Northern Territory Numbered Acts Northern Territory Numbered Acts(1) In determining if a person poses an unacceptable risk of harm to a participant, the Screening Agency does not need to be satisfied that it is likely the person will cause harm to a participant in the future.
(2) In determining whether a person poses an unacceptable risk of harm to a participant, the Screening Agency must consider the following factors:
(a) the nature, gravity and circumstances of any offence committed, or alleged to have been committed, or misconduct by the person or other relevant information and how this is relevant to disability-related work;
(b) the length of time that has passed since the event occurred;
(c) the vulnerability of the victim at the time of the event and the person's relationship to the victim or position of authority over the victim at the time of the event;
(d) the person's criminal, misconduct or disciplinary or other relevant history, including whether there is a pattern of concerning behaviour;
(e) the person's conduct since the event;
(f) all other relevant circumstances in respect of the person's offending, misconduct and disciplinary or other relevant history and the impact on the person's eligibility to be engaged in NDIS work.
(3) To determine the relevant weight given to information in a risk assessment, the Screening Agency must take into account the context and characteristics of the information, including reliability, how it was obtained and the nature, extent and outcome of investigations.
(4) The rights of a person to work with a participant are not relevant in determining whether or not a person poses an unacceptable risk of harm.
(5) If a person has multiple criminal offences of varying severity, the Screening Agency must consider disqualifying offences and presumed disqualifying offences before considering other offences.