Worker Screening Act 2020

If the Regulator is required to refuse or proposes to refuse to give an NDIS clearance under section 24, 26 or 28, the Regulator must before finally deciding the application—

give a written notice to the applicant that—

informs the applicant of the proposal or requirement; and

states the information about the applicant of which the Regulator is aware; and

invites the applicant to make a submission to the Regulator in writing or in another form approved by the Regulator within the timeframe specified in the notice; and

give an interim NDIS exclusion to the applicant.

The period specified in the notice under subsection (1) must not be less than—

in the case of an NDIS category A application, 14 days; or

in the case of an NDIS category B application or an NDIS category C application, 28 days.

The Regulator may extend the period specified in a notice for an NDIS category A application if the applicant satisfies the Regulator that it is appropriate to allow the applicant further time to make a submission.

Before finally deciding the application the Regulator must consider any submission made by the applicant in response to a notice under subsection (1) within the specified period, unless the applicant notifies the Regulator that the applicant does not want to make a submission.

Any information given by a person under subsection (1)(a)(iii) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty other than—

a proceeding in respect of an offence against this Act; or

a proceeding in respect of the falsity or misleading nature of the information.