Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person mentioned in section 28 is excluded from NDIS work.
(2) Excluded persons are prohibited from engaging in NDIS work and delivering non-specified supports and services entailing more than incidental contact with a participant, as a registered NDIS provider or an NDIS provider or as a person employed by a registered NDIS provider or an NDIS provider.
Note for subsection (2)
Excluded persons are also required under the NDIS Code of Conduct to disclose the outcome of the person's screening check to any person or provider to whom they are providing supports or services under the NDIS.
(3) An excluded person (except a person mentioned in section 26(1)(c)) may not reapply for a screening check for a period of 5 years after the date of the decision.
Note for subsection (3)
If the reason the person's clearance was refused or cancelled is because the person is a disqualified person, the person will not be subject to the prohibition. A disqualified person is permanently disqualified from reapplying for a clearance under section 16(1)(a).
(4) The effect of the prohibition is that the person is prohibited for 5 years from the date of the refusal or cancellation from reapplying for a screening check, unless:
(a) there has been a relevant change of circumstances in relation to the reason for the prohibition; or
(b) there are other exceptional circumstances that the Screening Agency considers would allow for reconsideration of the prohibition.
(5) In this section:
"relevant change of circumstances" means one or more of the following:
(a) proceedings for an offence on which the refusal or cancellation was based are withdrawn or dealt with without the person being found guilty of the offence;
(b) a finding of guilt for an offence on which the refusal or cancellation was based is quashed or set aside;
(c) if the refusal or cancellation was based on a risk assessment – a finding that was the subject of the risk assessment is quashed or set aside or otherwise expressly or impliedly ceases to have effect;
(d) any other change of circumstances that the Screening Agency considers should result in the person being permitted to make an application.