National Disability Insurance Scheme (Worker Checks) Act 2018
5Disqualified and presumptively disqualified persons
Start here
Get a plain-English read of 5
Turn the raw legal text into a practical explanation grounded in National Disability Insurance Scheme (Worker Checks) Act 2018.
5 Disqualified and presumptively disqualified persons
5 Disqualified and presumptively disqualified persons
(1) A person is a disqualified person for the purposes of this Act if the person has a conviction for an offence that is prescribed by the regulations as a disqualifying offence and that offence was committed by the person when an adult.
Note.
A disqualified person cannot be granted a clearance. See Part 2.
(2) A person is a presumptively disqualified person for the purposes of this Act if—
(a) the person has a conviction for an offence that is prescribed by the regulations as a presumptively disqualifying offence and that offence was committed by the person when an adult, or
(b) there are pending criminal proceedings against the person for an offence that is prescribed by the regulations as a disqualifying offence or presumptively disqualifying offence and that is alleged to have been committed by the person when an adult.
Note.
A presumptively disqualified person is presumed to pose a risk of harm to persons with disability and will not be granted a clearance unless there are exceptional circumstances. See Part 3.