Determination of NDIS category C application
28 Determination of NDIS category C application
The Regulator must give an NDIS clearance on an NDIS category C application if the Regulator is satisfied that the applicant does not pose an unacceptable risk of harm to persons with a disability, having regard to the following—
the nature, gravity and circumstances of the conduct;
the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;
the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;
the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;
whether the applicant had a position of authority in relation to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;
the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;
the applicant's behaviour since the applicant engaged, or allegedly engaged, in the conduct;
all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.
Division 4—Intention to give NDIS exclusion on application for NDIS check
S. 29 (Heading) amended by No. 58/2025 s. 125(Sch. 2 item 1.36).
This Act’s bill:Explanatory memorandumSecond reading speech
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