Western Australia: National Disability Insurance Scheme (Worker Screening) Act 2020 (WA)

Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Act binds Crown 1 4. Paramount consideration 1 5. Terms used 1 6. Class 1 offence and Class 2 offence 1 7. Conviction 1 8. Disqualified person and presumptively disqualified person 1 9. Conduct, circumstances and criminal matters before commencement of Act 1 Part 2 — NDIS worker check clearances and exclusions Division 1 — Applications for clearance 10. Making an application 1 11. Certain persons not entitled to apply 1 12. Determination of application 1 13. Interim bar 1 14. Notice of proposed refusal of application 1 15. Notice of final decision 1 16. Withdrawal of application 1 Division 2 — Risk assessment 17. Nature of risk assessment 1 18. Circumstances in which risk assessment will occur 1 19. Risk assessment of presumptively disqualified person 1 20. Matters to be considered in risk assessment 1 Division 3 — Duration and renewal of clearances 21. Duration of clearances 1 22. Application for further clearance 1 Division 4 — Suspension and cancellation of NDIS worker check clearance certificates 24. Suspension of NDIS worker check clearance certificates 1 25. Cancellation of NDIS worker check clearance certificates 1 26. Cancellation at request of holder 1 Division 5 — Exclusions 27. Duration of exclusion 1 28. Cancellation of NDIS worker check exclusion certificate 1 Division 6 — Change in criminal record or other information 29. Meaning of relevant change in criminal record and requirement to give notice of that change 1 30. Applicant must notify CEO of relevant change in criminal record 1 31. Person holding clearance must notify CEO of relevant change in criminal record 1 32. Change in particulars 1 Part 3 — Information gathering and sharing Division 1 — Criminal record checks 33. CEO may carry out criminal record checks 1 Division 2 — General power to obtain, provide and use information 34. General power to obtain, provide and use information 1 Division 3 — Provision of specific information 35. Provision of information by police and other officials or bodies 1 36. Provision of information by registration and regulatory authorities 1 Division 4 — Information sharing for national register or database 37. Information sharing for national register or database 1 Division 5 — Ability to require the provision of information 38. Power to require information from clearance holder 1 39. Power to require reports from CEO (Justice) 1 Division 6 — Related provisions 40. Access to police information 1 41. Access to other information 1 42. Provision of information to NDIS employers 1 43. Provision of information to certain bodies 1 44. Disclosure of information to prevent harm 1 Part 4 — Review Division 1 — Internal review 45. Terms used 1 46. Application for internal review 1 47. Extension of time to apply for internal review 1 48. Consideration of application for internal review 1 49. Withdrawal of application 1 Division 2 — External review 50. Terms used 1 51. Application for external review 1 Part 5 — Authorised officers and enforcement Division 1 — Preliminary 52. Terms used 1 Division 2 — Authorised officers 53. Designation of authorised officers 1 54. Identity cards 1 Division 3 — Powers of investigation 55. Entry to places 1 56. Powers after entering place 1 57. Directions to provide information or documents 1 58. Additional powers for relevant records 1 59. Offence to contravene directions 1 60. Exercise of powers may be recorded 1 61. Assistance and use of force to exercise power 1 62. Procedure of seizing things 1 63. Application of Criminal and Found Property Disposal Act 2006 1 Division 4 — Entry warrants 64. Application for entry warrant 1 65. Issue and content of entry warrant 1 66. Refusal of entry warrant 1 67. Effect of entry warrant 1 Part 6 — General 68. Offence to work without clearance, without having applied for clearance or if subject to an exclusion 1 69. Offence to give false or misleading information 1 70. Service of documents 1 71. Offence to use or disclose information obtained 1 72. Ability to provide information and protection from liability 1 73. Protection from personal liability 1 74. Failure to give notice of decision 1 75. Protection of legal professional privilege 1 76. Effect of Act on other rights and procedures 1 77. Evidentiary matters 1 78. Delegation by CEO 1 79. Delegation by prescribed authorities 1 80. Commencement of proceedings 1 81. Regulations 1 82. Transitional regulations 1 83. Review of Act 1 Part 7 — Consequential amendments to other Acts Division 1 — Spent Convictions Act 1988 amended 84. Act amended 1 85. Section 28 amended 1 86. Schedule 3 amended 1 3. Exceptions as to spent convictions relating to the protection of people with disability 1 Division 2 — Working with Children (Criminal Record Checking) Act 2004 amended 87. Act amended 1 88. Section 4 amended 1 89. Section 37A inserted 1 37A. Exchange of information under National Disability Insurance Scheme (Worker Screening) Act 2020 1 90. Section 39A inserted 1 39A. Ability to provide information and protection from liability 1 Schedule 1 — Class 1 offences Schedule 2 — Class 2 offences Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 An Act to provide for the screening of workers in connection with the operation of the National Disability Insurance Scheme and to amend certain other Acts as a consequence of this Act. Part 1 — Preliminary 1. Short title This is the National Disability Insurance Scheme (Worker Screening) Act 2020. 2. Commencement (1) This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent (assent day); (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. (2) However — (a) if no day is fixed under subsection (1)(b) before the end of the period of 10 years beginning on assent day, this Act is repealed on the day after that period ends; or (b) if paragraph (a) does not apply, and a provision of this Act does not come into operation before the end of the period of 10 years beginning on assent day, that provision is repealed on the day after that period ends. 3. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 4. Paramount consideration In performing a function under this Act, the CEO or the State Administrative Tribunal must regard the safety and wellbeing of people with disability and, in particular, their right to live free from abuse, violence, neglect and exploitation, as the paramount consideration. 5. Terms used (1) In this Act — Aboriginal child means a child who is a descendant of the Aboriginal people of Australia; adult means a person who has reached 18 years of age; another jurisdiction means a jurisdiction other than this State (including jurisdictions outside Australia); approved means approved by the CEO; authorised officer means an officer designated under section 53 for the purposes of this Act or for the purposes of the provision in which the term is used; authorised person means — (a) a person or body exercising functions in the operation or administration of a relevant law; or (b) the NDIS Commission; or (c) a law enforcement agency of this State or another jurisdiction; or (d) a person or body prescribed by the regulations for the purposes of this definition; CEO means the chief executive officer of the Department; CEO (Justice) means the chief executive officer of the department of the Public Service principally assisting in the administration of the Sentence Administration Act 2003 Part 8; charge means a non‑conviction charge or a pending charge; child means a person who is under 18 years of age; Class 1 offence — see section 6(1); Class 2 offence — see section 6(2); Class 3 offence means an offence (including an offence under a law of another jurisdiction) that is not a Class 1 offence or a Class 2 offence; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; contact includes any form of face‑to‑face or physical contact, and communication, whether oral, written or electronic; conviction — see section 7; corresponding law means a law of another State or a Territory that — (a) contains provisions that substantially correspond with the provisions of this Act; and (b) is prescribed by the regulations as a corresponding law for the purposes of this Act; court means a court constituted in this State or another jurisdiction; criminal record, in relation to a person, means — (a) every conviction of the person for an offence in this State or another jurisdiction; and (b) every charge made against the person for an offence in this State or another jurisdiction; criminal record check means the procedures set out in section 33 to enable the CEO to determine whether a person has a criminal record and, if so, to obtain related information about the person; criminal records agency means — (a) the Commissioner of Police; or (b) the Commissioner of the Australian Federal Police; or (c) the Commissioner (however designated) of the police force of another jurisdiction; or (d) a person or body that is — (i) established or constituted under the law of another jurisdiction; and (ii) prescribed by the regulations for the purposes of this definition; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; designated person means a person who has — (a) applied for a clearance under this Act or a corresponding law; or (b) a clearance under this Act or a corresponding law; or (c) applied to cancel an NDIS worker check exclusion certificate under this Act or a corresponding law; or (d) applied for an internal review or external review under this Act or a corresponding law; disqualified person — see section 8(1); DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991 section 5 or a person or body exercising functions that substantially correspond to the functions of the Director of Public Prosecutions under the law of another jurisdiction; engage includes to engage or act in any of the following capacities — (a) as a paid or unpaid employee; (b) as a self‑employed person or as a contractor or subcontractor; (c) as a volunteer; exclusion means a decision on which an NDIS worker check exclusion certificate is issued; family member, in relation to a child, means — (a) a parent, grandparent, brother, sister, uncle, aunt or cousin of the child, whether the relationship is established by, or traced through, consanguinity, marriage, a de facto relationship, a written law or a natural relationship; or (b) for an Aboriginal child — a person regarded under the customary law or tradition of the child's community as the equivalent of a person mentioned in paragraph (a); or (c) for a Torres Strait Islander child — a person regarded under the customary law or tradition of the Torres Strait Islands as the equivalent of a person mentioned in paragraph (a); or (d) a person determined by the CEO to be in a relationship with the child that is similar to a relationship mentioned in paragraph (a); government agency means — (a) a department of the Public Service; or (b) a government department established or constituted under a law of another jurisdiction; or (c) a body, whether incorporated or not, that is established, constituted or continued for a public purpose under a written law of this State or another jurisdiction and that, under the authority of a written law of this State or another jurisdiction, performs a statutory function on behalf of this State or a government of another jurisdiction; harm includes but is not limited to any detrimental effect on a person's physical, sexual, psychological, emotional or financial wellbeing; health professional means a person who is — (a) a health practitioner registered under the Health Practitioner Regulation National Law (Western Australia); or (b) in a class of persons prescribed for the purposes of this definition; interstate screening agency means a person or body exercising functions in the operation or administration of a corresponding law that substantially correspond to the functions of the CEO under this Act; key personnel has the meaning given in the NDIS Act section 11A; National Disability Insurance Scheme has the meaning given in the NDIS Act section 9; NDIS Act means the National Disability Insurance Scheme Act 2013 (Commonwealth) and includes any regulations or rules under that Act; NDIS Commission means the NDIS Quality and Safeguards Commission established under the NDIS Act section 181A; NDIS employer means a person who engages a person to do NDIS work; NDIS purpose — (a) means any purpose that is for, or connected with, the operation or administration of, or compliance with, a relevant law (insofar as may be relevant to the National Disability Insurance Scheme); and (b) includes any of the following purposes — (i) verifying the identity of a person who is, or who has at any time been, an applicant for, or the holder of, a clearance under this Act or a corresponding law; (ii) considering and deciding a person's application for a clearance under this Act or a corresponding law; (iii) assessing and determining under this Act or a corresponding law whether a person poses a relevant risk of harm; (iv) assessing and determining whether a risk assessment of a person is required under this Act or a corresponding law; (v) ongoing monitoring of a person who holds a clearance under this Act or a corresponding law for the purpose of determining whether the person requires a risk assessment or poses a relevant risk of harm; (vi) considering and deciding a person's application for the cancellation of an NDIS worker check exclusion certificate under this Act or a corresponding law; (vii) conducting an internal review or external review under this Act or a corresponding law; NDIS work — (a) means work comprising, or connected with, the provision of supports or services to people with disability under the National Disability Insurance Scheme; and (b) includes work that — (i) is the subject of requirements under the NDIS Act for a person to have a clearance under this Act or a corresponding law in order to be allowed by a registered NDIS provider to engage in that work; or (ii) is undertaken in the exercise or performance by a person of a power or duty delegated to the person by the CEO under this Act; or (iii) the CEO is satisfied is work in respect of which it is otherwise necessary or convenient for a person to have a clearance to facilitate the person's engagement in particular work; but (c) does not include, if the regulations so provide, work that is carried out in circumstances, or by a person, prescribed by the regulations for the purposes of this definition; NDIS worker check clearance or clearance means a clearance granted under section 15(1) or 28(7) or under a corresponding provision under a corresponding law (however a clearance may be described under the corresponding law); NDIS worker check clearance certificate means a certificate issued on the granting of a clearance; NDIS worker check exclusion certificate means a certificate issued under section 15(4) or 25(11) or (14) or under a corresponding provision under a corresponding law (however such a certificate may be described under the corresponding law); non‑conviction charge means a charge for an offence that has been disposed of by a court otherwise than by way of a conviction, and has a meaning affected by subsection (5); notifiable person, in relation to an applicant for a clearance or the holder of an NDIS worker check clearance certificate under this Act, means — (a) any person who proposes to engage, or who engages, the applicant or holder in NDIS work, as has been made known to the CEO under, or for the purposes of, this Act; or (b) any other person prescribed by the regulations for the purposes of this definition; officer means a person employed in, or engaged by, the Department whether as a public service officer under the Public Sector Management Act 1994, under a contract for services, or otherwise; pending charge means a charge for an offence that has not yet been disposed of by a court; presumptively disqualified person — see section 8(2); public authority means — (a) a department of the Public Service; or (b) a body, whether incorporated or not, that is established, constituted or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of this State; or (c) an entity established by or under the Health Practitioner Regulation National Law (Western Australia); or (d) any other entity prescribed by the regulations for the purposes of this definition; relevant information, in relation to a person, means — (a) information relevant to verifying the identity of the person; or (b) information about the person disclosed in an application for a clearance, or for the cancellation of an NDIS worker check exclusion certificate, under this Act or a corresponding law; or (c) information relating to the person's criminal record, and any other information relating to the person that is connected with, or otherwise related to, a conviction or charge mentioned in a criminal record; or (d) information about workplace misconduct by the person in this or another jurisdiction, being misconduct that concerns persons to whom a relevant risk of harm relates; or (e) information about any order imposed on the person by a court or tribunal relating to child protection, apprehended violence or domestic or family violence in this or another jurisdiction; or (f) information relevant to determining whether the person requires a risk assessment under this Act or a corresponding law; or (g) information about the person's clearance history; or (h) information about any current or past engagement of the person by an NDIS employer in this State or another State or a Territory; or (i) other information relevant to determining whether the person poses a relevant risk of harm; or (j) information about — (i) the status of any application under this Act; or (ii) any process or step that is being taken, or has been taken, under a relevant law; or (iii) any certificate held, suspended or cancelled under this Act or a corresponding law; or (iv) any interim bar imposed under this Act or a corresponding law; or (k) any other information prescribed by the regulations for the purposes of this definition; relevant law means — (a) this Act; or (b) a corresponding law; or (c) the NDIS Act; relevant risk of harm means risk of harm to people with whose protection a relevant law is concerned; risk assessed role means — (a) a key personnel role of a person or an entity; or (b) a role for which the normal duties include the direct delivery of specified supports or specified services to a person with disability; or (c) a role for which the normal duties are likely to require more than incidental contact with a person with disability; risk assessment has the meaning given in section 17(1); Torres Strait Islander child means a child who is a descendant of the indigenous inhabitants of the Torres Strait Islands; unacceptable risk means the risk described in section 17; vulnerable person means an adult who is, or may be, unable to care for themselves, or unable to protect themselves from harm or exploitation, due to age, illness or disability. (2) For the purposes of this Act — (a) a self‑employed person who does NDIS work will be taken to be an NDIS employer who engages themselves to do that work; and (b) a person may do NDIS work as a volunteer in their own right and, in this case, the person is taken to be self‑employed as a volunteer. (3) For the purposes of the definition of relevant information in subsection (1), a person's clearance history is the history of action taken under a relevant law in respect of — (a) an application for a clearance by the person, or a clearance granted to the person under this Act or a corresponding law, including any risk assessment, determination, imposition of an interim bar, refusal of an application, or suspension or cancellation of an NDIS worker check clearance certificate under this Act or a corresponding law; or (b) an application for the cancellation of an NDIS worker check exclusion certificate under this Act or a corresponding law. (4) For the purposes of the definition of risk assessed role in subsection (1), and without limiting what may constitute more than incidental contact, the normal duties of a role are likely to require more than incidental contact with a person with disability if those duties include — (a) physically touching a person with disability; or (b) building a rapport with a person with disability as an integral and ordinary part of the performance of those duties; or (c) having contact with multiple people with disability — (i) as part of the direct delivery of a specialist disability support or service; or (ii) in a specialist disability accommodation setting. (5) A reference in this Act to a non‑conviction charge includes a reference to an expunged conviction as defined in the Historical Homosexual Convictions Expungement Act 2018 section 3(1). (6) Subsection (5) applies despite anything in the Historical Homosexual Convictions Expungement Act 2018. (7) Except where the contrary intention appears, a term used in this Act that is defined in the NDIS Act has the same meaning in this Act as it has in that Act. 6. Class 1 offence and Class 2 offence (1) A Class 1 offence is — (a) an offence against a provision listed in Schedule 1 (if the offence complies with any condition specified in that Schedule or prescribed by the regulations); or (b) an offence under a law of another jurisdiction the elements of which, if they had occurred in this State, would have constituted an offence of a kind referred to in this subsection; or (c) an offence under a law of this State or another jurisdiction that is prescribed by the regulations to be a Class 1 offence; or (d) an offence that, at the time it was committed or alleged to have been committed — (i) was a Class 1 offence for the purposes of this Act; or (ii) in the case of an offence committed, or alleged to have been committed, before the commencement of this section — was an offence of a kind referred to in this subsection; or (e) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in paragraphs (a) to (d). (2) A Class 2 offence is — (a) an offence against a provision listed in Schedule 2 (if the offence complies with any condition specified in that Schedule or prescribed by the regulations); or (b) an offence under a law of another jurisdiction the elements of which, if they had occurred in this State, would have constituted an offence of a kind referred to in this subsection; or (c) an offence under a law of this State or another jurisdiction that is prescribed by the regulations to be a Class 2 offence; or (d) an offence that, at the time it was committed or alleged to have been committed — (i) was a Class 2 offence for the purposes of this Act; or (ii) in the case of an offence committed, or alleged to have been committed, before the commencement of this section — was an offence of a kind referred to in this subsection; or (e) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in paragraphs (a) to (d). (3) An offence ceases to be classified as a Class 1 offence or a Class 2 offence if a pardon is granted in relation to the offence. (4) For the purposes of Schedule 1 or 2, an offence falls within the ambit of this subsection if — (a) the victim of the offence is a child who has reached 14 years of age; and (b) the age difference between the victim and the offender does not exceed 5 years. 7. Conviction (1) For the purposes of this Act, a reference to a conviction, in relation to an offence committed by a person, is a reference to any of the following — (a) a court making a formal finding of guilt in relation to the offence; (b) a court convicting the person of the offence, if there has been no formal finding of guilt before conviction; (c) a court accepting a plea of guilty from the person in relation to the offence; (d) a court acquitting the person following a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or an acquittal following an equivalent finding under a law of another jurisdiction; (e) a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under a law of another jurisdiction. (2) For the purposes of this Act, a reference to a conviction includes a reference to a conviction that is a spent conviction. (3) For the purposes of subsection (2), an offence becomes spent if, under a law of this State or another jurisdiction, the person concerned is permitted not to disclose the fact that the person was convicted or found guilty of the offence. (4) For the purposes of this Act, a reference to a conviction does not include a reference to a conviction that is subsequently quashed or set aside by a court. [Section 7 amended: No. 10 of 2023 s. 390 and 412.] 8. Disqualified person and presumptively disqualified person (1) For the purposes of this Act, a person is a disqualified person if the person has a conviction for a Class 1 offence committed by the person when an adult. (2) For the purposes of this Act, a person is a presumptively disqualified person if — (a) there is a pending charge against the person for an offence that is a Class 1 offence or a Class 2 offence alleged to have been committed by the person when an adult; or (b) the person has a conviction for a Class 2 offence committed by the person when an adult; or (c) the person — (i) has a conviction for a Class 3 offence committed by the person when an adult; and (ii) the offence was committed against, towards, or in the presence of, a child or vulnerable person; and (iii) the CEO reasonably believes that in the course of committing the offence the person performed an indecent act. 9. Conduct, circumstances and criminal matters before commencement of Act (1) This Act extends to conduct and circumstances occurring before the commencement of this section. (2) References in this Act to convictions and charges extend to — (a) convictions and charges that relate to events that occurred when a person was a child; and (b) convictions and charges that occurred or were laid before the commencement of this section. Part 2 — NDIS worker check clearances and exclusions Division 1 — Applications for clearance 10. Making an application (1) Subject to subsection (2), a person may apply to the CEO for an NDIS worker check clearance in accordance with this section if the person is engaged, or proposed to be engaged, in NDIS work. (2) An applicant must — (a) reside, or intend to reside, in this State; or (b) undertake, or intend to undertake, NDIS work in this State. (3) The application must be — (a) in the approved form; and (b) accompanied by the fee prescribed by the regulations. (4) The approved form must include provision for information — (a) for the purposes of identifying the applicant; and (b) about the person who has engaged, or who is proposing to engage, the applicant in NDIS work. (5) The approved form may require the provision of such other information as the CEO thinks fit. (6) The approved form may also provide for authorisation by the applicant of, and consent by the applicant to, the following — (a) the making of inquiries about the applicant by the CEO for an NDIS purpose; (b) the obtaining of relevant information about the applicant by the CEO from any person or body for an NDIS purpose; (c) the disclosure of relevant information about the applicant by the CEO to any person or body for an NDIS purpose. (7) An authorisation or consent under this section is not limited to operating for the purposes of an application for a clearance and extends to the making of inquiries, and the obtaining and disclosure of information or documents, in connection with and for the purposes of the ongoing monitoring of the holder of a clearance. (8) An authorisation or consent under this section does not require the applicant to be given notice of the making of inquiries or the obtaining or disclosure of information or documents pursuant to the authorisation or consent. (9) On receiving an application, the CEO may ask the applicant, by written notice or otherwise, to provide any further information or documents, within a reasonable specified period, that the CEO reasonably needs for the proper consideration of the application. (10) The regulations may prescribe — (a) other requirements that apply in relation to an application or the consideration of an application; and (b) circumstances where an application is taken to be cancelled. 11. Certain persons not entitled to apply (1) A person must not apply for a clearance if the person — (a) is a disqualified person who has been refused a clearance, or has had a clearance cancelled, under this Act or a corresponding law; or (b) has made an application for a clearance under this Act or a corresponding law and that application is pending; or (c) currently has a clearance under this Act or a corresponding law, unless the application is made no more than 3 months before the expiry of the clearance or as provided by section 23(1)(c); or (d) is subject to a 5‑year ban on applying for a clearance following refusal or cancellation of a clearance, as provided by subsection (2). (2) Subject to subsection (3), a person who has had a clearance refused or cancelled under this Act or a corresponding law is not entitled to apply for a clearance for 5 years following the refusal or cancellation. (3) Subsection (2) does not apply in relation to a cancellation that was made — (a) at the request of the person under this Act or a corresponding law; or (b) by the CEO acting under section 25(2) or 38(2) or an interstate screening agency acting under an equivalent provision under a corresponding law. (4) This section does not limit the operation of section 28. 12. Determination of application (1) An application for a clearance made in accordance with this Part cannot be determined until the CEO has, in respect of the applicant — (a) carried out a criminal record check; and (b) considered any information provided by the NDIS Commission in relation to the applicant. (2) Subsection (1) does not limit — (a) any other step or inquiry that the CEO may take under this Act before determining an application for a clearance; or (b) any other process or requirement under this Act as to the assessment of an application for a clearance. (3) An application for a clearance must be refused by the CEO if — (a) the applicant is a disqualified person (and in such a case a risk assessment will not be conducted under Division 2); or (b) a risk assessment of the applicant is conducted under Division 2 and the CEO determines that there is an unacceptable risk that the applicant may cause harm to people with disability in the course of carrying out NDIS work. (4) The CEO may suspend consideration of an application pending the outcome of any process, step or inquiry under a corresponding law. 13. Interim bar (1) The CEO may, at any time after receiving an application for a clearance but before the application is determined, impose an interim bar on the applicant — (a) if the CEO is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that there is an unacceptable risk that the applicant may cause harm to people with disability in the course of carrying out NDIS work; or (b) on any other ground the CEO determines to be appropriate in the circumstances. (2) The CEO must impose an interim bar if the CEO has information which indicates — (a) that the applicant is a disqualified person or a presumptively disqualified person; or (b) that the applicant was issued with an NDIS worker check exclusion certificate on the last occasion when the applicant applied for a clearance under a corresponding law; or (c) in the case of an applicant who has previously held an NDIS worker check clearance certificate under a corresponding law — that on the last occasion on which the applicant held such a certificate, the clearance was cancelled and the applicant was issued with an NDIS worker check exclusion certificate; or (d) that the applicant is the subject of a risk assessment under a corresponding law. (3) The CEO imposes an interim bar by giving written notice of the interim bar to the applicant. (4) The CEO may give written notice of an interim bar to — (a) any person that the CEO reasonably believes to be a notifiable person in relation to the applicant; and (b) the NDIS Commission; and (c) any person or body exercising functions in the operation or administration of a relevant law. (5) The CEO may, if the CEO considers it appropriate to do so, by giving written notice to the applicant, revoke an interim bar. (6) Unless sooner revoked, an interim bar ceases to have effect when the application to which the interim bar relates is granted or refused. (7) The CEO must give any person or body that received a notice under subsection (4) written notice of — (a) the revocation of the interim bar under subsection (5); or (b) the interim bar ceasing to have effect under subsection (6). 14. Notice of proposed refusal of application (1) If the CEO proposes to refuse to grant a clearance to an applicant, the CEO must give written notice to the applicant — (a) of the proposed decision; and (b) that the applicant may make a submission to the CEO, in writing or in an approved form, within the period (being a period of at least 28 days) specified in the notice. (2) Before deciding the application, the CEO — (a) must consider any submission made by the applicant within the period specified in the notice under subsection (1); and (b) may, if the CEO thinks fit, consider any submission made after the expiration of that period. (3) If the applicant is a disqualified person, the only submission that the applicant may make is that the applicant's criminal record does not include a conviction for a Class 1 offence committed by the person as an adult. 15. Notice of final decision (1) The CEO must decide an application for a clearance under this Act — (a) by granting a clearance to the applicant; or (b) by refusing to grant a clearance to the applicant. (2) The CEO must give written notice to the applicant of the CEO's decision on the application. (3) In the event of a decision to grant a clearance, the notice of the decision must be accompanied by an NDIS worker check clearance certificate. (4) In the event of a decision to refuse a clearance, the notice must — (a) set out the reasons for the decision; and (b) state that the applicant may, within 28 days after the date of the notice, apply to the CEO under Part 4 Division 1 for an internal review of the decision; and (c) explain how the application for review is made; and (d) be accompanied by an NDIS worker check exclusion certificate. (5) A certificate under this section may be in a form, or represented in any manner, determined by the CEO. (6) The CEO may give notice of the CEO's decision on an application to — (a) any person that the CEO reasonably believes to be a notifiable person in relation to the applicant; and (b) the NDIS Commission; and (c) any person or body exercising functions in the operation or administration of a relevant law. 16. Withdrawal of application (1) Subject to this section, an application for a clearance may be withdrawn in an approved manner. (2) An application cannot be withdrawn under subsection (1) if — (a) the applicant is subject to an interim bar; or (b) the CEO has notified the applicant that the CEO proposes to refuse to grant a clearance to the applicant and has not yet determined the application; or (c) the withdrawal would be contrary to any provision made by the regulations. (3) In addition, an application for a clearance is taken to be withdrawn if subsection (4), (5) or (6) applies. (4) This subsection applies if — (a) the applicant has failed to provide to the CEO any information or documents the CEO requires for the purposes of the application under section 10; and (b) the CEO has given the applicant a written notice stating that the application is taken to be withdrawn. (5) This subsection applies if — (a) an NDIS employer or proposed NDIS employer identified by the applicant fails, within a period determined by the CEO to be reasonable in the circumstances, to verify that they have engaged, or propose to engage, the applicant in NDIS work; and (b) the CEO has given the applicant a written notice stating that the application is taken to be withdrawn. (6) This subsection applies if — (a) an NDIS worker check exclusion certificate is issued to the applicant under a corresponding law after the application for a clearance is made under this Act; and (b) the CEO has given the applicant a written notice stating that the application is taken to be withdrawn. (7) The CEO may give written notice of a withdrawal under subsection (1) or (3) to — (a) any person that the CEO reasonably believes to be a notifiable person in relation to the applicant; and (b) the NDIS Commission; and (c) any person or body exercising functions in the operation or administration of a relevant law. Division 2 — Risk assessment 17. Nature of risk assessment (1) A risk assessment is an assessment and determination by the CEO as to whether there is an unacceptable risk that a person may cause harm to people with disability in the course of carrying out NDIS work. (2) The following principles are relevant to determining whether a risk is an unacceptable risk to people with disability — (a) the risk may arise from conduct that is intended or otherwise; (b) the risk may arise from conduct that is attributable to a single act, omission or circumstance, or a series or combination of acts, omissions or circumstances (whether actual or alleged); (c) the risk does not need to arise from recent events; (d) the risk may arise whether or not harm has been shown to have resulted from any past or alleged conduct; (e) the risk does not need to be based on an assessment as to whether any conduct is likely to reoccur; (f) the risk does not need to be likely. (3) The following matters are irrelevant to determining whether a risk is an unacceptable risk to people with disability — (a) whether any alleged conduct has not been proved beyond reasonable doubt or on the balance of probabilities; (b) the adverse impact on a person of a decision that will prevent them from holding, or continuing to hold, an NDIS worker check clearance certificate; (c) any potential benefit that will result from a person holding, or continuing to hold, an NDIS worker check clearance certificate. 18. Circumstances in which risk assessment will occur (1) A risk assessment of an applicant for a clearance must be conducted by the CEO if — (a) the CEO is aware of a pending charge against the applicant in respect of a Class 1 offence or a Class 2 offence; or (b) the CEO is aware that the applicant has a non‑conviction charge in respect of a Class 1 offence or a Class 2 offence; or (c) the CEO is aware that the applicant has been convicted of a Class 1 offence or a Class 2 offence for which a pardon has been granted; or (d) the CEO is aware of a Class 2 offence or a Class 3 offence for which the applicant has been convicted; or (e) the CEO is aware of a pending charge against the applicant in respect of a Class 3 offence and the CEO has reason to believe — (i) that an indecent act was performed by the applicant in the course of allegedly committing the offence; or (ii) that the applicant engaged in conduct that was of a threatening or violent nature in the course of allegedly committing the offence; or (f) the CEO is aware of a Class 1 offence for which the applicant has been convicted, committed by the applicant when the applicant was a child; or (g) the applicant has previously had a clearance refused or cancelled under this Act or a corresponding law; or (h) the CEO is in possession of other information that applies under subsection (3) and the CEO considers that it is necessary or appropriate to conduct a risk assessment; or (i) any circumstance prescribed by the regulations applies. (2) A risk assessment of the holder of an NDIS worker check clearance certificate may be conducted by the CEO, at any time, if the CEO has received information that applies under subsection (3) and the CEO considers that it is necessary or appropriate to conduct a risk assessment. (3) The following information applies under this subsection — (a) information received from an applicant for an NDIS worker check clearance or from the holder of an NDIS worker check clearance certificate (as the case may be); (b) information received from the NDIS Commission; (c) information received from an interstate screening agency; (d) information received from a criminal records agency; (e) information received from a relevant official under section 35; (f) information received from a prescribed authority under section 36; (g) information prescribed by the regulations. 19. Risk assessment of presumptively disqualified person If a risk assessment is conducted in relation to a presumptively disqualified person, the person must be issued with an NDIS worker check exclusion certificate unless the CEO is satisfied that, because of the exceptional circumstances of the case, an NDIS worker check clearance should be granted. 20. Matters to be considered in risk assessment (1) The CEO must consider the following for the purposes of a risk assessment of a person — (a) the safety and wellbeing of people with disability and, in particular, their right to live free from abuse, violence, neglect and exploitation, as the paramount consideration; (b) the person's criminal, disciplinary, misconduct or other relevant history; (c) the nature, gravity and circumstances of any criminal offending, misconduct or other action, circumstance or event relating to the person that is revealed by or referred to in any information in the possession of the CEO, and how it is relevant to NDIS work; (d) any inferences or conclusions that may be drawn from 1 or more matters being considered by the CEO; (e) the length of time that has passed since any relevant offending, misconduct or other action, circumstance or event occurred; (f) the vulnerability of any victim of any relevant offending, misconduct or other action, circumstance or event at the time of its occurrence and the person's relationship to the victim or position of authority over the victim at that time; (g) the person's conduct since any relevant offending, misconduct or other action, circumstance or event occurred; (h) anything else that the CEO reasonably considers relevant to the assessment. (2) The consideration of any matter under subsection (1) does not derogate from the operation of section 17. Division 3 — Duration and renewal of clearances 21. Duration of clearances (1) Subject to this Act, a clearance remains in force for a period of 5 years. (2) The CEO may specify a date from which a clearance takes effect for the purposes of this Act (and if no date is specified in the relevant NDIS worker check clearance certificate then the clearance takes effect from the date on which the NDIS worker check clearance certificate is issued by the CEO). (3) A clearance is — (a) suspended if the relevant NDIS worker check clearance certificate is suspended; and (b) cancelled if the relevant NDIS worker check clearance certificate is cancelled. 22. Application for further clearance (1) If a clearance granted under this Act is no longer in force, or will expire within a period of 3 months, the person to whom it was granted may apply for a further clearance. (2) Divisions 1 and 2 apply to the application as if the application for a further clearance were an application for an initial clearance. [23. has not come into operation.] Division 4 — Suspension and cancellation of NDIS worker check clearance certificates 24. Suspension of NDIS worker check clearance certificates (1) The CEO may, by written notice to the holder of an NDIS worker check clearance certificate, suspend the certificate — (a) if the CEO has received information that leads the CEO to believe that it is necessary or appropriate to suspend the certificate pending a risk assessment under Division 2; or (b) if the holder of the certificate has applied for a clearance under a corresponding law and the CEO has been advised that an interim bar has been imposed in relation to the holder of the certificate under that corresponding law; or (c) on any other ground the CEO determines to be appropriate in the circumstances. (2) The CEO must suspend an NDIS worker check clearance certificate if the CEO has received information which indicates that the holder of the certificate has become a disqualified person or presumptively disqualified person since the certificate was issued. (3) If the CEO imposes an interim bar on the holder of an NDIS worker check clearance certificate, the certificate is taken to be suspended while the interim bar has effect. (4) The CEO may give written notice of the suspension of an NDIS worker check clearance certificate to — (a) any person that the CEO reasonably believes to be a notifiable person in relation to the holder of the certificate; and (b) the NDIS Commission; and (c) any person or body exercising functions in the operation or administration of a relevant law. (5) The CEO may, if the CEO considers it appropriate to do so, by giving written notice to the holder of the certificate, revoke the suspension of the certificate. (6) Unless sooner revoked, the suspension of an NDIS worker check clearance certificate ceases to have effect when — (a) the certificate is cancelled; or (b) the period for which the clearance was to remain in force expires; or (c) in the case of a suspension under subsection (3) — the interim bar ceases to have effect. (7) The CEO must give any person or body that received a notice under subsection (4) written notice of — (a) the revocation of the suspension under subsection (5); or (b) the suspension ceasing to have effect under subsection (6)(b) or (c). (8) The CEO may suspend an NDIS worker check clearance certificate even if it has not come into operation. 25. Cancellation of NDIS worker check clearance certificates (1) Subject to this section, the CEO must cancel an NDIS worker check clearance certificate if — (a) the CEO becomes aware that the person holding the certificate is a disqualified person; or (b) the CEO determines on a risk assessment that there is an unacceptable risk that the person holding the certificate may cause harm to people with disability in the course of carrying out NDIS work. (2) The CEO may cancel an NDIS worker check clearance certificate if — (a) the CEO is not satisfied that the holder of the certificate is or will be engaged to do NDIS work; or (b) the clearance was granted pursuant to an application that was not valid; or (c) the holder of the certificate also holds a certificate under a corresponding law and that certificate is cancelled; or (d) the CEO is authorised to cancel the certificate on a ground prescribed by the regulations. (3) The CEO must not act under subsection (1) unless the CEO has in respect of the person holding the NDIS worker check clearance certificate — (a) carried out a criminal record check; and (b) considered any information provided by the NDIS Commission in relation to the person. (4) Subsection (3) does not limit — (a) any other step or inquiry that the CEO may take under this Act; or (b) any other process or requirement under this Act as to the reassessment of the person as the holder of an NDIS worker check clearance certificate. (5) In addition, if the CEO proposes to cancel a certificate under subsection (1), the CEO must give written notice to the person holding the certificate — (a) of the proposed cancellation; and (b) that the person may make a submission to the CEO, in writing or in an approved form, within the period (being a period of at least 28 days) specified in the notice. (6) Before deciding whether to cancel the certificate, the CEO must consider any submission made by the person holding the certificate within the period specified in the notice under subsection (5) (and may, if the CEO thinks fit, consider any submission made after the expiration of that period). (7) If the cancellation is on the ground that the person holding the certificate is a disqualified person, the only submission that person may make is that the person's criminal record does not include a conviction for a Class 1 offence committed by the person as an adult. (8) The CEO may suspend the certificate pending the outcome of the processes set out in subsections (3) to (6). (9) Subsection (8) does not limit the operation of section 24. (10) The CEO must give written notice to the person holding an NDIS worker check clearance certificate of the CEO's decision to cancel the certificate. (11) The notice must — (a) set out the reasons for the cancellation; and (b) in the case of a cancellation under subsection (1) — (i) state that the person may, within 28 days after the date of the notice, apply to the CEO under Part 4 Division 1 for an internal review of the decision; and (ii) explain how the application for review is made; and (iii) be accompanied by an NDIS worker check exclusion certificate. (12) A certificate under subsection (11)(b)(iii) may be in a form, or represented in any manner, determined by the CEO. (13) The CEO may give written notice of the cancellation of an NDIS worker check clearance certificate under this section to — (a) any person that the CEO reasonably believes to be a notifiable person in relation to the holder of the certificate; and (b) the NDIS Commission; and (c) any person or body exercising functions in the operation or administration of a relevant law. (14) If the term of a clearance expires while the cancellation of the NDIS worker check clearance certificate is being considered under this section, the CEO may, as the CEO thinks fit, determine — (a) not to take any further steps under this section; or (b) to complete any process that has been commenced and then, if the CEO would have been required to cancel the certificate under subsection (1) had the clearance still been in force, issue an NDIS worker check exclusion certificate. (15) The CEO may cancel an NDIS worker check clearance certificate even if it has not come into operation. 26. Cancellation at request of holder (1) The holder of an NDIS worker check clearance certificate may at any time request the CEO to cancel the certificate. (2) The request must be made in an approved manner. (3) The CEO must, on receipt of a request under subsection (1), cancel the certificate except in the following circumstances (and must refuse to cancel the clearance in those circumstances) — (a) the certificate is suspended; (b) the holder of the certificate has applied for a further clearance under section 22(1) and is subject to an interim bar; (c) the CEO is undertaking or is proposing to undertake a risk assessment of the holder of the certificate. (4) The CEO must give written notice to the holder of the certificate when the certificate is cancelled. (5) The CEO may give written notice of the cancellation of an NDIS worker check clearance certificate under this section to any person that the CEO reasonably believes to be a notifiable person in relation to the holder of the certificate. Division 5 — Exclusions 27. Duration of exclusion Subject to this Act, an NDIS worker check exclusion certificate issued under this Act remains in force indefinitely. 28. Cancellation of NDIS worker check exclusion certificate (1) A person to whom an NDIS worker check exclusion certificate has been issued under this Act (other than a disqualified person) may apply to the CEO for the certificate to be cancelled. (2) Subject to this section, the application cannot be made sooner than 5 years after — (a) the date on which the NDIS worker check exclusion certificate was issued; or (b) if the person has previously applied under this section — the date on which the most recent previous application was determined. (3) Subsection (2) does not apply if — (a) a pending charge for an offence to which subsection (4) applies, being an offence on which the exclusion was based, or the decision on which the previous application was made, is disposed of by a court otherwise than by way of a conviction; or (b) a conviction for an offence on which the exclusion was based, or the decision on which the previous application was made, is quashed or set aside by a court; or (c) the exclusion was based on, or the decision on which the previous application was made relates to, a Class 1 offence or a Class 2 offence and a pardon has been granted in relation to the offence; or (d) a finding the subject of a risk assessment on which the exclusion was based, or the decision on which the previous application was made, is quashed or set aside or otherwise expressly or impliedly ceases to have effect; or (e) any other significant or exceptional change of circumstances or other factor that the CEO considers should result in the person being able to apply for the cancellation of the NDIS worker check exclusion certificate has occurred or applies. (4) This subsection applies to the following offences — (a) Class 1 offences; (b) Class 2 offences; (c) Class 3 offences where the CEO had reason to believe that — (i) an indecent act was performed by the person in the course of allegedly committing the offence; or (ii) the person engaged in conduct that was of a threatening or violent nature in the course of allegedly committing the offence. (5) An application for the cancellation of an NDIS worker check exclusion certificate must be — (a) in the approved form; and (b) accompanied by the fee prescribed by the regulations. (6) The following provisions apply (with any specified modifications) in relation to an application under this section as if the application were an application for a clearance — (a) section 10(4)(a), as if the reference to the approved form were a reference to the approved form under this section; (b) section 10(5) and (6), as if the reference to the approved form were a reference to the approved form under this section; (c) section 10(7), (8) and (9); (d) section 12(1), (2) and (3)(b); (e) section 14(1) and (2); (f) section 15(6); (g) section 16(3) and (4); (h) sections 17, 18(1), 19 and 20. (7) If the CEO grants an application under this section, the CEO must — (a) cancel the NDIS worker check exclusion certificate; and (b) grant a clearance and issue an NDIS worker check clearance certificate. (8) If the CEO refuses an application under this section, the CEO must give the applicant a written notice that — (a) states the reasons for the decision; and (b) states that the applicant may, within 28 days after the date of the notice, apply to the CEO under Part 4 Division 1 for an internal review of the decision; and (c) explains how the application for review is made. (9) Despite a preceding subsection, if the CEO receives information (verified in such manner as the CEO thinks fit) that a person to whom an NDIS worker check exclusion certificate has been issued holds a clearance granted under a corresponding law, the CEO must cancel the NDIS worker check exclusion certificate. Division 6 — Change in criminal record or other information 29. Meaning of relevant change in criminal record and requirement to give notice of that change (1) For the purposes of this Division, there is a relevant change in a person's criminal record, whether or not the person has a criminal record, if the person is charged with or convicted of a Class 1 offence or a Class 2 offence. (2) A requirement imposed on a person under this Division to give notice about a relevant change in the person's criminal record does not require the person to give any information about the change except that the change has occurred. 30. Applicant must notify CEO of relevant change in criminal record (1) This section applies to a person if — (a) the person has applied to the CEO — (i) for an NDIS worker check clearance; or (ii) for an NDIS worker check exclusion certificate to be cancelled; and (b) the application is pending. (2) The person must notify the CEO in writing, in an approved form, of a relevant change in the person's criminal record as soon as practicable after the change occurs. Penalty for this subsection: imprisonment for 5 years and a fine of $60 000. 31. Person holding clearance must notify CEO of relevant change in criminal record (1) A person holding an NDIS worker check clearance certificate must notify the CEO in writing, in an approved form, of a relevant change in the person's criminal record as soon as practicable after the change occurs. Penalty for this subsection: imprisonment for 5 years and a fine of $60 000. (2) If the CEO receives a notice under subsection (1), the CEO may advise the person's NDIS employer, and any person who is proposing to engage the person in NDIS work, of the relevant change in the person's criminal record disclosed in the notice. 32. Change in particulars (1) This section applies to a person if — (a) the person has applied to the CEO for an NDIS worker check clearance and the application is pending; or (b) the person is the holder of an NDIS worker check clearance certificate; or (c) the person has applied to the CEO for an NDIS worker check exclusion certificate to be cancelled and the application is pending. (2) The person must notify the CEO in writing, in an approved form, of a relevant change of particulars as soon as practicable after the change occurs. Penalty for this subsection: a fine of $5 000. (3) For the purposes of subsection (2), a relevant change of particulars is any of the following — (a) a change in the person's name, residential address or contact details; (b) a change in the person's NDIS employer or in the person who is proposing to engage the person in NDIS work; (c) a change prescribed by the regulations. Part 3 — Information gathering and sharing Division 1 — Criminal record checks 33. CEO may carry out criminal record checks (1) This section applies in respect of a person who — (a) has applied for a clearance under this Act or a corresponding law; or (b) has given notice of a relevant change in their criminal record; or (c) has a clearance under this Act or a corresponding law; or (d) has applied to cancel an NDIS worker check exclusion certificate under this Act or a corresponding law; or (e) has applied for an internal review or external review under this Act. (2) The CEO may ask a criminal records agency for information or access to the respective records of the criminal records agency — (a) to determine whether the person has a criminal record; and (b) if the person has a criminal record — to obtain details of the criminal record. (3) If the person has a criminal record, the CEO may ask a criminal records agency or the DPP for any information relating to the person in its possession that is connected with, or otherwise related to, a conviction or charge mentioned in the criminal record. (4) Subsection (3) does not limit the powers of the CEO to request or obtain information under another provision of this Act. Division 2 — General power to obtain, provide and use information 34. General power to obtain, provide and use information (1) The CEO may request relevant information for an NDIS purpose from — (a) an authorised person; or (b) a public authority; or (c) an interstate screening agency; or (d) a government agency established or constituted under a law of another jurisdiction; or (e) an employer or health professional; or (f) any other person or body that, in the opinion of the CEO, may possess relevant information. (2) A person or body to whom or which a request may be made under subsection (1) is authorised to disclose relevant information to the CEO for an NDIS purpose. (3) The CEO may use relevant information obtained from any source for an NDIS purpose. (4) The CEO may disclose relevant information for a purpose that applies under subsection (5) to — (a) a government agency; or (b) other than in relation to subsection (5)(c), a person or body (including a person or body acting under a law of another jurisdiction) prescribed by the regulations. (5) The following purposes apply under this subsection — (a) an NDIS purpose; (b) a purpose relating to the administration or enforcement of the Working with Children (Screening) Act 2004 or an equivalent law in another jurisdiction; (c) a purpose relating to the administration or enforcement of a law (including a law of another jurisdiction) prescribed by the regulations for the purposes of this paragraph that is relevant to the screening of people who work with people with disability. (6) However, a report obtained from the CEO (Justice) under section 39 cannot be disclosed for the purpose applying under subsection (5)(b) without the approval of the CEO (Justice). (7) Subsections (3), (4) and (6) do not limit the ability of the CEO to disclose information for any other purpose under this Act. [Section 34 amended: No. 47 of 2022 s. 48.] Division 3 — Provision of specific information 35. Provision of information by police and other officials or bodies (1) In this section — relevant official means — (a) the Commissioner of Police; or (b) a person or body that is prescribed by the regulations for the purposes of this definition. (2) This subsection applies if a relevant official — (a) knows or reasonably believes that a person charged with or convicted of an offence — (i) is a designated person; or (ii) carries out NDIS work; and (b) reasonably believes that the charge or conviction — (i) indicates that it is, or may be, inappropriate for the person to hold an NDIS worker check clearance certificate under this Act or a corresponding law, or to carry out NDIS work; or (ii) is otherwise relevant to the performance of a function by the CEO under this Act. (3) In a case where subsection (2) applies, the relevant official may give the CEO any of the following information — (a) the person's name and address; (b) the person's date of birth; (c) the offence with which the person has been charged or of which the person has been convicted; (d) the details of the offence; (e) the date of the charge or conviction; (f) such other information as the relevant official thinks fit. (4) This section does not limit the ability of the CEO to use relevant information obtained by the CEO from any source for an NDIS purpose, including information obtained from the Commissioner (however designated) of the police force of another jurisdiction. 36. Provision of information by registration and regulatory authorities (1) In this section — prescribed authority means any of the following — (a) a registration, licensing or other regulatory authority that is established or constituted under an Act and that is prescribed by the regulations for the purposes of this definition; (b) a professional or other body that supervises the conduct of a particular group or class of persons and that is prescribed by the regulations for the purposes of this definition; (c) without limiting paragraph (a) or (b), a person or body with the authority or power to make findings or determinations that are relevant to the conduct of any person and that is prescribed by the regulations for the purposes of this definition; (d) any other person, authority or body that is prescribed by the regulations for the purposes of this definition. (2) This subsection applies if a prescribed authority — (a) knows or reasonably believes that a finding made by or on behalf of the prescribed authority, or that is otherwise connected with the performance of a function by the prescribed authority, relates to — (i) a designated person; or (ii) any other person who carries out NDIS work; and (b) reasonably believes