The DHS screening unit may suspend a clearance at any time by notice in writing if it is of the opinion that a further risk assessment of the person would determine a risk of harm to people with disability [s 18R].

A clearance may similarly be cancelled if:

There are obligations on employers of persons working with people with disability to advise the DHS Screening Unit if the employer becomes aware [s 22C]:

Fines can apply to employers.

What happens if a clearance is cancelled?

A person who has had a clearance cancelled under this part (or a corresponding law) is banned from applying for a clearance for 5 years following the cancellation. There are some exceptions where a person may apply for a clearance within the 5 year period, where:

Can a person make submissions or seek a review?

The screening unit will usually notify an applicant of the intention to issue an exclusion notice, and allow the applicant an opportunity to make a submission to the unit within a set timeframe [s 18J(2)]. The unit must then consider any such submissions before finally determining the application [s 18J(3)].

What type of decision can SACAT review?

Decisions of the screening unit to issue an exclusion notice, terminate an application [see s 18G(9) and reg 10 of the Disability Inclusion (NDIS Worker Check) Regulations 2020] or to suspend or cancel a clearance (except where the person is disqualified or presumptively disqualified because of pending criminal charges) are reviewable by the South Australian Civil and Administrative Tribunal SACAT [s 18ZI(4)-(5)].

A review must be sought within 14 days of notice of the reviewable decision being received by the applicant [s 18ZI(2)]. However an application for review of a decision to suspend a clearance cannot be made until the suspension has been in place for at least 6 months [s 18ZI(3)]. An extension of time to apply to SACAT to review a decision may only be granted where the tribunal is satisfied that special circumstances exist and another party will not be unreasonably disadvantaged by the delay [s 18ZI(4)].