Victorian Numbered Acts Victorian Numbered Acts(1) An application for an NDIS check is an NDIS category C application if it is in respect of a person—
(a) who is charged with or has at any time been convicted or found guilty of an offence other than an NDIS category A offence or an NDIS category B offence; or
(b) who is charged with or has at any time been convicted or found guilty of an NDIS category A offence or an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was a child; or
(c) who has at any time been charged with an NDIS category A offence or an NDIS category B offence if the charge has been finally dealt with other than by way of conviction or finding of guilt; or
(d) who has at any time been convicted or found guilty outside Australia of an offence that if committed in Victoria would be an NDIS category A offence or an NDIS category B offence; or
(e) who has at any time been subject to a relevant disciplinary or regulatory finding; or
(f) who has been assessed by the Secretary to the Department of Health and Human Services as posing an unacceptable risk to persons with a disability or NDIS participants; or
(g) who has been the subject of any relevant civil penalty imposed under the NDIS Act; or
(h) who, not more than 5 years before the application was made, was given a WWC exclusion on a WWC category C application or WWC category C re-assessment.
Note
For examples of the ways a charge may be finally dealt with, see section 6(1).
(2) For the purposes of this section, if the conduct constituting an offence or alleged to constitute an offence occurs between 2 dates, one on which the person was a child and one on which the person was an adult, that conduct occurs when the person was an adult.