National Disability Insurance Scheme (Worker Screening) Act 2020

Subject to this section, an application for a clearance may be withdrawn in an approved manner.

An application cannot be withdrawn under subsection (1) if —

the applicant is subject to an interim bar; or

the CEO has notified the applicant that the CEO proposes to refuse to grant a clearance to the applicant and has not yet determined the application; or

the withdrawal would be contrary to any provision made by the regulations.

In addition, an application for a clearance is taken to be withdrawn if subsection (4), (5) or (6) applies.

This subsection applies if —

the applicant has failed to provide to the CEO any information or documents the CEO requires for the purposes of the application under section 10; and

the CEO has given the applicant a written notice stating that the application is taken to be withdrawn.

This subsection applies if —

an NDIS employer or proposed NDIS employer identified by the applicant fails, within a period determined by the CEO to be reasonable in the circumstances, to verify that they have engaged, or propose to engage, the applicant in NDIS work; and

the CEO has given the applicant a written notice stating that the application is taken to be withdrawn.

This subsection applies if —

an NDIS worker check exclusion certificate is issued to the applicant under a corresponding law after the application for a clearance is made under this Act; and

the CEO has given the applicant a written notice stating that the application is taken to be withdrawn.

The CEO may give written notice of a withdrawal under subsection (1) or (3) 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.