10Changes in circumstances of affected person

10 Changes in circumstances of affected person

(1)  In this clause –

affected person means a person who –

(a) has been provided with a negative notice, or whose registration has been cancelled, under the Act in relation to the category of registration that is child and vulnerable adult-related (NDIS endorsed) activity; or

(b) has had registration, in a category of registration that is substantially similar to the category that is child and vulnerable adult-related (NDIS endorsed) activity, refused or cancelled under a corresponding law.

relevant date, in respect of an affected person, means the date on which –

(a) the negative notice was provided in respect of the affected person; or

(b) the registration of the affected person was cancelled.

(2)  For the purposes of section 19(3)(b) of the Act, the matters that may constitute significant and exceptional change in the circumstances of an affected person include but are not limited to the following matters:

(a) that the affected person was not found guilty in respect of proceedings, or those proceedings were withdrawn, and those proceedings –

(i) were pending at the relevant date; and

(ii) were taken into account when making the negative notice or cancelling the registration;

(b) that since the relevant date –

(i) the affected person has had a finding of guilt quashed or set aside; and

(ii) that finding of guilt had been taken into account when making the negative notice or cancelling the registration;

(c) that a finding in relation to any other matter that had been taken into account when making the negative notice, or cancellation of the registration, in respect of the affected person has been quashed or set aside or has otherwise expressly or impliedly ceased to have effect, since the relevant date.