14ACircumstances in which exception does not apply in “no card, no start” participating jurisdictions

14A Circumstances in which exception does not apply in “no card, no start” participating jurisdictions

(1) Paragraphs 14(1)(a) and 14(2)(a) do not apply to a person if: (a) the person has submitted an application for a clearance to an NDIS worker screening unit; and (b) the law of the participating jurisdiction in which the application is submitted prohibits a person from engaging in a risk assessed role while the person is in the process of obtaining a clearance; and (c) the person does not have an acceptable check that applies in that participating jurisdiction; and (d) a decision has not been made on the application. (2) For the purposes of paragraph (1)(c), a person has an acceptable check that applies in a participating jurisdiction if: (a) if the person is providing services to a participant in New South Wales—the person has an acceptable NSW check or an acceptable aged care provider check; or (b) if the person is providing services to a participant in South Australia—the person has an acceptable SA check or an acceptable aged care provider check; or (c) if the person is providing services to a participant in Victoria—the person is allowed to engage in a risk assessed role because of subsection 25(3) or an acceptable aged care check; or (d) if the person is providing services to a participant in Queensland—the person is allowed to engage in a risk assessed role because of subsection 26(3) or an acceptable aged care check; or (e) if the person is providing services to a participant in Tasmania—the person is allowed to engage in a risk assessed role because of subsection 27(3) or an acceptable aged care check; or (f) if the person is providing services to a participant in the Australian Capital Territory—the person is allowed to engage in a risk assessed role because of subsection 28(3) or an acceptable aged care check; or (g) if the person is providing services to a participant in the Northern Territory—the person is allowed to engage in a risk assessed role because of subsection 29(3) or an acceptable aged care check; or (h) if the person is providing services to a participant in Western Australia—the person has an acceptable WA check or an acceptable aged care check.