119Exception—engaging in risk assessed role on application or re‑application

119 Exception—engaging in risk assessed role on application or re‑application

(1) A person who does not hold an NDIS clearance or an interstate NDIS clearance may engage in work in a risk assessed role if—

(a) the person has applied in accordance with section 35 for a new NDIS check to be carried out and—

(i) the application has not been finally decided or withdrawn; and

(ii) the person has not been given an interim NDIS exclusion under section 29(1)(b); and

(b) the person—

(i) has not at any time been given an NDIS exclusion or an interstate NDIS exclusion or, having been given an NDIS exclusion or an interstate NDIS exclusion, has subsequently been given an NDIS clearance or an interstate NDIS clearance; and

(ii) is not subject to a relevant obligation or order; and

(iii) is not charged with or has not been convicted or found guilty of an NDIS category A offence or an NDIS category B offence committed or alleged to have been committed when the person was an adult.

(2) A person who does not hold an NDIS clearance or an interstate NDIS clearance may engage in work in a risk assessed role if the person—

(a) has applied for an interstate NDIS clearance under a corresponding NDIS worker screening law and the application has not been finally decided or withdrawn; and

(b) is permitted under that corresponding NDIS worker screening law to engage in a risk assessed role pending determination of that application.

(3) In this section and section 120—

S. 119(3) def. of relevant obligation or order amended by No. 28/2025 s. 52.

relevant obligation or order means—

(a) reporting obligations imposed on a person under the Sex Offenders Registration Act 2004; or

(b) a supervision order, a detention order or an emergency detention order.