39Suspension powers on re‑assessment of NDIS clearance

39 Suspension powers on re‑assessment of NDIS clearance

S. 39(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.49).

(1) Subject to subsection (2), the Regulator must suspend a person's NDIS clearance in accordance with this section pending the carrying out and completion of a re‑assessment if the Regulator becomes aware that—

S. 39(1)(a) amended by No. 28/2025 s. 46.

(a) the person has become subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(c) the person has been charged with or been convicted or found guilty of an NDIS category A offence or an NDIS category B offence, where the conduct constituting or alleged to constitute the offence occurred when the person was an adult; or

(d) a banning order has been made in respect of the person.

S. 39(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).

(2) The Regulator is not required to suspend a person's NDIS clearance pending the carrying out and completion of a re‑assessment of that person's eligibility to hold an NDIS clearance if—

S. 39(2)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).

(a) the person is being re‑assessed because the Regulator was notified of a charge for an offence being finally dealt with; and

S. 39(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.50).

(b) a re‑assessment was carried out on the Regulator being notified of the filing of the charge-sheet containing the charge.

S. 39(3) amended by No. 58/2025 s. 125(Sch. 2 item 1.51).

(3) If the person is being re‑assessed because the Regulator was notified that the person has been charged with an NDIS category A offence or an NDIS category B offence, the Regulator may reinstate that person's NDIS clearance if, after the suspension of the clearance—

(4) If a person's NDIS clearance is suspended under this section, the person is taken to not hold an NDIS clearance for the period of the suspension.

S. 39(5) amended by No. 58/2025 s. 125(Sch. 2 item 1.52).

(5) The Regulator must notify a person whose NDIS clearance is suspended under this section as soon as possible.

Division 2—Consideration of re‑assessment