Victorian Numbered Acts

WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 46

The Secretary must not revoke an NDIS clearance on an NDIS category C re-assessment unless satisfied that the person poses 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 person engaged, or allegedly engaged, in the conduct;

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

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

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

        (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 engaged, or allegedly engaged, in the conduct;

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

Division 4—Intention to revoke NDIS clearance