36Notification by reporting bodies of conduct requiring risk assessment

36 Notification by reporting bodies of conduct requiring risk assessment

36 Notification by reporting bodies of conduct requiring risk assessment

(1) It is the duty of a reporting body to notify the Screening Agency of the name and other identifying particulars of any NDIS worker against whom the reporting body has made a finding that the worker has engaged in conduct that constitutes circumstances prescribed by the regulations as requiring a risk assessment of the person.

(2) The duty to notify imposed by this section applies only to findings made after the commencement of this section. A reporting body is authorised (but not required) to notify the Screening Agency in respect of any such finding made before the commencement of this section.

(3) The Screening Agency may give directions to reporting bodies as to the form and manner in which a notification required under this section must be given.

(4) A reporting body may amend or withdraw a notification under this section at any time by notice in writing to the Screening Agency.

(5) The regulations may make provision for or with respect to the following—

(a) requiring the provision by reporting bodies of further particulars of any conduct in respect of which a finding is notified under this section,

(b) the keeping of records by reporting bodies of information about findings required to be notified under this section.

(6) In this section—

reporting body means the following—

(a) a NSW government agency that is prescribed by the regulations for the purposes of this section,

(b) a registration or other licensing authority that is constituted under an Act and that is prescribed by the regulations for the purposes of this section,

(c) any other employer or professional or other body that supervises the conduct of an employee and that is prescribed by the regulations for the purposes of this section.