Victorian Numbered Acts Victorian Numbered Acts(1) On a review of an NDIS category B decision, VCAT must determine that it is appropriate to refuse to give the applicant an NDIS clearance unless satisfied that there are exceptional circumstances.
(2) In determining whether there are exceptional circumstances, VCAT must have regard to the following—
(a) the nature, gravity and circumstances of the offence or alleged offence;
(b) the period of time that has passed since the offence or alleged offence was committed;
(c) the vulnerability of the victim at the time the offence or alleged offence was committed;
(d) the applicant's relationship to the victim at the time the offence or alleged offence was committed;
(e) whether the applicant had a position of authority in relation to the victim at the time the offence or alleged offence was committed;
(f) the applicant's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;
(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence;
(h) all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history;
(i) any other matter that VCAT considers relevant.
(3) Even if VCAT is satisfied under subsection (1) that there are exceptional circumstances, VCAT must determine that it is appropriate to refuse to give the applicant an NDIS clearance unless it is satisfied that it is in the public interest to give the clearance.