The screening unit may issue an NDIS worker check exclusion notice if:

Before issuing an exclusion notice, the screening unit must notify the applicant of its intention to issue an exclusion notice based on a risk assessment. The screening unit must also notify the applicant that they can make submissions to the screening unit before the exclusion notice is issued.

[ss 18J(1)and (2)].

Who is an excluded person?

A person who has been excluded from applying under Part 5A of the Act is an ‘excluded person’ under the Act. They are excluded from applying for an NDIS worker clearance for 5 years, except where there has been a relevant change in their circumstances [s 18H(3)].

Persons presumed to pose a risk of harm

In addition to the exclusion notices issued under s 18H of the Act, certain people are not permitted to apply for NDIS Worker check clearance.

A person who has been guilty of a presumptive disqualification offence will be presumed to pose a risk of harm to people with disability [s 18K (1)(a)]. See ‘Who is a presumptively disqualified person?’

In assessing an application for NDIS Worker check clearance from a person who has been found guilty of a presumptive disqualification office, the screening unit must determine that the person poses a risk of harm to people with disability [under s 18J] unless the applicant:

[s 18K(1)]