National Disability Insurance Scheme (Worker Screening) Act 2020

A person to whom an NDIS worker check exclusion certificate has been issued under this Act (other than a disqualified person) may apply to the CEO for the certificate to be cancelled.

Subject to this section, the application cannot be made sooner than 5 years after —

the date on which the NDIS worker check exclusion certificate was issued; or

if the person has previously applied under this section — the date on which the most recent previous application was determined.

Subsection (2) does not apply if —

a pending charge for an offence to which subsection (4) applies, being an offence on which the exclusion was based, or the decision on which the previous application was made, is disposed of by a court otherwise than by way of a conviction; or

a conviction for an offence on which the exclusion was based, or the decision on which the previous application was made, is quashed or set aside by a court; or

the exclusion was based on, or the decision on which the previous application was made relates to, a Class 1 offence or a Class 2 offence and a pardon has been granted in relation to the offence; or

a finding the subject of a risk assessment on which the exclusion was based, or the decision on which the previous application was made, is quashed or set aside or otherwise expressly or impliedly ceases to have effect; or

any other significant or exceptional change of circumstances or other factor that the CEO considers should result in the person being able to apply for the cancellation of the NDIS worker check exclusion certificate has occurred or applies.

This subsection applies to the following offences —

Class 1 offences;

Class 2 offences;

Class 3 offences where the CEO had reason to believe that —

an indecent act was performed by the person in the course of allegedly committing the offence; or

the person engaged in conduct that was of a threatening or violent nature in the course of allegedly committing the offence.

An application for the cancellation of an NDIS worker check exclusion certificate must be —

in the approved form; and

accompanied by the fee prescribed by the regulations.

The following provisions apply (with any specified modifications) in relation to an application under this section as if the application were an application for a clearance —

section 10(4)(a), as if the reference to the approved form were a reference to the approved form under this section;

section 10(5) and (6), as if the reference to the approved form were a reference to the approved form under this section;

section 10(7), (8) and (9);

section 12(1), (2) and (3)(b);

section 14(1) and (2);

section 15(6);

section 16(3) and (4);

sections 17, 18(1), 19 and 20.

If the CEO grants an application under this section, the CEO must —

cancel the NDIS worker check exclusion certificate; and

grant a clearance and issue an NDIS worker check clearance certificate.

If the CEO refuses an application under this section, the CEO must give the applicant a written notice that —

states the reasons for the decision; and

states 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

explains how the application for review is made.

Despite a preceding subsection, if the CEO receives information (verified in such manner as the CEO thinks fit) that a person to whom an NDIS worker check exclusion certificate has been issued holds a clearance granted under a corresponding law, the CEO must cancel the NDIS worker check exclusion certificate.