Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"adult" means a person who is 18 years of age or older.
"affected person", see section 42(2).
"Agency", see section 18A of the Interpretation Act 1978 .
"applicant "means an applicant for a screening check under this Act.
"approved form" means a form approved under section 57.
"authorised person" means the following:
(a) the Screening Agency;
(b) an organisation or body performing screening checks in a State or another Territory;
(c) a person performing functions or exercising powers under this Act or a corresponding law;
(d) the NDIS Commission;
(e) a law enforcement agency of the Territory or another jurisdiction, including outside of Australia;
(f) any other person, organisation or body prescribed by regulation.
"authorised purpose", see section 45.
"CEO "means the Chief Executive Officer of the Agency administering this Act.
"child" means a person who is under 18 years of age.
"clearance" means an NDIS worker clearance granted by the Screening Agency for a person to engage in NDIS work for a registered NDIS provider or an NDIS provider.
"clearance holder" means a person who holds a clearance under this Act or a corresponding law to engage in NDIS work.
"corresponding law "is a law of a State or another Territory that corresponds with this Act and includes a law that is prescribed by regulation as a corresponding law.
"criminal intelligence", see section 6 of the Serious Crime Control Act 2009 .
"decision notice", for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this Act or another Act, to apply for a review of, or to appeal, the decision.
Note for definition decision notice
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the requirements of a decision maker after the decision maker has made an NTCAT reviewable decision under this Act.
"disqualified person" means a person who, as an adult, committed a disqualifying offence.
"disqualifying offence "means an offence prescribed by regulation as a disqualifying offence.
"engage", in relation to a person, means in any of the following capacities:
(a) as a paid or unpaid employee;
(b) as a self-employed person or a contractor or subcontractor;
(c) as a volunteer.
"excluded", in relation to a person, see section 29.
"interim bar", see rule 5 of the National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018 (Cth).
"more than incidental contact", see section 8.
"NDIS Act" means the National Disability Insurance Scheme Act 2013 (Cth) and includes the rules under that Act.
"NDIS Code of Conduct" means the National Disability Insurance Scheme (Code of Conduct) Rules 2018 made under the NDIS Act.
"NDIS Commission "means the NDIS Quality and Safeguards Commission established under the NDIS Act.
"NDIS provider "means a provider of NDIS funded supports and services under the NDIS Act.
"NDIS work", see section 9.
"non-conviction charge" means proceedings that have been commenced against a person as an adult or a child in relation to a charge, but were not finally determined because the proceedings were discontinued.
Examples for definition non-conviction charge
Examples for a non-conviction charge include the following proceedings:
(a) a proceeding that was withdrawn;
(b) a proceeding that was the subject of a nolle prosequi, a no true bill or a submission of no evidence to offer;
(c) a proceeding that led to a conviction that was quashed on appeal or on which a person was acquitted or disposed of by a court otherwise than by way of conviction.
"NTCAT reviewable decision", see section 43(1).
"ongoing monitoring", see section 27.
"participant", see section 9 of the NDIS Act.
"pending charge" means a current charge for a criminal offence that has not yet been determined, whether the person is being dealt with as an adult or a child.
"presumed disqualifying offence "means an offence prescribed by regulation as a presumed disqualifying offence.
"presumed disqualified person", see section 10.
"registered NDIS provider "means a provider of NDIS funded supports and services registered under the NDIS Act.
"reviewable decision", see section 42(1).
"risk assessed role", see section 11.
"risk assessment", see section 34.
"Screening Agency" means the person or Agency declared by the Minister under section 13.
"screening check" means an NDIS worker screening check undertaken by the Screening Agency to assess whether an applicant is eligible to hold a clearance.
"spent conviction" means a conviction which, in accordance with the Criminal Records (Spent Convictions) Act 1992 , no longer forms part of a person's criminal history.
"Tribunal affected person", see section 43(2).
"volunteer", see section 12.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) A term defined in the NDIS Act has the same meaning in this Act unless separately defined for this Act.