executive

The chief executive may refuse to withdraw an applicant’s disability worker screening application if— an interim bar is in effect for the applicant; or an interstate NDIS clearance held by the applicant is suspended under a corresponding law; or the applicant was previously issued an exclusion or an interstate NDIS exclusion; or the chief executive, in relation to deciding the application— has given, or is proposing to give, the applicant a show cause notice under section 95 ; or reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability. If the chief executive refuses to withdraw the application, the chief executive must give the applicant a notice that states the reasons for the refusal. s 76 ins 2010 No. 5 s 114 amd 2010 No. 5 s 115 sub 2020 No. 39 s 11 (sec.76-ssec.1) The chief executive may refuse to withdraw an applicant’s disability worker screening application if— an interim bar is in effect for the applicant; or an interstate NDIS clearance held by the applicant is suspended under a corresponding law; or the applicant was previously issued an exclusion or an interstate NDIS exclusion; or the chief executive, in relation to deciding the application— has given, or is proposing to give, the applicant a show cause notice under section 95 ; or reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability. (sec.76-ssec.2) If the chief executive refuses to withdraw the application, the chief executive must give the applicant a notice that states the reasons for the refusal.

• (a) an interim bar is in effect for the applicant; or
• (b) an interstate NDIS clearance held by the applicant is suspended under a corresponding law; or
• (c) the applicant was previously issued an exclusion or an interstate NDIS exclusion; or
• (d) the chief executive, in relation to deciding the application— (i) has given, or is proposing to give, the applicant a show cause notice under section 95 ; or (ii) reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.
• (i) has given, or is proposing to give, the applicant a show cause notice under section 95 ; or
• (ii) reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.
• (i) has given, or is proposing to give, the applicant a show cause notice under section 95 ; or
• (ii) reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.