43Requirements for application for internal review

43 Requirements for application for internal review

43 Requirements for application for internal review

(1) An application for internal review of a reviewable decision must—

(a) be in the form approved by the Screening Agency, and

(b) include the information prescribed by the regulations, and

(c) be made to the Screening Agency—

(i) for a reviewable decision to refuse to grant an application for an NDIS worker check clearance or to cancel an NDIS worker check clearance—within 28 days after notice of the reviewable decision is given to the affected person, or

(ii) for a reviewable decision to impose an interim bar or suspension, if the interim bar or suspension has been in effect for more than 6 months—at any time after the interim bar or suspension has been in effect for more than 6 months, and

(d) be accompanied by the fee prescribed by the regulations, and

(e) be accompanied by any additional information or documents required by the Screening Agency.

(2) Despite subsection (1)(c)(i), the Screening Agency may, at the request of an affected person for a reviewable decision, extend the period of time during which an application for internal review of the reviewable decision may be made.

(3) The application does not stay the operation of the reviewable decision.

(4) To assist the Screening Agency to review the reviewable decision, the Screening Agency may, by notice to the affected person, require the affected person to give additional information or documents within the time, not less than 28 days, stated in the notice.

(5) The Screening Agency may terminate an application for internal review if the affected person fails, without reasonable excuse, to comply with a notice under subsection (4).

s 43: Subst 2025 No 56, Sch 4[1].