Section 20 - National Disability Insurance Scheme (Worker Checks) Act 2018 - Cancellation of clearance

20Cancellation of clearance

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20 Cancellation of clearance

(1) The Screening Agency must cancel the clearance of a person if the Screening Agency becomes aware that the person is a disqualified person or a risk assessment determines that the person poses a risk of harm to persons with disability.

(2) The Screening Agency may cancel a clearance for any of the following reasons—

(a) the Screening Agency 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 Screening Agency proposes to cancel a clearance other than because the person is a disqualified person, the Screening Agency must notify the person in writing of the proposed cancellation and that the person may make a submission to the Screening Agency within the period specified in the notice.

(4) The Screening Agency must consider any submission made by the person within the specified period before finally deciding whether to cancel the clearance.

(5) The Screening Agency must notify the holder of a clearance in writing of the Screening Agency’s decision to cancel the clearance. Notice of the decision must set out the reasons for the cancellation and any right to seek a review under Part 6 (Review of decisions).

(6) The Screening Agency may give written notice of the cancellation of a clearance to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the holder of the clearance.