34Holder of NDIS clearance or applicant for NDIS check must notify Regulator of relevant change in circumstances

34 Holder of NDIS clearance or applicant for NDIS check must notify Regulator of relevant change in circumstances

S. 34(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.44).

(1) If a relevant change in circumstances occurs with respect to a person who holds an NDIS clearance or who has applied for an NDIS check and the application is still pending, that person must notify the Regulator in writing of the change within 7 days after becoming aware of the change.

(2) For the purposes of subsection (1), each of the following is a relevant change in circumstances—

(a) the person being charged with an NDIS category A offence or an NDIS category B offence;

(b) the person being convicted or found guilty of an NDIS category A offence or an NDIS category B offence or the charge otherwise being finally dealt with;

S. 34(2)(c) amended by No. 28/2025 s. 44.

(c) the person becoming subject to reporting obligations imposed on the person by the Sex Offenders Registration Act 2004;

(d) the person becoming subject to a supervision order, a detention order or an emergency detention order;

(e) a relevant disciplinary or regulatory finding being made in relation to the person;

(f) the person being given a WWC exclusion.

S. 34(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).

(3) It is a defence to a charge for an offence against subsection (1) constituted by not notifying the Regulator of how a charge for an offence was finally dealt with if—

S. 34(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).

(a) the accused notified the Regulator of the filing of the charge-sheet containing the charge in accordance with subsection (1); and

S. 34(3)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.45).

(b) the Regulator re‑assessed under Part 2.4 the accused's eligibility to hold an NDIS clearance; and

(c) the accused's NDIS clearance was not revoked following the re‑assessment; and

(d) the charge was finally dealt with in any of the ways set out in section 6 other than by the accused being found guilty by a court.

Part 2.3—Further applications for NDIS checks