National Disability Insurance Scheme (Worker Screening) Act 2020

In dealing with an application for review, the CEO —

must give the applicant a reasonable opportunity to make a submission in relation to the application (in such manner as the CEO determines to be appropriate in the circumstances); and

may consider new material, whether or not it existed at the time the designated decision was made; and

may exercise any power of the CEO under this Act that was able to be exercised in relation to the matter that gave rise to the designated decision (and any relevant provisions of this Act apply accordingly); and

subject to the regulations, may adopt such other procedures and processes as the CEO thinks fit (taking into account the requirement to afford procedural fairness to the applicant).

If the applicant is a disqualified person, the CEO may only review the issue of whether the applicant’s criminal record does not include a conviction for a Class 1 offence committed by the applicant as an adult.

The CEO may —

if the applicant is a disqualified person —

confirm the designated decision; or

where the CEO finds that the applicant’s criminal record does not include a conviction for a Class 1 offence committed by the applicant as an adult — set aside the designated decision and substitute another decision for it, or take steps for the matter to be reconsidered on the basis that the person is not a disqualified person;

in any other case —

confirm or vary the designated decision; or

set aside the designated decision and substitute another decision for it, or take steps for the matter to be reconsidered under this Act.

As soon as practicable after making a decision under subsection (3), the CEO must give written notice to the applicant of the CEO’s decision.

In the case of a decision that is adverse to the applicant, the notice must —

set out the reasons for the decision; and

state that the applicant may apply to the State Administrative Tribunal within 28 days after the date of the notice to have the decision reviewed; and

explain how an application for review is made.