Worker Screening Act 2020

If the Regulator proposes or is required under section 42, 44 or 46 to revoke a person's NDIS clearance, the Regulator must, before finally deciding the re‑assessment—

give a written notice to the person that—

informs the person of the proposal or requirement; and

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

invites the person 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 person.

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

in the case of an NDIS category A re‑assessment, 14 days; and

in the case of an NDIS category B re‑assessment or an NDIS category C re‑assessment, 28 days.

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

Before finally determining whether to revoke the person's NDIS clearance, the Regulator must consider any submission made by the person in response to a notice under subsection (1) within the specified period, unless the person notifies the Regulator that the person 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.

If the Regulator—

gives the person who holds the NDIS clearance an interim NDIS exclusion under subsection (1)(b); and

finally determines not to revoke that NDIS clearance—