46Determination of NDIS category C re‑assessment

46 Determination of NDIS category C re‑assessment

The Regulator must not revoke an NDIS clearance on an NDIS category C re‑assessment unless satisfied that the person poses an unacceptable risk of harm to persons with a disability, having regard to the following—

(a) the nature, gravity and circumstances of the conduct*;*

(b) the period of time that has passed since the person engaged, or allegedly engaged, in the conduct;

(c) the vulnerability of the victim at the time the person engaged, or allegedly engaged, in the conduct;

(d) the person's relationship to the victim at the time the person engaged, or allegedly engaged, in the conduct;

(e) whether the person had a position of authority in relation to the victim at the time the person engaged, or allegedly engaged, in the conduct;

(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

(g) the person's behaviour since the person engaged, or allegedly engaged, in the conduct;

(h) all other relevant circumstances in respect of the person's offending, misconduct or other relevant history.

Division 4—Intention to revoke NDIS clearance