National Disability Insurance Scheme (Worker Screening) Act 2020

The CEO may, at any time after receiving an application for a clearance but before the application is determined, impose an interim bar on the applicant —

if the CEO is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that there is an unacceptable risk that the applicant may cause harm to people with disability in the course of carrying out NDIS work; or

on any other ground the CEO determines to be appropriate in the circumstances.

The CEO must impose an interim bar if the CEO has information which indicates —

that the applicant is a disqualified person or a presumptively disqualified person; or

that the applicant was issued with an NDIS worker check exclusion certificate on the last occasion when the applicant applied for a clearance under a corresponding law; or

in the case of an applicant who has previously held an NDIS worker check clearance certificate under a corresponding law — that on the last occasion on which the applicant held such a certificate, the clearance was cancelled and the applicant was issued with an NDIS worker check exclusion certificate; or

that the applicant is the subject of a risk assessment under a corresponding law.

The CEO imposes an interim bar by giving written notice of the interim bar to the applicant.

The CEO may give written notice of an interim bar to —

any person that the CEO reasonably believes to be a notifiable person in relation to the applicant; and

the NDIS Commission; and

any person or body exercising functions in the operation or administration of a relevant law.

The CEO may, if the CEO considers it appropriate to do so, by giving written notice to the applicant, revoke an interim bar.

Unless sooner revoked, an interim bar ceases to have effect when the application to which the interim bar relates is granted or refused.

The CEO must give any person or body that received a notice under subsection (4) written notice of —

the revocation of the interim bar under subsection (5); or

the interim bar ceasing to have effect under subsection (6).