Victorian Numbered Acts

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WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 15

How to apply for an NDIS check

    (1)     An application for an NDIS check must—

        (a)     be in the approved application form for an NDIS check; and

        (b)     subject to subsection (3), be signed by the applicant; and

        (c)     be accompanied by the approved identifying information; and

        (d)     include the authorisations and consents referred to in subsection (2); and

        (e)     be accompanied by the prescribed application fee; and

        (f)     include any prescribed information.

    (2)     An applicant for an NDIS check must—

        (a)     authorise the conduct of a police record check on the applicant in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and

        (b)     consent to enquiries being made about the applicant to any authorised entity or any disciplinary or regulatory entity in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and

        (c)     authorise the disclosure of any relevant information by an authorised entity or a disciplinary or regulatory entity for the purposes of the enquiries described in paragraph (b); and

        (d)     consent to enquiries being made about the applicant in connection with the consideration of the application to the Secretary to the Department of Health and Human Services in relation to whether the applicant has been assessed as posing an unacceptable risk to persons with a disability or NDIS participants; and

        (e)     authorise the disclosure of the outcome of the application to the NDIS Commission.

    (3)     The Secretary must enable reasonable modifications to be made in relation to the requirement set out in subsection (1)(b) if the applicant has a disability that prevents the applicant signing an application.

    (4)     Despite subsection (1)(c), the Secretary may consider an application that does not include all the approved identifying information.

    (5)     If the Secretary receives an application that does not include all the information required by this section, the Secretary may require the applicant to provide the information, in the manner required by the Secretary, within 28 days or any longer period determined by the Secretary.

    (6)     If an applicant has included approved identifying information for a previous application for an NDIS check completed within 5 years and 3 months before the current application, the Secretary may exempt the applicant from the requirement to provide approved identifying information under subsection (1)(c).



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