37Restriction on right to make further application for an NDIS check—person given an NDIS exclusion

37 Restriction on right to make further application for an NDIS check—person given an NDIS exclusion

(1) A person who has been given an NDIS exclusion is not entitled to make a further application under section 15 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.

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

(a) a charge that was pending at the date of the NDIS exclusion being finally dealt with without the person being found guilty of the offence; or

(b) a finding of guilt being quashed or set aside by a court after the date on which the NDIS exclusion was given; or

S. 37(2)(c) amended by No. 28/2025 s. 45.

(c) the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(d) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

(e) a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the NDIS exclusion was given; or

(f) the person's WWC exclusion being deemed void under section 77 or being set aside, rendered inoperative or otherwise invalidated.

(3) If a person who has been given an NDIS exclusion is subsequently given an NDIS clearance under a further application made under section 15(1), the NDIS exclusion is deemed to be void and of no effect from the date the NDIS clearance is given.

Part 2.4—Re‑assessment of eligibility to hold NDIS clearance

Division 1—Re‑assessment of eligibility to hold NDIS clearance

38 Re‑assessment of eligibility to hold NDIS clearance

S. 38(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.48).

(1) The Regulator must re‑assess a person's eligibility to hold an NDIS clearance if—

(a) notified by the person of a relevant change in circumstances under section 34; or

S. 38(1)(b) amended by No. 58/2025 s. 75.

(b) the Regulator makes or is notified of a relevant disciplinary or regulatory finding being made against the person; or

(c) notified by the Chief Commissioner of Police under section 131 of a charge or of how a charge has been finally dealt with; or

(d) notified by a law enforcement agency of a charge or how a charge has been finally dealt with; or

(e) notified by an NDIS worker screening unit of a charge or how a charge has been finally dealt with in another State or a Territory; or