28Determination of NDIS category C application

28 Determination of NDIS category C application

The Regulator must give an NDIS clearance on an NDIS category C application if the Regulator is 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.