40Consideration of re‑assessment—NDIS clearance

40 Consideration of re‑assessment—NDIS clearance

S. 40(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(1) On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Regulator—

S. 40(1)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(a) may have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

S. 40(1)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(b) may make any other enquiries to, or seek information on the re‑assessment from, any person or source that the Regulator thinks fit, including but not limited to—

(i) the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

(ii) the Disability Worker Registration Board; and

(iii) the Victorian Disability Worker Commission; and

(iv) the Victorian Disability Worker Commissioner; and

(v) any authorised entity; and

S. 40(1)(c) amended by No. 58/2025 s. 125(Sch. 2 item 1.53).

(c) may require the person to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.

S. 40(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.54).

(2) On a re‑assessment of a person's eligibility to hold an NDIS clearance, the Regulator—

(a) is not required to consider any matter other than the matter that has given rise to the re‑assessment; and

S. 40(2)(b) amended by No. 58/2025 s. 125(Sch. 2 item 1.54).

(b) may have regard to any offence or conduct that was considered by the Regulator in relation to the granting of the NDIS clearance.

Division 3—Determination of re‑assessments