National Disability Insurance Scheme (Worker Screening) Act 2020

The CEO must decide an application for a clearance under this Act —

by granting a clearance to the applicant; or

by refusing to grant a clearance to the applicant.

The CEO must give written notice to the applicant of the CEO’s decision on the application.

In the event of a decision to grant a clearance, the notice of the decision must be accompanied by an NDIS worker check clearance certificate.

In the event of a decision to refuse a clearance, the notice must —

set out the reasons for the decision; and

state that the applicant may, within 28 days after the date of the notice, apply to the CEO under Part 4 Division 1 for an internal review of the decision; and

explain how the application for review is made; and

be accompanied by an NDIS worker check exclusion certificate.

A certificate under this section may be in a form, or represented in any manner, determined by the CEO.

The CEO may give notice of the CEO’s decision on an application 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.