Worker Screening Act 2020

A person who has been given an NDIS exclusion is not entitled to make a further application under section 15 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.

For the purposes of subsection (1) a relevant change in circumstances is—

a charge that was pending at the date of the NDIS exclusion being finally dealt with without the person being found guilty of the offence; or

a finding of guilt being quashed or set aside by a court after the date on which the NDIS exclusion was given; or

the person ceasing to be subject to reporting obligations imposed under the Sex Offenders Registration Act 2004; or

the person being no longer subject to a supervision order, a detention order or an emergency detention order; or

a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the NDIS exclusion was given; or

the person's WWC exclusion being deemed void under section 77 or being set aside, rendered inoperative or otherwise invalidated.

If a person who has been given an NDIS exclusion is subsequently given an NDIS clearance under a further application made under section 15(1), the NDIS exclusion is deemed to be void and of no effect from the date the NDIS clearance is given.