National Disability Insurance Scheme (Worker Screening) Act 2020

Subject to this section, the CEO must cancel an NDIS worker check clearance certificate if —

the CEO becomes aware that the person holding the certificate is a disqualified person; or

the CEO determines on a risk assessment that there is an unacceptable risk that the person holding the certificate may cause harm to people with disability in the course of carrying out NDIS work.

The CEO may cancel an NDIS worker check clearance certificate if —

the CEO is not satisfied that the holder of the certificate is or will be engaged to do NDIS work; or

the clearance was granted pursuant to an application that was not valid; or

the holder of the certificate also holds a certificate under a corresponding law and that certificate is cancelled; or

the CEO is authorised to cancel the certificate on a ground prescribed by the regulations.

The CEO must not act under subsection (1) unless the CEO has in respect of the person holding the NDIS worker check clearance certificate —

carried out a criminal record check; and

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

Subsection (3) does not limit —

any other step or inquiry that the CEO may take under this Act; or

any other process or requirement under this Act as to the reassessment of the person as the holder of an NDIS worker check clearance certificate.

In addition, if the CEO proposes to cancel a certificate under subsection (1), the CEO must give written notice to the person holding the certificate —

of the proposed cancellation; and

that the person may make a submission to the CEO, in writing or in an approved form, within the period (being a period of at least 28 days) specified in the notice.

Before deciding whether to cancel the certificate, the CEO must consider any submission made by the person holding the certificate within the period specified in the notice under subsection (5) (and may, if the CEO thinks fit, consider any submission made after the expiration of that period).

If the cancellation is on the ground that the person holding the certificate is a disqualified person, the only submission that person may make is that the person’s criminal record does not include a conviction for a Class 1 offence committed by the person as an adult.

The CEO may suspend the certificate pending the outcome of the processes set out in subsections (3) to (6).

Subsection (8) does not limit the operation of section 24.

The CEO must give written notice to the person holding an NDIS worker check clearance certificate of the CEO’s decision to cancel the certificate.

The notice must —

set out the reasons for the cancellation; and

in the case of a cancellation under subsection (1) —

state that the person 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 subsection (11)(b)(iii) may be in a form, or represented in any manner, determined by the CEO.

The CEO may give written notice of the cancellation of an NDIS worker check clearance certificate under this section 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.

If the term of a clearance expires while the cancellation of the NDIS worker check clearance certificate is being considered under this section, the CEO may, as the CEO thinks fit, determine —

not to take any further steps under this section; or

to complete any process that has been commenced and then, if the CEO would have been required to cancel the certificate under subsection (1) had the clearance still been in force, issue an NDIS worker check exclusion certificate.

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