National Disability Insurance Scheme (Worker Clearance) Act 2020

(a) the person has had a clearance refused or cancelled under this Act or a corresponding law because the person is a disqualified person; or

(b) the person has made an application for a screening check under this Act or a corresponding law and that application is pending (whether or not the application is subject to an interim bar); or

(c) the person currently holds a clearance under this Act or a corresponding law, unless the application is made no more than 3 months before the expiry of the current clearance; or

(d) the person is subject to a prohibition for 5 years from applying for a screening check following refusal or cancellation of a clearance.

Note for subsection (1)(d)

Division 5 applies in relation to a prohibition.

(2) An application made in contravention of subsection (1) is not a valid application and must be rejected.

Division 2 Requirements for application

17 Application for screening check

(1) An application for a screening check must be made to the Screening Agency in the approved form.

(3) The Screening Agency may, by written notice, request from an applicant further information relevant to the determination of the application.

(4) If the applicant fails to provide information requested under subsection (3) within the time prescribed by regulation, the application is taken to be discontinued.

18 Applicant to give consent

(a) to the Screening Agency seeking information from law enforcement agencies, the NDIS Commission and other prescribed organisations; and

(b) for those bodies to provide information relevant to the determination of the application to the Screening Agency.

(a) the result of the screening check in relation to the applicant being disclosed to the applicant's current and prospective employers, the NDIS Commission and screening authorities of other States or another Territory; and

(b) relevant information (including the result of the screening check in relation to the applicant) being entered in a database for clearances for the NDIS; and

(c) if a clearance is granted – ongoing monitoring for the duration of the clearance of the applicant's eligibility to maintain the clearance; and

(d) the sharing of information relating to the applicant between law enforcement agencies and the NDIS Commission for screening processes for working with vulnerable people.

(3) The applicant may consent to a secondary use of de‑identified information for research purposes or compilation of statistics for use in workforce development, service improvement and quality and safety improvements.

Note for subsection (3)

See IPP2 in the Information Act 2002.

19 Disclosures

An application for clearance must disclose each of the following that applies to or in relation to the applicant:

(a) whether the applicant has been refused a clearance or has been unsuccessful in other working with vulnerable persons screening in Australia or internationally;

(c) information about domestic violence orders or child protection orders;

(e) any other matter the applicant considers relevant to the application.

20 Employer verification

(1) A screening check is required to be performed in relation to a person who is engaged by, or to be engaged by, a registered NDIS provider.

(2) However, a screening check may also be performed in relation to a person who is:

(3) For an application for a screening check to be processed, a registered NDIS provider or an NDIS provider must verify that the applicant is, or will be, engaged in NDIS work.

(4) If an applicant's nominated registered NDIS provider or NDIS provider does not, within the timeframe required by the Screening Agency, verify that the applicant is engaged by, or to be engaged by, the registered NDIS provider or NDIS provider in NDIS work, the application is discontinued.

Division 3 Assessment of application

21 Eligibility to work while application assessed

(1) Subject to subsections (2) and (3), an applicant may engage in NDIS work once the applicant has submitted an application for a screening check.

(2) For an applicant to begin NDIS work while the applicant's application is pending, the following conditions must have been met:

(a) the application must be complete in accordance with the requirements of this Act;

(b) the application must not have been discontinued or been withdrawn;

(c) the applicant must not have previously been refused a clearance under a screening check or had the applicant's clearance cancelled;

(e) the applicant's employer must have agreed the applicant can work while the applicant's application is being assessed;

(f) the applicant's employer must have put in place risk management strategies;

(g) the applicant's employer must have arranged for the applicant to be supervised by another person who has a clearance.

Note for subsection (2)(d)

See section 31 in relation to an interim bar.

(3) An applicant must not begin NDIS work under subsection (1) if the applicant's application for a screening check was made in a jurisdiction that does not allow an applicant to engage in NDIS work while the applicant's application is being determined.

22 Assessment of application

(1) The Screening Agency must assess an application for a screening check received under section 17.

(2) In making an assessment for an application under subsection (1), the Screening Agency must:

(a) conduct a criminal history information check in relation to the applicant; and

(b) assess any disciplinary and misconduct information about the applicant supplied by the NDIS Commission to the Screening Agency, including:

(i) any adverse and substantiated findings of a formal investigation; and

(c) assess the outcomes of previous screening checks in relation to the applicant.

Example for subsection (2)(b)(i)

A reportable incident notification, complaint or breach of the NDIS Code of Conduct.

Example for subsection (2)(b)(ii)

Banning orders.

(3) In making an assessment for an application under subsection (1), the Screening Agency may take into account the following:

(a) additional information held by law enforcement agencies about the circumstances of an offence or alleged offence if available;

(b) any other information relevant to determining an applicant's eligibility for a clearance, including information obtained through self-disclosure.

(4) Information mentioned in subsection (3)(b) includes, but is not limited to, the following:

(b) domestic violence and child protection orders relating to the applicant;

(c) information about any previous working with children checks, working with vulnerable persons checks or other worker screening processes the applicant has undergone;

(d) information from any reportable or notifiable conduct schemes, such as from the Ombudsman or any professional complaints bodies or associations;

(e) employer or other professional records or information about the applicant, including professional references;

23 Determination of application

(1) Unless an application is discontinued or is withdrawn, the Screening Agency must decide:

(b) if, after the assessment of the application under section 22, the Screening Agency determines that the applicant poses an unacceptable risk of harm to participants.

(3) The Screening Agency may refuse clearance if the Screening Agency is not satisfied that the applicant is or will be engaged to do NDIS work.

Note for subsections (2) and (3)

Division 5 applies if an applicant's clearance is refused.

(a) notify an applicant, in writing, if the Screening Agency refuses clearance to the applicant; and

(b) notify the NDIS Commission if a clearance is refused to an applicant.

Division 4 Clearance granted

24 Clearance granted

(b) does not have a relevant criminal history or disciplinary or misconduct record; and

(c) if no issues arise through self-disclosure or any relevant and assessable records.

Note for subsection (1)

A clearance may also be granted after a risk assessment of the applicant under section 37(1)(a)(i).

(2) A clearance, once granted, is portable across roles and employers within the NDIS.

(a) notify an applicant, in writing, if the Screening Agency grants the applicant a clearance; and

(b) notify the NDIS Commission if a clearance is granted to an applicant.

25 Duration of clearance

A clearance remains in force for 5 years from the date of the clearance unless earlier surrendered, suspended or cancelled.

26 Cancellation of clearance

(1) The Screening Agency may, without proceeding to a risk assessment, cancel a person's clearance if:

(a) the clearance was granted as a result of an invalid application; or

(b) the clearance was granted by mistake and should not have been granted; or

(c) the Screening Agency is no longer satisfied that the person is or will be engaged to do NDIS work.

(a) notify a person, in writing, if the Screening Agency cancels the person's clearance; and

Note for section 26

Division 5 applies if a person's clearance has been cancelled.

27 Ongoing monitoring

(1) A clearance holder is subject to ongoing monitoring by the Screening Agency of the following:

(2) The Screening Agency may, as a result of monitoring as mentioned in subsection (1):

(3) The Screening Agency must cancel a person's clearance if the person is a disqualified person.

(4) The Screening Agency must notify the NDIS Commission if a person's clearance is suspended or cancelled.

Notes for section 27

1 Division 5 applies if a person's clearance is cancelled.

2 Division 6 applies if a person's clearance is suspended.

Division 5 Clearance refused or cancelled

28 Application of Division

This Division applies if the Screening Agency, in relation to a person:

(a) decides to refuse clearance to an applicant under section 23(1)(b); or

(c) decides to cancel the person's clearance under section 27(2)(b); or

(d) decides to refuse clearance to an applicant after conducting a risk assessment under section 39(1)(a); or

(e) decides to cancel the person's clearance after conducting a risk assessment under section 39(1)(b); or

(f) is advised that the person has had clearance refused or cancelled under a corresponding law.

29 Excluded persons

(1) A person mentioned in section 28 is excluded from NDIS work.

(2) Excluded persons are prohibited from engaging in NDIS work and delivering non-specified supports and services entailing more than incidental contact with a participant, as a registered NDIS provider or an NDIS provider or as a person employed by a registered NDIS provider or an NDIS provider.

Note for subsection (2)

Excluded persons are also required under the NDIS Code of Conduct to disclose the outcome of the person's screening check to any person or provider to whom they are providing supports or services under the NDIS.

(3) An excluded person (except a person mentioned in section 26(1)(c)) may not reapply for a screening check for a period of 5 years after the date of the decision.

Note for subsection (3)

If the reason the person's clearance was refused or cancelled is because the person is a disqualified person, the person will not be subject to the prohibition. A disqualified person is permanently disqualified from reapplying for a clearance under section 16(1)(a).

(4) The effect of the prohibition is that the person is prohibited for 5 years from the date of the refusal or cancellation from reapplying for a screening check, unless:

(a) there has been a relevant change of circumstances in relation to the reason for the prohibition; or

(b) there are other exceptional circumstances that the Screening Agency considers would allow for reconsideration of the prohibition.

relevant change of circumstances means one or more of the following:

(a) proceedings for an offence on which the refusal or cancellation was based are withdrawn or dealt with without the person being found guilty of the offence;

(b) a finding of guilt for an offence on which the refusal or cancellation was based is quashed or set aside;

(c) if the refusal or cancellation was based on a risk assessment – a finding that was the subject of the risk assessment is quashed or set aside or otherwise expressly or impliedly ceases to have effect;

(d) any other change of circumstances that the Screening Agency considers should result in the person being permitted to make an application.

Division 6 Interim bar or suspension

30 Application of Division

This Division applies if the Screening Agency:

31 Interim bar

(1) An interim bar prevents an applicant from engaging in NDIS work while the applicant's application is pending.

(2) The Screening Agency must impose an interim bar in relation to an applicant:

(a) if the applicant is subject to a pending charge for a disqualifying offence – until the charge is resolved or the Screening Agency determines the application; or

(b) if the applicant is subject to a banning order by the NDIS Commission – until the NDIS Commission varies or revokes the banning order, or the Screening Agency determines the application; or

(c) if the Screening Agency is satisfied there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses an unacceptable risk of harm to participants.

(3) An interim bar remains in place until the Screening Agency determines the application relating to the applicant on whom the interim bar is imposed.

(4) If the Screening Agency decides to impose an interim bar on an applicant, the Screening Agency must give the applicant a decision notice for that decision.

(a) notify an applicant, in writing, when an interim bar relating to the applicant ceases to be in effect; and

(b) notify the NDIS Commission if an interim bar is imposed on an applicant, and also if an interim bar ceases to be in effect.

32 Suspension

(1) A suspension of a person's clearance prevents the person from engaging in NDIS work until the Screening Agency decides whether to lift the suspension or cancel the clearance.

(2) The Screening Agency must suspend a clearance in relation to a person:

(a) if the person is subject to a pending charge for a disqualifying offence – until the charge is resolved or the Screening Agency completes a risk assessment; or

(b) if the person is subject to a banning order by the NDIS Commission – until the NDIS Commission varies or revokes the banning order, or the Screening Agency completes a risk assessment; or

(c) if the Screening Agency is satisfied that there is a reasonable likelihood that a risk assessment of the person will determine that the person poses an unacceptable risk of harm to participants.

(3) If the Screening Agency decides to suspend a person's clearance, the Screening Agency must give the person a decision notice for that decision.

(a) notify a person, in writing, when a suspension of the person's clearance is lifted; and

(b) notify the NDIS Commission if a person's clearance is suspended, and also if the suspension is lifted.

33 Internal review of interim bar or suspension

(1) Subject to subsection (3), the following decisions are reviewable:

(2) The applicant or the person may seek an internal review of the decision if the interim bar or suspension has been imposed or in place for 6 months or longer.

(3) A person whose clearance has been suspended is not entitled to apply for a review if the person is a disqualified person, except on the grounds that the person is a disqualified person only because of mistaken identity.

Note for section 33

If a person is unsuccessful on an internal review, the person may seek review of the decision by NTCAT – see section 43.

Division 7 Risk assessment

34 Requirement for risk assessment

The Screening Agency may conduct a risk assessment of a person if:

(a) the person is an applicant on whom an interim bar has been imposed under section 23(1)(c); or

35 Matters to be considered when determining whether there is unacceptable risk of harm to participant

(1) In determining if a person poses an unacceptable risk of harm to a participant, the Screening Agency does not need to be satisfied that it is likely the person will cause harm to a participant in the future.

(2) In determining whether a person poses an unacceptable risk of harm to a participant, the Screening Agency must consider the following factors:

(a) the nature, gravity and circumstances of any offence committed, or alleged to have been committed, or misconduct by the person or other relevant information and how this is relevant to disability-related work;

(c) the vulnerability of the victim at the time of the event and the person's relationship to the victim or position of authority over the victim at the time of the event;

(d) the person's criminal, misconduct or disciplinary or other relevant history, including whether there is a pattern of concerning behaviour;

(f) all other relevant circumstances in respect of the person's offending, misconduct and disciplinary or other relevant history and the impact on the person's eligibility to be engaged in NDIS work.

(3) To determine the relevant weight given to information in a risk assessment, the Screening Agency must take into account the context and characteristics of the information, including reliability, how it was obtained and the nature, extent and outcome of investigations.

(4) The rights of a person to work with a participant are not relevant in determining whether or not a person poses an unacceptable risk of harm.

(5) If a person has multiple criminal offences of varying severity, the Screening Agency must consider disqualifying offences and presumed disqualifying offences before considering other offences.

36 Staff to be appropriately skilled

(1) A risk assessment of a person must only be undertaken by appropriately skilled staff.

appropriately skilled includes having appropriate qualifications, experience or standing to make the assessment, as determined by the Screening Agency.

37 Determination or intention of Screening Agency after risk assessment

(ii) if the risk assessment indicates that the applicant poses an unacceptable risk of harm to a participant – indicate an intention to refuse the clearance; or

(ii) if the risk assessment indicates that the person poses an unacceptable risk of harm to a participant – indicate an intention to cancel the clearance.

(2) The Screening Agency must notify the person, in writing, of the Screening Agency's determination or intention under subsection (1).

(3) The notice must give reasons for the intention to refuse or cancel the clearance and advise the person of the process for requesting an internal review of the proposed decision.

38 Internal review of intention

(1) Subject to subsection (3), an intention to refuse clearance to an applicant or cancel a person's clearance is reviewable.

(2) The applicant or the person may seek an internal review of the intention within the time specified in the notice given under section 37(2).

(3) An applicant whose clearance has been refused or a person whose clearance has been suspended is not entitled to apply for a review if the applicant or the person is a disqualified person, except on the grounds that the applicant or the person is a disqualified person only because of mistaken identity.

Note for section 38

If a person is unsuccessful on an internal review, the person may seek review of the decision by NTCAT – see section 43.

39 Determination of Screening Agency after intention notified

(1) If no application for internal review is received within the specified time in the notice given under section 37(2), the Screening Agency must:

(a) if the Screening Agency is proceeding under section 37(1)(a)(ii) – refuse the clearance; or

(b) if the Screening Agency is proceeding under section 37(1)(b)(ii) – cancel the clearance.

(2) The Screening Agency must notify the person, in writing, of the Screening Agency's decision under subsection (1).

Note for section 39

Division 5 applies if an applicant is refused clearance or a person's clearance has been cancelled.

Division 8 Miscellaneous matters

40 Withdrawing application

(1) An applicant may withdraw the applicant's application for a screening check at any time before the Screening Agency has determined the application, unless an interim bar has been imposed on the applicant.

(a) the Screening Agency refused clearance as a result of the applicant's most recent previous application for a screening check; or

(b) the clearance most recently held by the applicant was cancelled, other than:

(3) A request to withdraw an application must be in the approved form.

(a) notify an applicant, in writing, if the Screening Agency consents to the withdrawal; and

(b) notify the NDIS Commission if an applicant's application is withdrawn.

41 Surrender of clearance

(1) A clearance holder may, at any time, request cancellation of the clearance by written notice to the Screening Agency.

(2) The Screening Agency must, as soon as practicable after receiving the request, cancel the clearance.

(3) However, the Screening Agency must not accede to the request for cancellation if:

(a) the clearance (including a clearance held under a corresponding law) is suspended; or

(b) the Screening Agency is undertaking, or proposing to undertake, a risk assessment of the clearance holder.

(a) notify a person, in writing, if the Screening Agency cancels the person's clearance; and

Part 3 Review of decision

42 Internal review

(1) A reviewable decision is a decision made by the Screening Agency that is designated as reviewable by this Act.

Note for subsection (1)

The following decisions are designated as reviewable:

(a) a decision to impose an interim bar on an applicant or suspend a person's clearance after 6 months has elapsed under section 33;

(b) an intention to refuse clearance to an applicant or cancel a person's clearance under section 38.

(2) An affected person, for a reviewable decision, is the applicant or the person whose clearance has been suspended or whose clearance is intended to be cancelled.

(3) An affected person for a reviewable decision may apply to the CEO for an internal review of the decision.

(4) The CEO may appoint a public sector employee (the internal reviewer) to conduct an internal review of a reviewable decision.

(5) The CEO must be satisfied that the employee has the qualifications, experience and personal qualities necessary to review the reviewable decision.

(a) follow the procedures (if any) for review prescribed by regulation; and

(8) The decision of an internal reviewer in relation to the review of an intention to refuse a clearance under section 37(1)(a)(ii) or an intention to cancel a clearance under section 37(1)(b)(ii) takes effect as a final decision for the application or clearance.

Note for subsection (8)

If a person is unsuccessful on an internal review, the person may seek review of the decision by NTCAT – see section 43.

43 Review by NTCAT

(1) NTCAT has jurisdiction to review the following decisions (an NTCAT reviewable decision):

(a) a decision of the internal reviewer under section 42 in relation to an interim bar or suspension;

(b) a decision of the internal reviewer under section 42 in relation to an intention to refuse clearance to an applicant or cancel a person's clearance.

(2) A Tribunal affected person for the decision is the applicant or the person whose clearance has been suspended or cancelled.

(3) A Tribunal affected person for an NTCAT reviewable decision may apply to NTCAT for a review of the decision.

(4) The right to apply for review of the decision mentioned in subsection (1) arises only:

(a) after the Tribunal affected person has requested an internal review of the decision; and

(b) if the result of that review remained adverse to the Tribunal affected person.

Note for section 43

The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews.

44 Confidentiality of classified information

(1) In exercising its jurisdiction to review an NTCAT reviewable decision under this Part, NTCAT must take steps to maintain the confidentiality of classified information provided to it by the Commissioner of Police.

(2) If NTCAT considers the classified information is criminal intelligence, the steps taken under subsection (1) include steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings, their representatives and the public.

(3) If NTCAT considers classified information is not criminal intelligence, NTCAT must allow the Commissioner of Police to withdraw the classified information from consideration.

(4) This section applies to an appeal to the Supreme Court under section 141 of the Northern Territory Civil and Administrative Tribunal Act 2014 brought by a party in relation to a decision of NTCAT made in the exercise of its review jurisdiction under this Part.

classified information means information the Commissioner of Police classifies as criminal intelligence under the Serious Crime Control Act 2009.

Part 4 Collection, use, storage and disclosure of information

45 Authorised purpose

(1) An authorised purpose is any purpose connected with assessing a person's suitability to work with participants in accordance with this Act or any other law, including the following:

(b) determining whether the person poses an unacceptable risk of harm to a participant;

(c) determining whether a risk assessment is required in relation to the person;

(2) In addition to the matters specified in subsection (1), the following are also authorised purposes:

(a) providing the information to an organisation or body performing screening checks in a State or another Territory;

(b) sharing relevant information for entry in a database for clearances for the NDIS;

(c) sharing information with an authorised person on request, or when the Screening Agency considers it appropriate.

46 Information only to be used for authorised purpose

Information obtained under this Act must only be used by the Screening Agency for an authorised purpose.

47 Sharing and disclosing information

(1) The Screening Agency must ensure that information made available to other persons, bodies or organisations is:

(a) appropriate and relevant for the purposes of conducting a screening check; and

(a) take the steps that are reasonable in the circumstances to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure; and

(b) put in place formal information sharing processes and mechanisms that are reliable, robust and transparent.

48 Screening Agency may disclose

(a) inform any authorised persons of the outcome of an applicant's screening check; and

(b) inform any authorised persons if an interim bar has been imposed on an applicant or a person has had the person's clearance suspended or cancelled.

(2) The Screening Agency is also authorised to provide to an authorised person relevant information about an applicant or a clearance holder:

(i) verifying the identity of the applicant or clearance holder or verifying the applicant's or clearance holder's clearance status; or

(ii) conducting a risk assessment in relation to the applicant or clearance holder; or

(3) The Screening Agency may also provide to an authorised person information about relevant offences that has been obtained for the purposes of assessing a person's suitability to work with a participant.

49 Authorised person may disclose

An authorised person may disclose to any other authorised person any information obtained in accordance with this Act if:

(a) there are reasonable grounds to suspect that there is a risk of significant harm to a person with disability, a child or vulnerable person; and

50 Power to require relevant information from other persons

(1) The Screening Agency may, by written notice, require a person to provide information that is relevant to assessing the risk of harm posed by an applicant or a clearance holder.

(2) The person to whom the notice is given is authorised to provide the information.

51 Criminal history information to be exchanged

(1) The Screening Agency may, on request, provide criminal history information relating to a person to the NDIS Commission or screening authority of a State or another Territory, and may request criminal history information relating to an applicant or a clearance holder from any of the following:

(e) a law enforcement agency of the Commonwealth or a State or another Territory.

(2) Criminal history information includes the following in relation to a person:

(e) if available, information held by law enforcement agencies about the circumstances of an offence or alleged offence, such as the following:

(i) when the offence was committed, or alleged to have been committed;

(iv) whether the offence or alleged offence involved or was intended to involve a vulnerable person, including a person with disability;

(v) the relationship, if any, between the offender or alleged offender and any vulnerable person or person with disability involved in the offence;

(vi) the circumstances and nature of the behaviours constituting or involved with the offence or alleged offence;

(vii) other factors relevant to a decision about whether a person poses a risk of harm to people with disability.

52 Information sharing – miscellaneous

Notice of any decision under this Act must not disclose the existence or content of any criminal intelligence disclosed to the Screening Agency.

Part 5 Offences

53 Unauthorised collection or use of information

(b) the collection or use is not authorised by this Act or another law in force in the Territory.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

54 Offence to disclose certain information

(a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and

(b) the information is confidential and the person is reckless in relation to that circumstance; and

(d) the conduct results in the disclosure of the information and the disclosure is not:

(i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or

(e) the person is reckless in relation to the result and circumstance referred to in paragraph (d).

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(3) If the information referred to in subsection (1) relates to a person, it is a defence to a charge for an offence against that subsection if the person has consented to the disclosure of the information.

Note for subsection (3)

In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).

55 Misleading information

(c) the information is misleading and the person has knowledge of that circumstance; and

(d) the authorised person is acting in an official capacity and the person has knowledge of that circumstance.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(c) the document contains misleading information and the person has knowledge of that circumstance; and

(d) the authorised person is acting in an official capacity and the person has knowledge of that circumstance.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(4) It is a defence to a prosecution for an offence against subsection (2) if the person, when giving the document:

(a) draws the misleading aspect of the document to the authorised person's attention; and

(b) to the extent to which the person can reasonably do so – gives the authorised person the information necessary to remedy the misleading aspect of the document.

acting in an official capacity, in relation to an authorised person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

56 Fail to comply with request for information

(1) A person who is given a notice under section 50 must comply with the notice.

Maximum penalty: 50 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Part 6 Administrative matters

57 Approved forms

The CEO may approve forms for this Act.

58 Fees

(2) The Screening Agency may do any of the following if the Screening Agency considers it appropriate:

59 Evidentiary certificates

(1) The Screening Agency may issue a certificate that states that, on a specified date or during a specified period:

(b) a specified person had or had not made an application for a clearance; or

(c) a clearance held by a specified person was or was not suspended; or

(2) A certificate under this section is admissible in legal proceedings as evidence of the matters stated in the certificate.

60 Protection from liability

(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act.

(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.

exercise, of a power, includes the purported exercise of the power.

performance, of a function, includes the purported performance of the function.

61 Failure to give notice of decision

Failure to give notice of a decision under this Act does not affect the validity of the decision.

62 Regulations

The Administrator may make regulations under this Act.

Note for section 62

See section 65 of the Interpretation Act 1978.