National Disability Insurance Scheme (Worker Screening) Act 2020

The CEO may, by written notice to the holder of an NDIS worker check clearance certificate, suspend the certificate —

if the CEO has received information that leads the CEO to believe that it is necessary or appropriate to suspend the certificate pending a risk assessment under Division 2; or

if the holder of the certificate has applied for a clearance under a corresponding law and the CEO has been advised that an interim bar has been imposed in relation to the holder of the certificate under that corresponding law; or

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

The CEO must suspend an NDIS worker check clearance certificate if the CEO has received information which indicates that the holder of the certificate has become a disqualified person or presumptively disqualified person since the certificate was issued.

If the CEO imposes an interim bar on the holder of an NDIS worker check clearance certificate, the certificate is taken to be suspended while the interim bar has effect.

The CEO may give written notice of the suspension of an NDIS worker check clearance certificate to —

any person that the CEO reasonably believes to be a notifiable person in relation to the holder of the certificate; 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 holder of the certificate, revoke the suspension of the certificate.

Unless sooner revoked, the suspension of an NDIS worker check clearance certificate ceases to have effect when —

the certificate is cancelled; or

the period for which the clearance was to remain in force expires; or

in the case of a suspension under subsection (3) — the interim bar ceases to have effect.

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

the revocation of the suspension under subsection (5); or

the suspension ceasing to have effect under subsection (6)(b) or (c).

The CEO may suspend an NDIS worker check clearance certificate even if it has not come into operation.