Worker Screening Act 2020
29Regulator to notify applicant for NDIS check of intention to exclude
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29 Regulator to notify applicant for NDIS check of intention to exclude
S. 29(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).
(1) If the Regulator is required to refuse or proposes to refuse to give an NDIS clearance under section 24, 26 or 28, the Regulator must before finally deciding the application—
(a) give a written notice to the applicant that—
(i) informs the applicant of the proposal or requirement; and
S. 29(1)(a)(ii) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).
(ii) states the information about the applicant of which the Regulator is aware; and
S. 29(1)(a)(iii) amended by No. 58/2025 s. 125(Sch. 2 item 1.37).
(iii) invites the applicant to make a submission to the Regulator in writing or in another form approved by the Regulator within the timeframe specified in the notice; and
(b) give an interim NDIS exclusion to the applicant.
An applicant who is given an interim NDIS exclusion on an application for a new NDIS check is not permitted to engage in work in a risk assessed role while that application is being determined—see sections 118 and 119.
(a) in the case of an NDIS category A application, 14 days; or
(b) in the case of an NDIS category B application or an NDIS category C application, 28 days.
S. 29(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.38).
(3) The Regulator may extend the period specified in a notice for an NDIS category A application if the applicant satisfies the Regulator that it is appropriate to allow the applicant further time to make a submission.
S. 29(4) amended by No. 58/2025 s. 125(Sch. 2 item 1.38).
(4) Before finally deciding the application the Regulator must consider any submission made by the applicant in response to a notice under subsection (1) within the specified period, unless the applicant notifies the Regulator that the applicant does not want to make a submission.
(5) Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—
S. 30 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.39).
S. 30 amended by No. 58/2025 s. 125(Sch. 2 item 1.40).