Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2019 (NO. 13 OF 2019) - SECT 15

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15A     Interim bar for unregistered person engaging in NDIS activity

    (1)     Despite section 15, the commissioner may refuse to allow an unregistered person to engage in an NDIS activity (an  interim bar ) if the commissioner reasonably believes the person poses an unacceptable risk of harm to a vulnerable person.

Note     A decision under s (1) is a reviewable decision (see s 61).

    (2)     The commissioner must tell the person, in writing, about the person's interim bar.

    (3)     The interim bar takes effect on the day after the day the commissioner tells the person, in writing, about the interim bar, and continues until the earlier of—

        (a)     the day the commissioner notifies the person, in writing, that the bar is removed; or

        (b)     the day the person's application for registration is decided.

    (4)     A person may apply to the commissioner to remove an interim bar that has been in effect for at least 6 months.

    (5)     The commissioner must, on application—

        (a)     remove the person's interim bar; or

        (b)     refuse to remove the person's interim bar.

Note     A decision under s (5) (b) is a reviewable decision (see s 61).

    (6)     The commissioner must not refuse to remove a person's interim bar unless the commissioner reasonably believes the person poses an unacceptable risk of harm to a vulnerable person.