103VCAT review of NDIS category C decisions

103 VCAT review of NDIS category C decisions

(1) On a review of an NDIS category C decision, VCAT must determine that it is appropriate to refuse to give the applicant an NDIS clearance unless satisfied that the applicant does not pose an unacceptable risk of harm to persons with a disability, having regard to the following*—*

(a) the nature, gravity and circumstances of the conduct;

(b) the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;

(c) the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(d) the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(e) whether the applicant had a position of authority in relation to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;

(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history;

(i) any other matter that VCAT considers relevant.

(2) Even if VCAT does not determine that it is appropriate to refuse the applicant an NDIS clearance under subsection (1), VCAT must not determine that it is appropriate to give the person an NDIS clearance unless satisfied that it would be in the public interest to do so.

S. 104 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.164).

S. 104 amended by No. 58/2025 s. 125(Sch. 2 item 1.165).