NORTHERN TERRITORY OF AUSTRALIA
NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)
ACT 2020
As in force at 26 May 2021
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects of Act .................................................................................. 1
4 Principles guiding screening checks ................................................ 2
5 Act binds Crown .............................................................................. 2
6 Application of Act ............................................................................. 3
7 Interpretation ................................................................................... 3
8 Meaning of more than incidental contact ......................................... 6
9 Meaning of NDIS work ..................................................................... 7
10 Meaning of presumed disqualified person ....................................... 7
11 Meaning of risk assessed role ......................................................... 8
12 Meaning of volunteer ....................................................................... 8
13 Screening Agency ........................................................................... 8
14 Application of Criminal Code ........................................................... 9
Part 2 NDIS worker clearance
Division 1 Acceptance of applications
15 Acceptance date for application for screening check....................... 9
16 Persons ineligible to apply for screening check ............................... 9
Division 2 Requirements for application
17 Application for screening check ..................................................... 10
18 Applicant to give consent ............................................................... 10
19 Disclosures .................................................................................... 11
20 Employer verification ..................................................................... 11
Division 3 Assessment of application
21 Eligibility to work while application assessed ................................. 12
22 Assessment of application ............................................................. 13
23 Determination of application .......................................................... 14
Division 4 Clearance granted
24 Clearance granted ......................................................................... 15
National Disability Insurance Scheme (Worker Clearance) Act 2020 ii
25 Duration of clearance .................................................................... 15
26 Cancellation of clearance .............................................................. 15
27 Ongoing monitoring ....................................................................... 16
Division 5 Clearance refused or cancelled
28 Application of Division ................................................................... 16
29 Excluded persons .......................................................................... 17
Division 6 Interim bar or suspension
30 Application of Division ................................................................... 18
31 Interim bar ..................................................................................... 18
32 Suspension .................................................................................... 19
33 Internal review of interim bar or suspension .................................. 20
Division 7 Risk assessment
34 Requirement for risk assessment .................................................. 20
35 Matters to be considered when determining whether there is
unacceptable risk of harm to participant ........................................ 20
36 Staff to be appropriately skilled...................................................... 21
37 Determination or intention of Screening Agency after risk
assessment ................................................................................... 22
38 Internal review of intention ............................................................. 22
39 Determination of Screening Agency after intention notified ........... 23
Division 8 Miscellaneous matters
40 Withdrawing application ................................................................. 23
41 Surrender of clearance .................................................................. 24
Part 3 Review of decision
42 Internal review ............................................................................... 24
43 Review by NTCAT ......................................................................... 25
44 Confidentiality of classified information .......................................... 26
Part 4 Collection, use, storage and disclosure of
information
45 Authorised purpose ....................................................................... 27
46 Information only to be used for authorised purpose....................... 27
47 Sharing and disclosing information ................................................ 27
48 Screening Agency may disclose .................................................... 28
49 Authorised person may disclose .................................................... 29
50 Power to require relevant information from other persons ............. 29
51 Criminal history information to be exchanged ................................ 29
52 Information sharing – miscellaneous ............................................. 30
National Disability Insurance Scheme (Worker Clearance) Act 2020 iii
Part 5 Offences
53 Unauthorised collection or use of information ................................ 30
54 Offence to disclose certain information .......................................... 31
55 Misleading information ................................................................... 31
56 Fail to comply with request for information .................................... 33
Part 6 Administrative matters
57 Approved forms ............................................................................. 33
58 Fees .............................................................................................. 33
59 Evidentiary certificates ................................................................... 33
60 Protection from liability .................................................................. 34
61 Failure to give notice of decision ................................................... 34
62 Regulations.................................................................................... 34
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 26 May 2021
NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)
ACT 2020
An Act to provide for clearance for people providing support and
services to participants in the National Disability Insurance Scheme and
for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the National Disability Insurance Scheme
(Worker Clearance) Act 2020.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Objects of Act
The objects of this Act are to provide for screening checks intended
to protect participants from harm arising from poor quality or unsafe
supports or services under the NDIS by:
(a) demonstrating that the rights of participants to be safe and
protected are a high community priority; and
(b) reducing the potential for providers of NDIS funded supports
and services to engage individuals who pose an unacceptable
risk of harm to participants; and
(c) prohibiting individuals who have a history of harm against
participants from having more than incidental contact with
participants when working for a provider of NDIS funded
supports and services; and
(d) deterring individuals who pose an unacceptable risk of harm to
participants from seeking NDIS work.
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National Disability Insurance Scheme (Worker Clearance) Act 2020 2
4 Principles guiding screening checks
Screening checks are to be guided by the following principles:
(a) human rights – the paramount consideration is the right of
participants to live their lives free from abuse, violence,
neglect and exploitation, consistent with the United Nations
Convention on the Rights of Persons with Disabilities;
(b) duty of care – providers of NDIS funded supports and services
have the primary responsibility for ensuring that they do not
engage unsuitable people and that their employees are not
acting or behaving in any way that puts participants at risk of
harm;
(c) screening is risk-based – decisions are made based on the
potential risk an individual poses to participants after
assessing the details of a range of relevant information;
(d) proportionality – only employees whose role provides a
significant opportunity for harm to participants are required to
undergo screening;
(e) consistency – ensuring the screening check delivers the same
outcome, regardless of the jurisdiction in which the
assessment was conducted;
(f) privacy and appropriate use of information – information about
an individual, obtained in the course of conducting screening
checks, is not used for an improper purpose and is protected
from inappropriate disclosure;
(g) natural justice – procedural fairness and transparency,
ensuring screening check processes are independent and fair;
(h) efficiency and effectiveness – streamlined screening
processes for employees of providers of NDIS funded
supports and services who operate across jurisdictions, with a
single screening process for all employees.
5 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
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National Disability Insurance Scheme (Worker Clearance) Act 2020 3
6 Application of Act
This Act applies to and in relation to a person who, under Part 2 of
the National Disability Insurance Scheme (Practice Standards –
Worker Screening) Rules 2018 (Cth), is required to have an NDIS
worker clearance.
Note for section 6
Rule 14(c) of the National Disability Insurance Scheme (Practice Standards –
Worker Screening) Rules 2018 (Cth) provides that a person is not required to
have a clearance if the person is:
(a) a secondary school student on a formal work experience placement with
a registered NDIS provider; and
(b) directly supervised by a worker of the provider who has a clearance.
7 Interpretation
(1) In this Act:
adult means a person who is 18 years of age or older.
affected person, see section 42(2).
Agency, see section 18A of the Interpretation Act 1978.
applicant means an applicant for a screening check under this Act.
approved form means a form approved under section 57.
authorised person means the following:
(a) the Screening Agency;
(b) an organisation or body performing screening checks in a
State or another Territory;
(c) a person performing functions or exercising powers under this
Act or a corresponding law;
(d) the NDIS Commission;
(e) a law enforcement agency of the Territory or another
jurisdiction, including outside of Australia;
(f) any other person, organisation or body prescribed by
regulation.
authorised purpose, see section 45.
CEO means the Chief Executive Officer of the Agency
administering this Act.
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National Disability Insurance Scheme (Worker Clearance) Act 2020 4
child means a person who is under 18 years of age.
clearance means an NDIS worker clearance granted by the
Screening Agency for a person to engage in NDIS work for a
registered NDIS provider or an NDIS provider.
clearance holder means a person who holds a clearance under
this Act or a corresponding law to engage in NDIS work.
corresponding law is a law of a State or another Territory that
corresponds with this Act and includes a law that is prescribed by
regulation as a corresponding law.
criminal intelligence, see section 6 of the Serious Crime Control
Act 2009.
decision notice, for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has,
under this Act or another Act, to apply for a review of, or to
appeal, the decision.
Note for definition decision notice
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the
requirements of a decision maker after the decision maker has made an NTCAT
reviewable decision under this Act.
disqualified person means a person who, as an adult, committed
a disqualifying offence.
disqualifying offence means an offence prescribed by regulation
as a disqualifying offence.
engage, in relation to a person, means in any of the following
capacities:
(a) as a paid or unpaid employee;
(b) as a self-employed person or a contractor or subcontractor;
(c) as a volunteer.
excluded, in relation to a person, see section 29.
interim bar, see rule 5 of the National Disability Insurance Scheme
(Practice Standards – Worker Screening) Rules 2018 (Cth).
more than incidental contact, see section 8.
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National Disability Insurance Scheme (Worker Clearance) Act 2020 5
NDIS Act means the National Disability Insurance Scheme
Act 2013 (Cth) and includes the rules under that Act.
NDIS Code of Conduct means the National Disability Insurance
Scheme (Code of Conduct) Rules 2018 made under the NDIS Act.
NDIS Commission means the NDIS Quality and Safeguards
Commission established under the NDIS Act.
NDIS provider means a provider of NDIS funded supports and
services under the NDIS Act.
NDIS work, see section 9.
non-conviction charge means proceedings that have been
commenced against a person as an adult or a child in relation to a
charge, but were not finally determined because the proceedings
were discontinued.
Examples for definition non-conviction charge
Examples for a non-conviction charge include the following proceedings:
(a) a proceeding that was withdrawn;
(b) a proceeding that was the subject of a nolle prosequi, a no true bill or a
submission of no evidence to offer;
(c) a proceeding that led to a conviction that was quashed on appeal or on
which a person was acquitted or disposed of by a court otherwise than by
way of conviction.
NTCAT reviewable decision, see section 43(1).
ongoing monitoring, see section 27.
participant, see section 9 of the NDIS Act.
pending charge means a current charge for a criminal offence that
has not yet been determined, whether the person is being dealt with
as an adult or a child.
presumed disqualifying offence means an offence prescribed by
regulation as a presumed disqualifying offence.
presumed disqualified person, see section 10.
registered NDIS provider means a provider of NDIS funded
supports and services registered under the NDIS Act.
reviewable decision, see section 42(1).
risk assessed role, see section 11.
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National Disability Insurance Scheme (Worker Clearance) Act 2020 6
risk assessment, see section 34.
Screening Agency means the person or Agency declared by the
Minister under section 13.
screening check means an NDIS worker screening check
undertaken by the Screening Agency to assess whether an
applicant is eligible to hold a clearance.
spent conviction means a conviction which, in accordance with
the Criminal Records (Spent Convictions) Act 1992, no longer
forms part of a person’s criminal history.
Tribunal affected person, see section 43(2).
volunteer, see section 12.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) A term defined in the NDIS Act has the same meaning in this Act
unless separately defined for this Act.
8 Meaning of more than incidental contact
(1) Without limiting what may constitute more than incidental
contact, the normal duties of a role are likely to require more than
incidental contact with a participant if those duties include:
(a) physically touching a participant; or
(b) building a rapport with a participant as an integral and ordinary
part of the performance of those duties; or
(c) having contact with multiple participants:
(i) as part of the direct delivery of a specialist disability
support or service; or
(ii) in a specialist disability accommodation setting.
Examples for subsection (1)
1 The role of an employee involves the delivery of mobility equipment to the
homes of participants. As a standard part of that role, the employee provides
training and instructions to the participant about how to use the equipment
safely and makes adjustments to the equipment to make it suitable for the
participant. This role is likely to require more than incidental contact. This is
because there is "contact" with the participant. The ordinary content of that
contact (testing the participant's needs and preferences with them, talking
about and responding to the nature of their disability) means that there is a
level of openness and trust required on the part of the participant which would
Part 1 Preliminary matters
National Disability Insurance Scheme (Worker Clearance) Act 2020 7
routinely involve the employee building a level of rapport with them.
2 An accountant works for a business that supplies custom prosthetics to
participants, and performs only "back office" duties. The accountant has
coincidental contact with participants many work days, when moving through
public areas of the business, at which time the accountant nods and says
hello to the customers. The accountant's role does not involve more than
incidental contact with participants. This is because the duties of the role do
not require the accountant to have more than polite, functional contact with
participants, or get to know them in any way.
(2) In this section:
contact includes physical contact, face-to-face contact, oral
communication, written communication and electronic
communication.
9 Meaning of NDIS work
(1) NDIS work means work comprising, or in connection with, the
provision of supports or services by registered NDIS providers or
NDIS providers to participants.
(2) In this section:
work means work:
(a) that is the subject of requirements under the NDIS Act for a
person to hold a clearance under this Act or a corresponding
law in order to be allowed by a registered NDIS provider or
NDIS provider to engage in that work; or
(b) that the Screening Agency is satisfied is work in respect of
which it is otherwise necessary or convenient for a person to
hold a clearance to facilitate the person's engagement in that
work.
10 Meaning of presumed disqualified person
(1) A person who, as an adult, committed a presumed disqualifying
offence is a presumed disqualified person.
(2) A person who is the subject of pending criminal proceedings for a
disqualifying offence or a presumed disqualifying offence, allegedly
committed as an adult, is also a presumed disqualified person.
(3) A presumed disqualified person must be refused a clearance
unless there are exceptional circumstances.
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National Disability Insurance Scheme (Worker Clearance) Act 2020 8
11 Meaning of risk assessed role
(1) A risk assessed role is:
(a) a key personnel role of a person or an entity; or
(b) a role for which the normal duties include the direct delivery of
specified supports or specified services to a participant; or
(c) a role for which the normal duties are likely to require more
than incidental contact with a participant.
(2) A registered NDIS provider must:
(a) assess all roles in which the provider's employees and other
personnel will engage; and
(b) identify each one that is a risk assessed role.
(3) An NDIS provider may:
(a) assess all roles in which the provider's employees and other
personnel will engage; and
(b) identify each one that is a risk assessed role.
(4) A role is a role with a particular registered NDIS provider or NDIS
provider, whether the duties of the role are performed by an
employee or other personnel.
12 Meaning of volunteer
(1) A person is a volunteer if the person:
(a) may be engaged by another person to do NDIS work as a
volunteer; or
(b) may do NDIS work as a volunteer on the person's own
account.
(2) A person mentioned in subsection (1)(b) is taken to be a
self-employed person who engages themselves as a volunteer.
13 Screening Agency
The Minister may, by Gazette notice, declare a person or an
Agency to be the Screening Agency.
Part 2 NDIS worker clearance
Division 1 Acceptance of applications
National Disability Insurance Scheme (Worker Clearance) Act 2020 9
14 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 14
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 NDIS worker clearance
Division 1 Acceptance of applications
15 Acceptance date for application for screening check
(1) An application for a screening check may be made at any time after
the commencement of this section.
(2) However, an application that is made before the application
acceptance date (the acceptance date) is taken to have been
made on the acceptance date.
(3) The CEO must, by Gazette notice, give notice of the acceptance
date.
16 Persons ineligible to apply for screening check
(1) A person cannot apply for a screening check 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 screening check
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
(d) the person is subject to a prohibition for 5 years from applying
for a screening check following refusal or cancellation of a
clearance.
Note for subsection (1)(d)
Division 5 applies in relation to a prohibition.
Part 2 NDIS worker clearance
Division 2 Requirements for application
National Disability Insurance Scheme (Worker Clearance) Act 2020 10
(2) An application made in contravention of subsection (1) is not a valid
application and must be rejected.
Division 2 Requirements for application
17 Application for screening check
(1) An application for a screening check must be made to the
Screening Agency in the approved form.
(2) The application must:
(a) include the prescribed information; and
(b) include the prescribed proof of identity; and
(c) be accompanied by the prescribed fee.
(3) The Screening Agency may, by written notice, request from an
applicant further information relevant to the determination of the
application.
(4) If the applicant fails to provide information requested under
subsection (3) within the time prescribed by regulation, the
application is taken to be discontinued.
18 Applicant to give consent
(1) An applicant for a screening check must consent:
(a) to the Screening Agency seeking information from law
enforcement agencies, the NDIS Commission and other
prescribed organisations; and
(b) for those bodies to provide information relevant to the
determination of the application to the Screening Agency.
(2) The applicant must also consent to:
(a) the result of the screening check in relation to the applicant
being disclosed to the applicant's current and prospective
employers, the NDIS Commission and screening authorities of
other States or another Territory; and
(b) relevant information (including the result of the screening
check in relation to the applicant) being entered in a database
for clearances for the NDIS; and
Part 2 NDIS worker clearance
Division 2 Requirements for application
National Disability Insurance Scheme (Worker Clearance) Act 2020 11
(c) if a clearance is granted – ongoing monitoring for the duration
of the clearance of the applicant's eligibility to maintain the
clearance; and
(d) the sharing of information relating to the applicant between
law enforcement agencies and the NDIS Commission for
screening processes for working with vulnerable people.
(3) The applicant may consent to a secondary use of de-identified
information for research purposes or compilation of statistics for use
in workforce development, service improvement and quality and
safety improvements.
Note for subsection (3)
See IPP2 in the Information Act 2002.
19 Disclosures
An application for clearance must disclose each of the following that
applies to or in relation to the applicant:
(a) whether the applicant has been refused a clearance or has
been unsuccessful in other working with vulnerable persons
screening in Australia or internationally;
(b) any international criminal history;
(c) information about domestic violence orders or child protection
orders;
(d) any workplace misconduct findings;
(e) any other matter the applicant considers relevant to the
application.
20 Employer verification
(1) A screening check is required to be performed in relation to a
person who is engaged by, or to be engaged by, a registered NDIS
provider.
(2) However, a screening check may also be performed in relation to a
person who is:
(a) engaged by, or to be engaged by, an NDIS provider; or
(b) a self-employed person who engages in NDIS work.
Part 2 NDIS worker clearance
Division 3 Assessment of application
National Disability Insurance Scheme (Worker Clearance) Act 2020 12
(3) For an application for a screening check to be processed, a
registered NDIS provider or an NDIS provider must verify that the
applicant is, or will be, engaged in NDIS work.
(4) If an applicant's nominated registered NDIS provider or NDIS
provider does not, within the timeframe required by the Screening
Agency, verify that the applicant is engaged by, or to be engaged
by, the registered NDIS provider or NDIS provider in NDIS work,
the application is discontinued.
Division 3 Assessment of application
21 Eligibility to work while application assessed
(1) Subject to subsections (2) and (3), an applicant may engage in
NDIS work once the applicant has submitted an application for a
screening check.
(2) For an applicant to begin NDIS work while the applicant's
application is pending, the following conditions must have been
met:
(a) the application must be complete in accordance with the
requirements of this Act;
(b) the application must not have been discontinued or been
withdrawn;
(c) the applicant must not have previously been refused a
clearance under a screening check or had the applicant's
clearance cancelled;
(d) the applicant must not be the subject of an interim bar;
(e) the applicant's employer must have agreed the applicant can
work while the applicant's application is being assessed;
(f) the applicant's employer must have put in place risk
management strategies;
(g) the applicant's employer must have arranged for the applicant
to be supervised by another person who has a clearance.
Note for subsection (2)(d)
See section 31 in relation to an interim bar.
(3) An applicant must not begin NDIS work under subsection (1) if the
applicant's application for a screening check was made in a
jurisdiction that does not allow an applicant to engage in NDIS work
while the applicant's application is being determined.
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Division 3 Assessment of application
National Disability Insurance Scheme (Worker Clearance) Act 2020 13
22 Assessment of application
(1) The Screening Agency must assess an application for a screening
check received under section 17.
(2) In making an assessment for an application under subsection (1),
the Screening Agency must:
(a) conduct a criminal history information check in relation to the
applicant; and
(b) assess any disciplinary and misconduct information about the
applicant supplied by the NDIS Commission to the Screening
Agency, including:
(i) any adverse and substantiated findings of a formal
investigation; and
(ii) any adverse actions by the NDIS Commission; and
(c) assess the outcomes of previous screening checks in relation
to the applicant.
Example for subsection (2)(b)(i)
A reportable incident notification, complaint or breach of the NDIS Code of
Conduct.
Example for subsection (2)(b)(ii)
Banning orders.
(3) In making an assessment for an application under subsection (1),
the Screening Agency may take into account the following:
(a) additional information held by law enforcement agencies about
the circumstances of an offence or alleged offence if available;
(b) any other information relevant to determining an applicant's
eligibility for a clearance, including information obtained
through self-disclosure.
(4) Information mentioned in subsection (3)(b) includes, but is not
limited to, the following:
(a) international criminal history;
(b) domestic violence and child protection orders relating to the
applicant;
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Division 3 Assessment of application
National Disability Insurance Scheme (Worker Clearance) Act 2020 14
(c) information about any previous working with children checks,
working with vulnerable persons checks or other worker
screening processes the applicant has undergone;
(d) information from any reportable or notifiable conduct schemes,
such as from the Ombudsman or any professional complaints
bodies or associations;
(e) employer or other professional records or information about
the applicant, including professional references;
(f) courts and tribunals records.
23 Determination of application
(1) Unless an application is discontinued or is withdrawn, the
Screening Agency must decide:
(a) to grant clearance to an applicant; or
(b) to refuse clearance to an applicant; or
(c) to impose an interim bar on the applicant.
(2) The Screening Agency must refuse clearance to an applicant:
(a) if the applicant is a disqualified person; or
(b) if, after the assessment of the application under section 22,
the Screening Agency determines that the applicant poses an
unacceptable risk of harm to participants.
(3) The Screening Agency may refuse clearance if the Screening
Agency is not satisfied that the applicant is or will be engaged to do
NDIS work.
Note for subsections (2) and (3)
Division 5 applies if an applicant's clearance is refused.
(4) The Screening Agency must:
(a) notify an applicant, in writing, if the Screening Agency refuses
clearance to the applicant; and
(b) notify the NDIS Commission if a clearance is refused to an
applicant.
Part 2 NDIS worker clearance
Division 4 Clearance granted
National Disability Insurance Scheme (Worker Clearance) Act 2020 15
Division 4 Clearance granted
24 Clearance granted
(1) The Screening Agency may grant clearance to an applicant:
(a) who has not previously been refused clearance; and
(b) does not have a relevant criminal history or disciplinary or
misconduct record; and
(c) if no issues arise through self-disclosure or any relevant and
assessable records.
Note for subsection (1)
A clearance may also be granted after a risk assessment of the applicant under
section 37(1)(a)(i).
(2) A clearance, once granted, is portable across roles and employers
within the NDIS.
(3) The Screening Agency must:
(a) notify an applicant, in writing, if the Screening Agency grants
the applicant a clearance; and
(b) notify the NDIS Commission if a clearance is granted to an
applicant.
25 Duration of clearance
A clearance remains in force for 5 years from the date of the
clearance unless earlier surrendered, suspended or cancelled.
26 Cancellation of clearance
(1) The Screening Agency may, without proceeding to a risk
assessment, cancel a person's clearance if:
(a) the clearance was granted as a result of an invalid application;
or
(b) the clearance was granted by mistake and should not have
been granted; or
(c) the Screening Agency is no longer satisfied that the person is
or will be engaged to do NDIS work.
Part 2 NDIS worker clearance
Division 5 Clearance refused or cancelled
National Disability Insurance Scheme (Worker Clearance) Act 2020 16
(2) The Screening Agency must:
(a) notify a person, in writing, if the Screening Agency cancels the
person's clearance; and
(b) notify the NDIS Commission if a person's clearance is
cancelled.
Note for section 26
Division 5 applies if a person's clearance has been cancelled.
27 Ongoing monitoring
(1) A clearance holder is subject to ongoing monitoring by the
Screening Agency of the following:
(a) relevant criminal charges brought against the clearance
holder;
(b) NDIS Commission records;
(c) other information the Screening Agency considers relevant.
(2) The Screening Agency may, as a result of monitoring as mentioned
in subsection (1):
(a) suspend a person's clearance; or
(b) cancel a person's clearance.
(3) The Screening Agency must cancel a person's clearance if the
person is a disqualified person.
(4) The Screening Agency must notify the NDIS Commission if a
person's clearance is suspended or cancelled.
Notes for section 27
1 Division 5 applies if a person's clearance is cancelled.
2 Division 6 applies if a person's clearance is suspended.
Division 5 Clearance refused or cancelled
28 Application of Division
This Division applies if the Screening Agency, in relation to a
person:
(a) decides to refuse clearance to an applicant under
section 23(1)(b); or
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Division 5 Clearance refused or cancelled
National Disability Insurance Scheme (Worker Clearance) Act 2020 17
(b) decides to cancel the person's clearance under section 26(1);
or
(c) decides to cancel the person's clearance under
section 27(2)(b); or
(d) decides to refuse clearance to an applicant after conducting a
risk assessment under section 39(1)(a); or
(e) decides to cancel the person's clearance after conducting a
risk assessment under section 39(1)(b); or
(f) is advised that the person has had clearance refused or
cancelled under a corresponding law.
29 Excluded persons
(1) A person mentioned in section 28 is excluded from NDIS work.
(2) Excluded persons are prohibited from engaging in NDIS work and
delivering non-specified supports and services entailing more than
incidental contact with a participant, as a registered NDIS provider
or an NDIS provider or as a person employed by a registered NDIS
provider or an NDIS provider.
Note for subsection (2)
Excluded persons are also required under the NDIS Code of Conduct to disclose
the outcome of the person's screening check to any person or provider to whom
they are providing supports or services under the NDIS.
(3) An excluded person (except a person mentioned in
section 26(1)(c)) may not reapply for a screening check for a period
of 5 years after the date of the decision.
Note for subsection (3)
If the reason the person's clearance was refused or cancelled is because the
person is a disqualified person, the person will not be subject to the prohibition.
A disqualified person is permanently disqualified from reapplying for a clearance
under section 16(1)(a).
(4) The effect of the prohibition is that the person is prohibited for
5 years from the date of the refusal or cancellation from reapplying
for a screening check, unless:
(a) there has been a relevant change of circumstances in relation
to the reason for the prohibition; or
(b) there are other exceptional circumstances that the Screening
Agency considers would allow for reconsideration of the
prohibition.
Part 2 NDIS worker clearance
Division 6 Interim bar or suspension
National Disability Insurance Scheme (Worker Clearance) Act 2020 18
(5) In this section:
relevant change of circumstances means one or more of the
following:
(a) proceedings for an offence on which the refusal or
cancellation was based are withdrawn or dealt with without the
person being found guilty of the offence;
(b) a finding of guilt for an offence on which the refusal or
cancellation was based is quashed or set aside;
(c) if the refusal or cancellation was based on a risk
assessment – a finding that was the subject of the risk
assessment is quashed or set aside or otherwise expressly or
impliedly ceases to have effect;
(d) any other change of circumstances that the Screening Agency
considers should result in the person being permitted to make
an application.
Division 6 Interim bar or suspension
30 Application of Division
This Division applies if the Screening Agency:
(a) imposes an interim bar on an applicant under section 23(1)(c);
or
(b) suspends the clearance of a person under section 27(2)(a).
31 Interim bar
(1) An interim bar prevents an applicant from engaging in NDIS work
while the applicant's application is pending.
(2) The Screening Agency must impose an interim bar in relation to an
applicant:
(a) if the applicant is subject to a pending charge for a
disqualifying offence – until the charge is resolved or the
Screening Agency determines the application; or
(b) if the applicant is subject to a banning order by the NDIS
Commission – until the NDIS Commission varies or revokes
the banning order, or the Screening Agency determines the
application; or
Part 2 NDIS worker clearance
Division 6 Interim bar or suspension
National Disability Insurance Scheme (Worker Clearance) Act 2020 19
(c) if the Screening Agency is satisfied there is a reasonable
likelihood that a risk assessment of the applicant will
determine that the applicant poses an unacceptable risk of
harm to participants.
(3) An interim bar remains in place until the Screening Agency
determines the application relating to the applicant on whom the
interim bar is imposed.
(4) If the Screening Agency decides to impose an interim bar on an
applicant, the Screening Agency must give the applicant a decision
notice for that decision.
(5) The Screening Agency must:
(a) notify an applicant, in writing, when an interim bar relating to
the applicant ceases to be in effect; and
(b) notify the NDIS Commission if an interim bar is imposed on an
applicant, and also if an interim bar ceases to be in effect.
32 Suspension
(1) A suspension of a person's clearance prevents the person from
engaging in NDIS work until the Screening Agency decides whether
to lift the suspension or cancel the clearance.
(2) The Screening Agency must suspend a clearance in relation to a
person:
(a) if the person is subject to a pending charge for a disqualifying
offence – until the charge is resolved or the Screening Agency
completes a risk assessment; or
(b) if the person is subject to a banning order by the NDIS
Commission – until the NDIS Commission varies or revokes
the banning order, or the Screening Agency completes a risk
assessment; or
(c) if the Screening Agency is satisfied that there is a reasonable
likelihood that a risk assessment of the person will determine
that the person poses an unacceptable risk of harm to
participants.
(3) If the Screening Agency decides to suspend a person's clearance,
the Screening Agency must give the person a decision notice for
that decision.
Part 2 NDIS worker clearance
Division 7 Risk assessment
National Disability Insurance Scheme (Worker Clearance) Act 2020 20
(4) The Screening Agency must:
(a) notify a person, in writing, when a suspension of the person's
clearance is lifted; and
(b) notify the NDIS Commission if a person's clearance is
suspended, and also if the suspension is lifted.
33 Internal review of interim bar or suspension
(1) Subject to subsection (3), the following decisions are reviewable:
(a) a decision to impose an interim bar on an applicant;
(b) a decision to suspend a person's clearance.
(2) The applicant or the person may seek an internal review of the
decision if the interim bar or suspension has been imposed or in
place for 6 months or longer.
(3) A person whose clearance has been suspended is not entitled to
apply for a review if the person is a disqualified person, except on
the grounds that the person is a disqualified person only because of
mistaken identity.
Note for section 33
If a person is unsuccessful on an internal review, the person may seek review of
the decision by NTCAT – see section 43.
Division 7 Risk assessment
34 Requirement for risk assessment
The Screening Agency may conduct a risk assessment of a
person if:
(a) the person is an applicant on whom an interim bar has been
imposed under section 23(1)(c); or
(b) the person's clearance is suspended under section 27(2)(a).
35 Matters to be considered when determining whether there is
unacceptable risk of harm to participant
(1) In determining if a person poses an unacceptable risk of harm to a
participant, the Screening Agency does not need to be satisfied that
it is likely the person will cause harm to a participant in the future.
Part 2 NDIS worker clearance
Division 7 Risk assessment
National Disability Insurance Scheme (Worker Clearance) Act 2020 21
(2) In determining whether a person poses an unacceptable risk of
harm to a participant, the Screening Agency must consider the
following factors:
(a) the nature, gravity and circumstances of any offence
committed, or alleged to have been committed, or misconduct
by the person or other relevant information and how this is
relevant to disability-related work;
(b) the length of time that has passed since the event occurred;
(c) the vulnerability of the victim at the time of the event and the
person's relationship to the victim or position of authority over
the victim at the time of the event;
(d) the person's criminal, misconduct or disciplinary or other
relevant history, including whether there is a pattern of
concerning behaviour;
(e) the person's conduct since the event;
(f) all other relevant circumstances in respect of the person's
offending, misconduct and disciplinary or other relevant history
and the impact on the person's eligibility to be engaged in
NDIS work.
(3) To determine the relevant weight given to information in a risk
assessment, the Screening Agency must take into account the
context and characteristics of the information, including reliability,
how it was obtained and the nature, extent and outcome of
investigations.
(4) The rights of a person to work with a participant are not relevant in
determining whether or not a person poses an unacceptable risk of
harm.
(5) If a person has multiple criminal offences of varying severity, the
Screening Agency must consider disqualifying offences and
presumed disqualifying offences before considering other offences.
36 Staff to be appropriately skilled
(1) A risk assessment of a person must only be undertaken by
appropriately skilled staff.
(2) In this section:
appropriately skilled includes having appropriate qualifications,
experience or standing to make the assessment, as determined by
the Screening Agency.
Part 2 NDIS worker clearance
Division 7 Risk assessment
National Disability Insurance Scheme (Worker Clearance) Act 2020 22
37 Determination or intention of Screening Agency after risk
assessment
(1) At the completion of a risk assessment the Screening Agency may:
(a) for an applicant to whom an interim bar has been imposed:
(i) grant the clearance; or
(ii) if the risk assessment indicates that the applicant poses
an unacceptable risk of harm to a participant – indicate
an intention to refuse the clearance; or
(b) for a person subject to a suspension:
(i) lift the suspension; or
(ii) if the risk assessment indicates that the person poses an
unacceptable risk of harm to a participant – indicate an
intention to cancel the clearance.
(2) The Screening Agency must notify the person, in writing, of the
Screening Agency's determination or intention under subsection (1).
(3) The notice must give reasons for the intention to refuse or cancel
the clearance and advise the person of the process for requesting
an internal review of the proposed decision.
38 Internal review of intention
(1) Subject to subsection (3), an intention to refuse clearance to an
applicant or cancel a person's clearance is reviewable.
(2) The applicant or the person may seek an internal review of the
intention within the time specified in the notice given under
section 37(2).
(3) An applicant whose clearance has been refused or a person whose
clearance has been suspended is not entitled to apply for a review
if the applicant or the person is a disqualified person, except on the
grounds that the applicant or the person is a disqualified person
only because of mistaken identity.
Note for section 38
If a person is unsuccessful on an internal review, the person may seek review of
the decision by NTCAT – see section 43.
Part 2 NDIS worker clearance
Division 8 Miscellaneous matters
National Disability Insurance Scheme (Worker Clearance) Act 2020 23
39 Determination of Screening Agency after intention notified
(1) If no application for internal review is received within the specified
time in the notice given under section 37(2), the Screening Agency
must:
(a) if the Screening Agency is proceeding under
section 37(1)(a)(ii) – refuse the clearance; or
(b) if the Screening Agency is proceeding under
section 37(1)(b)(ii) – cancel the clearance.
(2) The Screening Agency must notify the person, in writing, of the
Screening Agency's decision under subsection (1).
(3) The Screening Agency must notify the NDIS Commission of:
(a) the outcome of an application for a screening check; or
(b) the cancellation of a person's clearance.
Note for section 39
Division 5 applies if an applicant is refused clearance or a person's clearance has
been cancelled.
Division 8 Miscellaneous matters
40 Withdrawing application
(1) An applicant may withdraw the applicant's application for a
screening check at any time before the Screening Agency has
determined the application, unless an interim bar has been imposed
on the applicant.
(2) An application cannot be withdrawn if:
(a) the Screening Agency refused clearance as a result of the
applicant's most recent previous application for a screening
check; or
(b) the clearance most recently held by the applicant was
cancelled, other than:
(i) at the request of the applicant; or
(ii) because the applicant was no longer doing NDIS work.
(3) A request to withdraw an application must be in the approved form.
(4) The Screening Agency must consent to the withdrawal.
Part 3 Review of decision
National Disability Insurance Scheme (Worker Clearance) Act 2020 24
(5) The Screening Agency must:
(a) notify an applicant, in writing, if the Screening Agency
consents to the withdrawal; and
(b) notify the NDIS Commission if an applicant's application is
withdrawn.
41 Surrender of clearance
(1) A clearance holder may, at any time, request cancellation of the
clearance by written notice to the Screening Agency.
(2) The Screening Agency must, as soon as practicable after receiving
the request, cancel the clearance.
(3) However, the Screening Agency must not accede to the request for
cancellation if:
(a) the clearance (including a clearance held under a
corresponding law) is suspended; or
(b) the Screening Agency is undertaking, or proposing to
undertake, a risk assessment of the clearance holder.
(4) The Screening Agency must:
(a) notify a person, in writing, if the Screening Agency cancels the
person's clearance; and
(b) notify the NDIS Commission if a person's clearance is
cancelled.
Part 3 Review of decision
42 Internal review
(1) A reviewable decision is a decision made by the Screening
Agency that is designated as reviewable by this Act.
Note for subsection (1)
The following decisions are designated as reviewable:
(a) a decision to impose an interim bar on an applicant or suspend a
person's clearance after 6 months has elapsed under section 33;
(b) an intention to refuse clearance to an applicant or cancel a person's
clearance under section 38.
Part 3 Review of decision
National Disability Insurance Scheme (Worker Clearance) Act 2020 25
(2) An affected person, for a reviewable decision, is the applicant or
the person whose clearance has been suspended or whose
clearance is intended to be cancelled.
(3) An affected person for a reviewable decision may apply to the CEO
for an internal review of the decision.
(4) The CEO may appoint a public sector employee (the internal
reviewer) to conduct an internal review of a reviewable decision.
(5) The CEO must be satisfied that the employee has the
qualifications, experience and personal qualities necessary to
review the reviewable decision.
(6) In reviewing the decision, the internal reviewer must:
(a) follow the procedures (if any) for review prescribed by
regulation; and
(b) comply with the rules of natural justice.
(7) An internal reviewer who reviews a decision may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(8) The decision of an internal reviewer in relation to the review of an
intention to refuse a clearance under section 37(1)(a)(ii) or an
intention to cancel a clearance under section 37(1)(b)(ii) takes
effect as a final decision for the application or clearance.
Note for subsection (8)
If a person is unsuccessful on an internal review, the person may seek review of
the decision by NTCAT – see section 43.
43 Review by NTCAT
(1) NTCAT has jurisdiction to review the following decisions (an
NTCAT reviewable decision):
(a) a decision of the internal reviewer under section 42 in relation
to an interim bar or suspension;
(b) a decision of the internal reviewer under section 42 in relation
to an intention to refuse clearance to an applicant or cancel a
person's clearance.
Part 3 Review of decision
National Disability Insurance Scheme (Worker Clearance) Act 2020 26
(2) A Tribunal affected person for the decision is the applicant or the
person whose clearance has been suspended or cancelled.
(3) A Tribunal affected person for an NTCAT reviewable decision may
apply to NTCAT for a review of the decision.
(4) The right to apply for review of the decision mentioned in
subsection (1) arises only:
(a) after the Tribunal affected person has requested an internal
review of the decision; and
(b) if the result of that review remained adverse to the Tribunal
affected person.
Note for section 43
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the
procedure for applying to NTCAT for review and other relevant matters in relation
to reviews.
44 Confidentiality of classified information
(1) In exercising its jurisdiction to review an NTCAT reviewable
decision under this Part, NTCAT must take steps to maintain the
confidentiality of classified information provided to it by the
Commissioner of Police.
(2) If NTCAT considers the classified information is criminal
intelligence, the steps taken under subsection (1) include steps to
receive evidence and hear argument about the information in
private in the absence of the parties to the proceedings, their
representatives and the public.
(3) If NTCAT considers classified information is not criminal
intelligence, NTCAT must allow the Commissioner of Police to
withdraw the classified information from consideration.
(4) This section applies to an appeal to the Supreme Court under
section 141 of the Northern Territory Civil and Administrative
Tribunal Act 2014 brought by a party in relation to a decision of
NTCAT made in the exercise of its review jurisdiction under this
Part.
(5) In this section:
classified information means information the Commissioner of
Police classifies as criminal intelligence under the Serious Crime
Control Act 2009.
Part 4 Collection, use, storage and disclosure of information
National Disability Insurance Scheme (Worker Clearance) Act 2020 27
Part 4 Collection, use, storage and disclosure of
information
45 Authorised purpose
(1) An authorised purpose is any purpose connected with assessing
a person's suitability to work with participants in accordance with
this Act or any other law, including the following:
(a) verifying the person's identity;
(b) determining whether the person poses an unacceptable risk of
harm to a participant;
(c) determining whether a risk assessment is required in relation
to the person;
(d) ongoing monitoring of a clearance holder;
(e) conducting a review of a decision made under this Act;
(f) for research or statistical purposes;
(g) for any other purpose prescribed by regulation.
(2) In addition to the matters specified in subsection (1), the following
are also authorised purposes:
(a) providing the information to an organisation or body
performing screening checks in a State or another Territory;
(b) sharing relevant information for entry in a database for
clearances for the NDIS;
(c) sharing information with an authorised person on request, or
when the Screening Agency considers it appropriate.
46 Information only to be used for authorised purpose
Information obtained under this Act must only be used by the
Screening Agency for an authorised purpose.
47 Sharing and disclosing information
(1) The Screening Agency must ensure that information made
available to other persons, bodies or organisations is:
(a) appropriate and relevant for the purposes of conducting a
screening check; and
(b) made available only to authorised persons; and
Part 4 Collection, use, storage and disclosure of information
National Disability Insurance Scheme (Worker Clearance) Act 2020 28
(c) collected through lawful and fair means; and
(d) accurate, up-to-date, complete and not misleading; and
(e) made available in a timely manner.
(2) The Screening Agency must:
(a) take the steps that are reasonable in the circumstances to
protect personal information from misuse, interference, loss,
unauthorised access, modification and disclosure; and
(b) put in place formal information sharing processes and
mechanisms that are reliable, robust and transparent.
48 Screening Agency may disclose
(1) The Screening Agency is authorised to:
(a) inform any authorised persons of the outcome of an
applicant's screening check; and
(b) inform any authorised persons if an interim bar has been
imposed on an applicant or a person has had the person's
clearance suspended or cancelled.
(2) The Screening Agency is also authorised to provide to an
authorised person relevant information about an applicant or a
clearance holder:
(a) for the purpose of:
(i) verifying the identity of the applicant or clearance holder
or verifying the applicant's or clearance holder's
clearance status; or
(ii) conducting a risk assessment in relation to the applicant
or clearance holder; or
(b) for any other reason prescribed by regulation.
(3) The Screening Agency may also provide to an authorised person
information about relevant offences that has been obtained for the
purposes of assessing a person's suitability to work with a
participant.
Part 4 Collection, use, storage and disclosure of information
National Disability Insurance Scheme (Worker Clearance) Act 2020 29
49 Authorised person may disclose
An authorised person may disclose to any other authorised person
any information obtained in accordance with this Act if:
(a) there are reasonable grounds to suspect that there is a risk of
significant harm to a person with disability, a child or
vulnerable person; and
(b) the disclosure is necessary to prevent that harm.
50 Power to require relevant information from other persons
(1) The Screening Agency may, by written notice, require a person to
provide information that is relevant to assessing the risk of harm
posed by an applicant or a clearance holder.
(2) The person to whom the notice is given is authorised to provide the
information.
51 Criminal history information to be exchanged
(1) The Screening Agency may, on request, provide criminal history
information relating to a person to the NDIS Commission or
screening authority of a State or another Territory, and may request
criminal history information relating to an applicant or a clearance
holder from any of the following:
(a) a law enforcement agency of the Territory;
(b) the screening authority of a State or another Territory;
(c) the NDIS Commission;
(d) the Australian Criminal Intelligence Commission;
(e) a law enforcement agency of the Commonwealth or a State or
another Territory.
(2) Criminal history information includes the following in relation to a
person:
(a) the person's criminal history;
(b) spent convictions;
(c) pending charges;
(d) non-conviction charges;
Part 5 Offences
National Disability Insurance Scheme (Worker Clearance) Act 2020 30
(e) if available, information held by law enforcement agencies
about the circumstances of an offence or alleged offence,
such as the following:
(i) when the offence was committed, or alleged to have
been committed;
(ii) the age of the offender or alleged offender;
(iii) the age of the victim;
(iv) whether the offence or alleged offence involved or was
intended to involve a vulnerable person, including a
person with disability;
(v) the relationship, if any, between the offender or alleged
offender and any vulnerable person or person with
disability involved in the offence;
(vi) the circumstances and nature of the behaviours
constituting or involved with the offence or alleged
offence;
(vii) other factors relevant to a decision about whether a
person poses a risk of harm to people with disability.
52 Information sharing – miscellaneous
Notice of any decision under this Act must not disclose the
existence or content of any criminal intelligence disclosed to the
Screening Agency.
Part 5 Offences
53 Unauthorised collection or use of information
(1) A person commits an offence if the person:
(a) intentionally collects or uses information under this Act; and
(b) the collection or use is not authorised by this Act or another
law in force in the Territory.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(b).
Part 5 Offences
National Disability Insurance Scheme (Worker Clearance) Act 2020 31
54 Offence to disclose certain information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing a
function connected with the administration of this Act or
exercising a power under this Act; and
(b) the information is confidential and the person is reckless in
relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the
disclosure is not:
(i) for a purpose connected with the administration of this
Act, including a legal proceeding arising out of the
operation of this Act; or
(ii) to a person who is otherwise entitled to the
information; and
(e) the person is reckless in relation to the result and
circumstance referred to in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
(3) If the information referred to in subsection (1) relates to a person, it
is a defence to a charge for an offence against that subsection if the
person has consented to the disclosure of the information.
Note for subsection (3)
In addition to the circumstances mentioned in this section, a person who
discloses information mentioned in this section will not be criminally responsible
for an offence if the disclosure is justified or excused by or under a law (see
section 43BE of the Criminal Code).
55 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the other person is an authorised person; and
Part 5 Offences
National Disability Insurance Scheme (Worker Clearance) Act 2020 32
(c) the information is misleading and the person has knowledge of
that circumstance; and
(d) the authorised person is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the other person is an authorised person; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the authorised person is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) It is a defence to a prosecution for an offence against
subsection (2) if the person, when giving the document:
(a) draws the misleading aspect of the document to the
authorised person's attention; and
(b) to the extent to which the person can reasonably do so – gives
the authorised person the information necessary to remedy
the misleading aspect of the document.
(5) In this section:
acting in an official capacity, in relation to an authorised person,
means the person is exercising powers or performing functions
under, or otherwise related to the administration of, this Act.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
Part 6 Administrative matters
National Disability Insurance Scheme (Worker Clearance) Act 2020 33
56 Fail to comply with request for information
(1) A person who is given a notice under section 50 must comply with
the notice.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Part 6 Administrative matters
57 Approved forms
The CEO may approve forms for this Act.
58 Fees
(1) The regulations may prescribe fees payable under this Act.
(2) The Screening Agency may do any of the following if the Screening
Agency considers it appropriate:
(a) exempt payment of a fee;
(b) waive (wholly or partly) a fee;
(c) refund (wholly or partly) a fee.
59 Evidentiary certificates
(1) The Screening Agency may issue a certificate that states that, on a
specified date or during a specified period:
(a) a specified person was or was not the holder of a clearance;
or
(b) a specified person had or had not made an application for a
clearance; or
(c) a clearance held by a specified person was or was not
suspended; or
(d) a specified person was or was not subject to an interim bar; or
(e) a clearance held by a specified person was cancelled.
(2) A certificate under this section is admissible in legal proceedings as
evidence of the matters stated in the certificate.
Part 6 Administrative matters
National Disability Insurance Scheme (Worker Clearance) Act 2020 34
60 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function under this Act.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
61 Failure to give notice of decision
Failure to give notice of a decision under this Act does not affect the
validity of the decision.
62 Regulations
The Administrator may make regulations under this Act.
Note for section 62
See section 65 of the Interpretation Act 1978.
ENDNOTES
National Disability Insurance Scheme (Worker Clearance) Act 2020 35
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
National Disability Insurance Scheme (Worker Clearance) Act 2020 (Act No. 7, 2020)
Assent date 9 March 2020
Commenced 1 July 2020 (Gaz G17, 29 April 2020, p 2)
National Disability Insurance Scheme (Worker Clearance) Amendment Act 2021 (Act
No. 16, 2021)
Assent date 25 May 2021
Commenced 26 May 2021 (s 2)
3 LIST OF AMENDMENTS
s 7 amd No. 16, 2021, s 4
s 13 amd No. 16, 2021, s 5
pt 7 hdg exp No. 7, 2020, s 65
ss 63 – 65 exp No. 7, 2020, s 65