Disability Inclusion Act 2018

A person cannot apply for a clearance if the person—

has made an application for a clearance under this Part or a corresponding law and that application is pending; or

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

is otherwise subject to a ban on applying for a clearance under this section.

A person to whom an exclusion is issued under this Part or a corresponding law (being a person who is not a disqualified person) is banned from applying for a clearance for 5 years following the issue of the exclusion except where there has been a relevant change of circumstances.

A person who has had a clearance cancelled under this Part or a corresponding law is banned from applying for a clearance for

the cancellation was at the request of the person; or

the cancellation occurs under section 18S(2) or 18W(2);

there has been a relevant change of circumstances.

For the purposes of this section, each of the following is a relevant change of circumstances in relation to the issue of an exclusion or cancellation of a clearance:

proceedings for an offence on which the exclusion or cancellation was based are withdrawn or dealt with without a finding of guilt in respect of the person;

a finding of guilt for an offence on which the exclusion or cancellation was based is quashed or set aside;

a finding in respect of a risk assessment on which the exclusion or cancellation was based is quashed or set aside, or otherwise ceases to have effect;

any other change of circumstances that the central assessment unit considers should result in the person being permitted to make an application.