Victorian Numbered Acts

WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 28

The Secretary must give an NDIS clearance on an NDIS category C application if the Secretary is satisfied that the applicant does not pose an unacceptable risk of harm to persons with a disability, having regard to the following—

        (a)     the nature, gravity and circumstances of the conduct;

        (b)     the period of time that has passed since the applicant engaged, or allegedly engaged, in the conduct;

        (c)     the vulnerability of the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

        (d)     the applicant's relationship to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

        (e)     whether the applicant had a position of authority in relation to the victim at the time the applicant engaged, or allegedly engaged, in the conduct;

        (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 engaged, or allegedly engaged, in the conduct;

        (h)     all other relevant circumstances in respect of the applicant's offending, misconduct or other relevant history.

Division 4—Intention to give NDIS exclusion on application for NDIS check