Power to request information and documents
142A Power to request information and documents
The Regulator may exercise a power under this section for any of the following purposes—
carrying out an NDIS check or a WWC check;
conducting a re-assessment of eligibility to hold an NDIS clearance or a WWC clearance;
carrying out an internal review under Part 4.1 or 3.4A;
determining a further application for a WWC clearance under Part 3.4A.
The Regulator, by written notice, may require a specified person (other than an applicant for a screening check or a holder of a clearance)—
to provide to the Regulator, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or
to produce to the Regulator, in accordance with the notice, any relevant document referred to in the notice.
The notice must specify the purpose under subsection (1) for which the notice is issued.
The time for complying with the notice must not be less than 10 business days from the date the notice is issued.
The Regulator, on the written application of the person specified in the notice, may do any of the following—
extend the time for complying with the notice;
amend or revoke any requirement specified in the notice.
A person is authorised to provide the information requested under subsection (2).
A person must not refuse or fail to comply with a notice under subsection (2) without reasonable excuse.
Penalty: 60 penalty units, in the case of a natural person;
300 penalty units, in the case of a body corporate.
For the purposes of subsection (7), it is a reasonable excuse for a natural person to refuse or fail to provide information that the person is required to provide under this section if giving the information would tend to incriminate the person.
S. 142B inserted by No. 58/2025 s. 101.
This Act’s bill:Explanatory memorandumSecond reading speech
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