National Disability Insurance Scheme (Worker Screening) Act 2020

An application for a clearance made in accordance with this Part cannot be determined until the CEO has, in respect of the applicant —

carried out a criminal record check; and

considered any information provided by the NDIS Commission in relation to the applicant.

Subsection (1) does not limit —

any other step or inquiry that the CEO may take under this Act before determining an application for a clearance; or

any other process or requirement under this Act as to the assessment of an application for a clearance.

An application for a clearance must be refused by the CEO if —

the applicant is a disqualified person (and in such a case a risk assessment will not be conducted under Division 2); or

a risk assessment of the applicant is conducted under Division 2 and the CEO determines that there is an unacceptable risk that the applicant may cause harm to people with disability in the course of carrying out NDIS work.

The CEO may suspend consideration of an application pending the outcome of any process, step or inquiry under a corresponding law.