15When a person is in the process of obtaining a clearance

15 When a person is in the process of obtaining a clearance

(1) Subject to subsection (2), a person is in the process of obtaining a clearance during the period starting on the day on which the person submits a complete application for a clearance to the relevant NDIS worker screening unit, and ending on the day on which a clearance or exclusion is made. (2) A person is not in the process of obtaining a clearance: (a) if the person has applied for an NDIS worker screening check on at least one prior occasion, and on the most recent prior occasion the person was subject to an exclusion; (b) if the person has had a clearance on at least one prior occasion, and on the most recent prior occasion the clearance was revoked; Note: The NDIS worker screening law of a participating jurisdiction may refer to a revocation using a different term. It may be referred to, for example, as an exclusion, because it has the effect of excluding a person from working with people with disability. (c) on any day after the application for an NDIS worker screening check is withdrawn by the person; (d) on any day after the application for an NDIS worker screening check is closed; (e) on any day when an interim bar is in force in relation to the person; (f) at any time the person is not being supervised in accordance with the requirements of section 14 of this instrument, as applicable; or (g) at any time a risk management plan required under this instrument is not being implemented. (3) For the purpose of this section, a person has submitted a complete application to the relevant NDIS worker screening unit if: (a) that unit has issued a notice in writing to the person confirming that the application has been made; and (aa) a registered NDIS provider has confirmed to that unit that: (i) the person is, or intends to be, a worker; or (ii) if the registered NDIS provider is an individual—the person is the registered NDIS provider; and (b) if the person is a worker ‑ the registered NDIS provider with whom the person engages in a risk assessed role has seen that notice; and (c) if the person is a worker ‑ the registered NDIS provider has made a record of the worker screening application number on that notice as required by section 18.

Note: Section 2B of the Acts Interpretation Act 1901 provides that “writing” includes any mode of representing or reproducing words, figures, drawing or symbols in a visible form. As a result, electronic communications, such as an email or an SMS message, are capable of constituting a notice in writing.

(4) For the purposes of paragraph 15(3)(aa), confirmation must be given in accordance with any applicable requirements of the NDIS worker screening law of the participating jurisdiction in which the application has been submitted.