Document ID: chunk:federal_register_of_legislation:F2021C00788:reg:15:p1
Version: federal_register_of_legislation:F2021C00788
Segment Type: reg
Provision Reference: reg 15 (pt 1/2)
Character Range: 30883–33527

15  When a person is in the process of obtaining a clearance
(1) Subject to subsection (2), a person is in the process of obtaining a clearance during the period starting on the day on which the person submits a complete application for a clearance to the relevant NDIS worker screening unit, and ending on the day on which a clearance or exclusion is made.
(2) A person is not in the process of obtaining a clearance:
         (a) if the person has applied for an NDIS worker screening check on at least one prior occasion, and on the most recent prior occasion the person was subject to an exclusion;
         (b) if the person has had a clearance on at least one prior occasion, and on the most recent prior occasion the clearance was revoked;
            Note:  The NDIS worker screening law of a participating jurisdiction may refer to a revocation using a different term.  It may be referred to, for example, as an exclusion, because it has the effect of excluding a person from working with people with disability.
         (c) on any day after the application for an NDIS worker screening check is withdrawn by the person;
         (d) on any day after the application for an NDIS worker screening check is closed;
         (e) on any day when an interim bar is in force in relation to the person;
         (f) at any time the person is not being supervised in accordance with the requirements of section 14 of this instrument, as applicable; or
         (g)  at any time a risk management plan required under this instrument is not being implemented.
(3) For the purpose of this section, a person has submitted a complete application to the relevant NDIS worker screening unit if:
         (a) that unit has issued a notice in writing to the person confirming that the application has been made; and
         (aa) a registered NDIS provider has confirmed to that unit that:
 (i) the person is, or intends to be, a worker; or
 (ii) if the registered NDIS provider is an individual—the person is the registered NDIS provider; and
         (b) if the person is a worker ‑ the registered NDIS provider with whom the person engages in a risk assessed role has seen that notice; and
         (c) if the person is a worker ‑ the registered NDIS provider has made a record of the worker screening application number on that notice as required by section 18.
Note: Section 2B of the Acts Interpretation Act 1901 provides that "writing" includes any mode of representing or reproducing words, figures, drawing or symbols in a visible form. As a result, electronic communications, such as an email or an SMS message, are capable of constituting a