Victorian Numbered Acts Victorian Numbered Acts(1) A person who has been given an NDIS exclusion is not entitled to make a further application under section 15 until 5 years have elapsed after the date on which that exclusion was given unless, since that date, there has been a relevant change in circumstances.
(2) For the purposes of subsection (1) a relevant change in circumstances is—
(a) a charge that was pending at the date of the NDIS exclusion being finally dealt with without the person being found guilty of the offence; or
(b) a finding of guilt being quashed or set aside by a court after the date on which the NDIS exclusion was given; or
(c) the person ceasing to be subject to reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004 ; or
(d) the person being no longer subject to a supervision order, a detention order or an emergency detention order; or
(e) a relevant disciplinary or regulatory finding being quashed or set aside expressly or impliedly after the date on which the NDIS exclusion was given; or
(f) the person's WWC exclusion being deemed void under section 77 or being set aside, rendered inoperative or otherwise invalidated.
(3) If a person who has been given an NDIS exclusion is subsequently given an NDIS clearance under a further application made under section 15(1), the NDIS exclusion is deemed to be void and of no effect from the date the NDIS clearance is given.
Part 2.4—Re-assessment of eligibility to hold NDIS clearance
Division 1—Re-assessment of eligibility to hold NDIS clearance