25NDIS category B applications

25 NDIS category B applications

(1) An application for an NDIS check is an NDIS category B application if it is in respect of a person—

(a) who is charged with an NDIS category A offence, if the conduct alleged to constitute that offence occurred when the person was an adult; or

(b) who is charged with or has at any time been convicted or found guilty of an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was an adult.

(2) An application for an NDIS check is an NDIS category B application if it is in respect of a person who has at any time been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 if—

(a) the conduct constituting that offence occurred when the person was an adult; and

(b) the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and

(c) the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and

(d) the commission of the offence did not involve violence or coercion.

(3) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

S. 26 amended by No. 58/2025 s. 125(Sch. 2 item 1.33).