42Who may apply for or initiate internal review

42 Who may apply for or initiate internal review

42 Who may apply for or initiate internal review

(1) An affected person for a reviewable decision may apply to the Screening Agency for a review of the reviewable decision under this division (an internal review).

(2) However, subject to subsection (3), a person may not apply for an internal review of a reviewable decision to—

(a) refuse to grant an NDIS worker check clearance or to cancel an NDIS worker check clearance because the applicant or holder is—

(i) a disqualified person, or

(ii) a presumptively disqualified person as a result of there being pending criminal proceedings against the applicant, or

(b) terminate an application or cancel an NDIS worker check clearance because the applicant or holder has failed, without reasonable excuse, to give information in accordance with section 29, or

(c) terminate an application for internal review because the applicant or holder has failed, without reasonable excuse, to give information in accordance with section 43(4).

(3) A person may seek an internal review of a decision referred to in subsection (2)(a), (b) or (c) if the ground for the review is an error in a finding of fact that—

(a) the person is a disqualified person or presumptively disqualified person, or

(b) the failure to give required information was without reasonable excuse.

(4) The Screening Agency may, on its own initiative, review a reviewable decision at any time and without an application by the affected person for the reviewable decision (also an internal review).

(5) An application cannot be made for a further internal review of an internal review decision.

s 42: Subst 2025 No 56, Sch 4[1].