Victorian Numbered Acts

WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 44

The Secretary must revoke an NDIS clearance on an NDIS category B re-assessment, unless satisfied that there are exceptional circumstances having regard to the following—

        (a)     the nature, gravity and circumstances of the offence or alleged offence;

        (b)     the period of time that has passed since the offence or alleged offence was committed;

        (c)     the vulnerability of the victim at the time the offence or alleged offence was committed;

        (d)     the person's relationship to the victim at the time the offence or alleged offence was committed;

        (e)     whether the person had a position of authority in relation to the victim at the time the offence or alleged offence was committed;

        (f)         the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;

        (g)     the person's behaviour since the person committed, or allegedly committed, the offence;

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