Victorian Numbered Acts

WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 43

    (1)     A re-assessment is an NDIS category B re-assessment if the Secretary is required to re-assess a person's eligibility to hold an NDIS clearance because the Secretary is notified that—

        (a)     the person has been charged with an NDIS category A offence if the conduct alleged to constitute that offence occurred when the person was an adult; or

        (b)     the person has been charged with, convicted or found guilty of an NDIS category B offence if the conduct constituting or alleged to constitute that offence occurred when the person was an adult.

    (2)     A re-assessment is an NDIS category B re-assessment if the Secretary is required to re-assess the person's eligibility to hold an NDIS clearance because the Secretary is notified the person has been convicted or found guilty of an NDIS category A offence specified in clauses 59 to 71 of Schedule 1 and—

        (a)     the conduct constituting that offence occurred when the person was an adult; and

        (b)     the victim of the offence was a child aged at least 14 years when the conduct constituting the offence occurred; and

        (c)     the person was not more than 5 years older than the victim when the conduct constituting the offence occurred; and

        (d)     the commission of the offence did not involve violence or coercion.

    (3)     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.