NDIS category C re‑assessments
45 NDIS category C re‑assessments
S. 45(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).
A re‑assessment is an NDIS category C re‑assessment if the Regulator is required to re‑assess a person's eligibility to hold an NDIS clearance because the Regulator is notified that—
the person has been charged with, convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or
the person has been charged with, convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or
the person has been charged with an NDIS category A offence or an NDIS category B offence and the charge has been finally dealt with other than by way of conviction or a finding of guilt; or
the person has been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or
the person has become subject to a relevant disciplinary or regulatory finding; or
the person has become subject to any relevant civil penalty imposed under the NDIS Act.
Note
For examples of the ways a charge may be finally dealt with, see section 6(1).
S. 45(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.59).
A re‑assessment is an NDIS category C re‑assessment if the Regulator is required to re‑assess the person's eligibility to hold an NDIS clearance because the Regulator becomes aware that the person has been given a WWC exclusion on a WWC category C application or a WWC category C re‑assessment.
For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.
S. 46 amended by No. 58/2025 s. 125(Sch. 2 item 1.60).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.