National Disability Insurance Scheme (Worker Screening) Act 2020

A person must not apply for a clearance if the person —

is a disqualified person who has been refused a clearance, or has had a clearance cancelled, under this Act or a corresponding law; or

has made an application for a clearance under this Act or a corresponding law and that application is pending; or

currently has a clearance under this Act or a corresponding law, unless the application is made no more than 3 months before the expiry of the clearance or as provided by section 23(1)(c); or

is subject to a 5‑year ban on applying for a clearance following refusal or cancellation of a clearance, as provided by subsection (2).

Subject to subsection (3), a person who has had a clearance refused or cancelled under this Act or a corresponding law is not entitled to apply for a clearance for 5 years following the refusal or cancellation.

Subsection (2) does not apply in relation to a cancellation that was made —

at the request of the person under this Act or a corresponding law; or

by the CEO acting under section 25(2) or 38(2) or an interstate screening agency acting under an equivalent provision under a corresponding law.

This section does not limit the operation of section 28.