45NDIS category C re‑assessments

45 NDIS category C re‑assessments

S. 45(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).

(1) A re‑assessment is an NDIS category C re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold an NDIS clearance because the Regulator is notified that—

(a) the person has been charged with, convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or

(b) the person has been charged with, convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or

(c) the person has been charged with an NDIS category A offence or an NDIS category B offence and the charge has been finally dealt with other than by way of conviction or a finding of guilt; or

(d) the person has been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or

(e) the person has become subject to a relevant disciplinary or regulatory finding; or

(f) the person has become subject to any relevant civil penalty imposed under the NDIS Act.

S. 45(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).

(2) A re‑assessment is an NDIS category C re‑assessment if the Regulator is required to re‑assess the person's eligibility to hold an NDIS clearance because the Regulator becomes aware that the person has been given a WWC exclusion on a WWC category C application or a WWC category C re‑assessment.

(3) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.

S. 46 amended by No. 58/2025 s. 125(Sch. 2 item 1.60).