Worker Screening Act 2020
18Consideration of application for NDIS check
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18 Consideration of application for NDIS check
S. 18(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.21).
(1) The Regulator must—
(a) arrange for a police record check to be conducted on an applicant for an NDIS check; and
(b) arrange for a check of the NDIS worker screening database to be conducted in relation to the applicant.
S. 18(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).
(2) In considering an application for an NDIS check, the Regulator may—
S. 18(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).
(a) have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and
S. 18(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).
(b) make any other enquiries to, or seek information on the application from, any person or source that the Regulator thinks fit, including but not limited to—
(i) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and
(ii) any authorised entity; and
(iii) the Disability Worker Registration Board; and
(iv) the Victorian Disability Worker Commission; and
(v) the Victorian Disability Worker Commissioner.
S. 18(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(a)).
(3) The Regulator may require the applicant to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.
S. 18(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(b)).
(4) Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—
(a) a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and
S. 18(4)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.22(b)).
(b) notice of the result of that check has been provided to the Regulator in accordance with the regulations.
S. 19 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.23).