National Disability Insurance Scheme (Worker Checks) Act 2018
7Certain persons not permitted to apply for clearance
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7 Certain persons not permitted to apply for clearance
7 Certain persons not permitted to apply for clearance
(1) A person cannot apply for a clearance if—
(a) the person has had a clearance refused or cancelled under this Act or a corresponding law because the person is a disqualified person, or
(b) the person has made an application for a clearance under this Act or a corresponding law and that application is pending (whether or not the application is subject to an interim bar), or
(c) the person currently holds a clearance under this Act or a corresponding law, unless the application is made no more than 3 months before the expiry of the current clearance, or
Note.
An application for a clearance cannot be made more than 3 months before the expiry of an existing clearance.
(d) the person is subject to a 5-year ban on applying for a clearance as provided by this section following refusal or cancellation of a clearance, or
(e) in the previous 12 months, an application by the person for a clearance under this Act or a corresponding law has been rejected because the person failed to comply with a requirement to provide information.
(2) A person who has had a clearance refused or cancelled under this Act or a corresponding law is banned from applying for a clearance for 5 years following the refusal or cancellation, except in the following situations—
(a) if the cancellation was at the request of the person,
(b) if there has been a relevant change of circumstances for the purposes of the 5-year ban (as provided by subsection (3)),
(c) if the refusal or cancellation was because the person is a disqualified person.
Note.
The 5-year ban does not apply to a disqualified person. Such a person is permanently disqualified from reapplying for a clearance that has been refused or cancelled.
(3) Each of the following is a relevant change of circumstances for the purposes of the 5-year ban after refusal or cancellation of a clearance—
(a) proceedings for an offence on which the refusal or cancellation was based are withdrawn or dealt with without conviction of the person for the offence,