Disability Inclusion Act 2018

A person may apply to the central assessment unit for a clearance in accordance with this section.

An applicant must—

reside, or intend to reside, in this State; or

undertake

An application for a clearance must—

be made in a manner and form approved by the central assessment unit;

be accompanied by any information required by the central assessment unit; and

include, or be accompanied by, proof of the identity of the applicant in a form approved by the central assessment unit; and

be accompanied by the prescribed fee.

The approved form of application for a clearance must provide for the authorisation by the applicant of—

the making of inquiries about the applicant by the central assessment unit for an NDIS purpose; and

the obtaining of relevant information about the applicant by the central assessment unit from any authorised person for an NDIS purpose; and

the disclosure of relevant information about the applicant by the central assessment unit to an authorised person for an authorised purpose.

The central assessment unit may require an applicant for a clearance to provide a recent photograph of the applicant, obtained in accordance with arrangements determined by the central assessment unit.

An applicant may withdraw an application at any time by notice in writing to the central assessment unit in the form approved by the central assessment unit, however the withdrawal only has effect if the central assessment unit consents to the withdrawal.

The central assessment unit must consent to a withdrawal of an application except in the following circumstances (and must refuse consent in those circumstances):

a clearance currently held by the applicant under this Part or a corresponding law is under suspension;

the applicant's most recent clearance was cancelled under this Part or a corresponding law (other than cancellation at the request of the holder);

the central assessment unit has notified or is proposing to notify the applicant that it proposes to issue an NDIS worker check exclusion to the applicant but has not yet determined the application;

the central assessment unit is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses a risk of harm to people with disability.

The central assessment unit may give written notice of the withdrawal of an application to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant.

The regulations may make further provision in relation to applications (including, to avoid doubt, provisions setting out additional circumstances in which an application may be refused or terminated by the central assessment unit).