18S—Cancellation of NDIS worker check clearance
(1) The central
assessment unit must cancel the clearance of a person if the
central assessment unit becomes aware that the person is a
disqualified person, or a risk assessment determines that the person poses a
risk of harm to people with disability.
Note—
See also section 18K.
(2) Without limiting
subsection (1) or section 18W, the central assessment unit may
cancel a clearance for any of the following reasons:
(a) the
central assessment unit is not satisfied that the person is or will be engaged
to do NDIS work;
(b) the
clearance was granted pursuant to an application that was not valid;
(c) the
clearance was granted because of a mistake and should not have been granted.
(3) If the
central assessment unit proposes to cancel a clearance other than because the
person is a disqualified person, the central assessment unit must notify the
person in writing of the proposed cancellation and that the person may make a
submission to the central assessment unit within the period specified in the
notice.
(4) The
central assessment unit must consider any submission made by the person within
the specified period before finally deciding whether to cancel the clearance.
(5) The
central assessment unit must notify the holder of a clearance in writing of
the central assessment unit's decision to cancel the clearance.
(6) Subject to this
Part, notice of the decision must set out the reasons for the cancellation and
any right to seek a review of the decision under this Part.
(7) The
central assessment unit may give written notice of the cancellation of a
clearance to any person that the central assessment unit reasonably believes
to be a notifiable person in relation to the holder of the clearance.