Northern Territory Numbered Acts

NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE) ACT 2020 (NO 7 OF 2020) - SECT 51

    (1)     The Screening Agency may, on request, provide criminal history information relating to a person to the NDIS Commission or screening authority of a State or another Territory, and may request criminal history information relating to an applicant or a clearance holder from any of the following:

    (a)     a law enforcement agency of the Territory;

    (b)     the screening authority of a State or another Territory;

    (c)     the NDIS Commission;

    (d)     the Australian Criminal Intelligence Commission;

    (e)     a law enforcement agency of the Commonwealth or a State or another Territory.

    (2)     Criminal history information includes the following in relation to a person:

    (a)     the person's criminal history;

    (b)     spent convictions;

    (c)     pending charges;

    (d)     non-conviction charges;

    (e)     if available, information held by law enforcement agencies about the circumstances of an offence or alleged offence, such as the following:

        (i)     when the offence was committed, or alleged to have been committed;

        (ii)     the age of the offender or alleged offender;

        (iii)     the age of the victim;

        (iv)     whether the offence or alleged offence involved or was intended to involve a vulnerable person, including a person with disability;

        (v)     the relationship, if any, between the offender or alleged offender and any vulnerable person or person with disability involved in the offence;

        (vi)     the circumstances and nature of the behaviours constituting or involved with the offence or alleged offence;

        (vii)     other factors relevant to a decision about whether a person poses a risk of harm to people with disability.