Determination of NDIS category B application
26 Determination of NDIS category B application
The Regulator must refuse to give an NDIS clearance on an NDIS category B application, unless satisfied that there are exceptional circumstances having regard to the following—
the nature, gravity and circumstances of the offence or alleged offence;
the period of time that has passed since the offence or alleged offence was committed;
the vulnerability of the victim at the time the offence or alleged offence was committed;
the applicant's relationship to the victim at the time the offence or alleged offence was committed;
whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence was committed;
the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;
the applicant's behaviour since the applicant committed, or allegedly committed, the offence;
all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.
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