National Disability Insurance Scheme (Worker Screening) Act 2020

This section applies in respect of a person who —

has applied for a clearance under this Act or a corresponding law; or

has given notice of a relevant change in their criminal record; or

has a clearance under this Act or a corresponding law; or

has applied to cancel an NDIS worker check exclusion certificate under this Act or a corresponding law; or

has applied for an internal review or external review under this Act.

The CEO may ask a criminal records agency for information or access to the respective records of the criminal records agency —

to determine whether the person has a criminal record; and

if the person has a criminal record — to obtain details of the criminal record.

If the person has a criminal record, the CEO may ask a criminal records agency or the DPP for any information relating to the person in its possession that is connected with, or otherwise related to, a conviction or charge mentioned in the criminal record.

Subsection (3) does not limit the powers of the CEO to request or obtain information under another provision of this Act.