128False or misleading information

128 False or misleading information

(1) A person must not give information that is false or misleading in a material particular—

(a) in, or in relation to, an application for the carrying out of an NDIS check; or

(b) in connection with a re‑assessment of eligibility to hold an NDIS clearance; or

(c) in connection with an internal review under Part 4.1.

(2) A person must not in, or in relation to, an application for the carrying out of a WWC check or in connection with a re‑assessment of eligibility to hold that clearance give information that is false or misleading in a material particular.

(3) A person does not commit an offence against subsection (1) or (2) if, at the time at which the offence is alleged to have been committed, the person believed on reasonable grounds—

(a) in the case of false information—that the information was true; or

(b) in the case of misleading information—that the information was not misleading.

S. 128(4) inserted by No. 33/2025 s. 15.

(4) A proceeding for an offence against subsection (1) or (2) may be commenced not later than 5 years and 6 months after the date on which the offence is alleged to have been committed.

S. 129 (Heading) amended by No. 33/2025 s. 16(1).

129 Sex offenders, serious offenders and persons excluded from child‑related work under corresponding working with children law must not apply for clearance

A person who is any of the following must not apply for a screening check under this Act—

(a) a registrable offender within the meaning of section 3 of the Sex Offenders Registration Act 2004;

S. 129(b) amended by No. 33/2025 s. 16(2).

(b) a person who is subject to a supervision order, a detention order or an emergency detention order;

S. 129(c) inserted by No. 33/2025 s. 16(3).

(c) in the case of an application for a WWC check, a person who is excluded from child‑related work under a corresponding working with children law.

Penalty: 240 penalty units or imprisonment for 2 years.