{"id":"disability-inclusion-ndis-worker-check-regulations-2020","name":"Disability Inclusion (NDIS Worker Check) Regulations 2020","slug":"disability-inclusion-ndis-worker-check-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235369,"registerId":"sa-disability-inclusion-ndis-worker-check-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Inclusion (NDIS Worker Check) Regulations 2020","content":"South Australia\nDisability Inclusion (NDIS Worker Check) Regulations 2020\nunder the Disability Inclusion Act 2018\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tMeaning of corresponding law\n5\tMeaning of disqualification offence\n6\tMeaning of presumptive disqualification offence\n7\tRelevant laws\n8\tProtected information\n9\tPrescribed functions and powers\n10\tAdditional powers to terminate NDIS worker check clearance application\n11\tRequirements relating to notice of grant of NDIS worker check clearance etc\n12\tCourt to provide notice of certain findings of guilt to central assessment unit\n13\tCommissioner of Police to provide information on charging of certain persons\n14\tCentral assessment unit may disclose etc information with other jurisdictions\n15\tDisclosure of information about offences\n16\tNon-reviewable decisions\n17\tMinister may establish advisory panel\n18\tRequirement to notify central assessment unit of change of particulars\nSchedule 1—Disqualification offences\n1\tDisqualification offences\n2\tTable of disqualification offences\nSchedule 2—Presumptive disqualification offences\n1\tInterpretation\n2\tPresumptive disqualification offences\n3\tTable of presumptive disqualification offences\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Disability Inclusion (NDIS Worker Check) Regulations 2020.\n2—Commencement\nThese regulations come into operation on the day on which Part 5A of the Disability Inclusion Act 2018 (as enacted by the Statutes Amendment (Screening) Act 2019) comes into operation.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Disability Inclusion Act 2018;\nchild means a person aged under 18 years old;\nrelative, of a person, means a person who is or was—\n\t(a)\trelated by marriage, consanguinity or adoption to the person; or\n\t(b)\trelated through a domestic partnership to the person; or\n\t(c)\ta step‑child or step‑sibling of the person (regardless of age); or\n\t(d)\tthe guardian of the person; or\n\t(e)\tacting in loco parentis in relation to the person; or\n\t(f)\trelated to the person according to Aboriginal or Torres Strait Islander kinship rules, or where both persons are members of some other culturally recognised family group; or\n\t(g)\ta carer of the person (within the meaning of the Carers Recognition Act 2005);\nvulnerable person means an adult person who, by reason of age, illness or disability, is unable to properly care for themselves, or protect themselves against harm or exploitation.\n4—Meaning of corresponding law\nFor the purposes of paragraph (b) of the definition of corresponding law in section 18A(1) of the Act, the following laws are prescribed:\n\t(a)\tthe Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory;\n\t(b)\tthe National Disability Insurance Scheme (Worker Checks) Act 2018 of New South Wales;\n\t(c)\tthe National Disability Insurance Scheme (Worker Clearance) Act 2020 of the Northern Territory;\n\t(d)\tthe Registration to Work with Vulnerable People Act 2013 of Tasmania;\n\t(e)\tthe Worker Screening Act 2020 of Victoria.\n5—Meaning of disqualification offence\nFor the purposes of the definition of disqualification offence in section 18A(1) of the Act, the offences set out in Schedule 1 are, subject to that Schedule, declared to be disqualification offences.\n6—Meaning of presumptive disqualification offence\nFor the purposes of the definition of presumptive disqualification offence in section 18A(1) of the Act, the offences set out in Schedule 2 are, subject to that Schedule, declared to be presumptive disqualification offences.\n7—Relevant laws\nFor the purposes of paragraph (e) of the definition of relevant law in section 18A(1) of the Act, the following laws are prescribed:\n\t(a)\tthe Children and Young People (Safety) Act 2017;\n\t(b)\tthe Guardianship and Administration Act 1993;\n\t(c)\tthe Ageing and Adult Safeguarding Act 1995;\n\t(d)\ta law of the Commonwealth, or another State or Territory, corresponding to the Children and Young People (Safety) Act 2017;\n\t(e)\tthe Ombudsman Act 1989 of the Australian Capital Territory;\n\t(f)\tthe Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory;\n\t(g)\tthe Child Protection (Working with Children) Act 1998 of New South Wales;\n\t(h)\tthe Ombudsman Act 1974 of New South Wales;\n\t(i)\tthe Care and Protection of Children Act 2007 of the Northern Territory;\n\t(j)\tthe Working with Children (Risk Management and Screening) Act 2000 of Queensland;\n\t(k)\tthe Disability Services Act 2006 of Queensland;\n\t(l)\tthe Registration to Work with Vulnerable People Act 2003 of Tasmania;\n\t(m)\tthe Working with Children Act 2005 of Victoria;\n\t(n)\tthe Disability Service Safeguards Act 2018 of Victoria;\n\t(o)\tthe Working with Children (Criminal Record Checking) Act 2004 of Western Australia;\n\t(p)\ta previous enactment corresponding to a law referred to in a preceding paragraph.\n8—Protected information\n\t(1)\tThe Registrar must maintain a register of all decisions to classify information as protected information.\n\t(2)\tThe register may include such information as the Registrar thinks fit.\n\t(3)\tThe register may only be inspected with the permission of the Registrar.\n9—Prescribed functions and powers\nFor the purposes of section 18E(2) of the Act, the classification of information as protected information under section 18D(1) of the Act is prescribed.\n10—Additional powers to terminate NDIS worker check clearance application\n\t(1)\tPursuant to section 18G(9) of the Act, the central assessment unit may refuse or terminate an application if—\n\t(a)\tthe application is not verified by an NDIS employer who is registered with the NDIS Commission; or\n\t(b)\tthe applicant is excluded by another jurisdiction while their application is being processed; or\n\t(c)\tthe applicant is, either at the time of application or while their application is being processed, suspended by another jurisdiction from working with people with disability (however described); or\n\t(d)\tthe applicant is not permitted to apply pursuant to section 18H of the Act.\n\t(2)\tFor the purposes of subregulation (1), a reference to an applicant being excluded includes a reference to the applicant being prevented under the laws of the Commonwealth, or any other State or Territory, from working with people with disability (however described).\n11—Requirements relating to notice of grant of NDIS worker check clearance etc\n\t(1)\tFor the purposes of section 18L(1) of the Act, the grant of an NDIS worker check clearance, or the issue an NDIS worker check exclusion, must comply with any relevant requirements set out in guidelines published under section 12 of the Act.\n\t(2)\tFor the purposes of section 18L(1) of the Act, a notice under that subsection must be issued as soon as is reasonably practicable after the determination to grant an NDIS worker check clearance or issue an NDIS worker check exclusion (as the case requires) is made.\n12—Court to provide notice of certain findings of guilt to central assessment unit\n\t(1)\tFor the purposes of section 18U of the Act, the following information relating to a finding of guilt is prescribed:\n\t(a)\tthe full name, date of birth and residential address of the person to whom the finding of guilt relates;\n\t(b)\tthe particulars of the offence of which the person was found guilty;\n\t(c)\tthe date on which the person was found guilty of the offence;\n\t(d)\tthe court that made the finding of guilt.\n\t(2)\tFor the purposes of section 18U of the act, the information prescribed by subregulation (1) must be provided to the central assessment unit in a manner and form determined by the Registrar.\n13—Commissioner of Police to provide information on charging of certain persons\n\t(1)\tFor the purposes of section 18V of the Act, the following information relating to a charge of a disqualification offence or presumptive disqualification offence against a person is prescribed:\n\t(a)\tthe full name, date of birth and residential address of the charged person (if known);\n\t(b)\tparticulars of the charge;\n\t(c)\ta description of any conduct to which the charge relates (including, but not limited to whether the alleged victim was a child or an adult);\n\t(d)\tif the charge relates to an aggravated offence under the Criminal Law Consolidation Act 1935—the aggravating circumstances.\n\t(2)\tFor the purposes of section 18V of the act, the information prescribed by subregulation (1) must be provided to the central assessment unit in a manner and form determined by the Registrar.\n14—Central assessment unit may disclose etc information with other jurisdictions\nFor the purposes of paragraph (b) of the definition of prescribed person or body in section 18Y(3) of the Act, the following persons and bodies are prescribed:\n\t(a)\tthe NDIS Commission;\n\t(b)\tthe Australian Criminal Intelligence Commission;\n\t(c)\tthe National Disability Insurance Agency;\n\t(d)\tthe Department of Social Services of the Commonwealth.\n15—Disclosure of information about offences\nFor the purposes of the definition of relevant offence in section 18ZG(2) of the Act, any offence determined by the central assessment unit to be a relevant offence is prescribed.\n16—Non-reviewable decisions\nFor the purposes of paragraph (c) of the definition of non‑reviewable decision in section 18ZI(5) of the Act, the following decisions are declared to be included in the ambit of that definition:\n\t(a)\ta decision to refuse to grant a clearance under section 18I(2) of the Act;\n\t(b)\ta decision to cancel a clearance under section 18S(2) of the Act;\n\t(c)\ta decision to terminate an application for a clearance or cancel a clearance under section 18W of the Act;\n\t(d)\ta decision to terminate an application under regulation 10(1).\n17—Minister may establish advisory panel\n\t(1)\tFor the purposes of section 18ZP(2) of the Act, the Minister may establish an advisory panel to assist the central assessment unit in the performance of its functions under Part 5A of the Act.\n\t(2)\tThe advisory panel consists of such members as the Minister thinks fit.\n\t(3)\tA member of the advisory panel will hold office for a term, and on conditions, determined by the Minister.\n\t(4)\tA member of the advisory panel (not being a member who is a member of the Public Service) is entitled to such allowances and expenses as may be determined by the Minister.\n\t(5)\tSubject to any direction of the Minister, the advisory panel may determine its own procedures.\n18—Requirement to notify central assessment unit of change of particulars\n\t(1)\tThe holder of an NDIS worker check clearance must notify the central assessment unit in a form approved by the central assessment unit of any relevant change of particulars within 3 months of the change occurring.\nMaximum penalty: $50 000.\n\t(2)\tIn this section—\nrelevant change of particulars means—\n\t(a)\ta change in the holder's name, residential address or contact details; or\n\t(b)\tthe use of another name or names by the holder.\nSchedule 1—Disqualification offences\n1—Disqualification offences\n\t(1)\tSubject to this clause, the offences listed in the table in clause 2 are disqualification offences.\n\t(2)\tIf there is a reference to condition A in column 3 of the table in respect of a particular offence, the offence will only be taken to be a disqualification offence if the victim of the offence was a child or vulnerable person, or the offence involved a child or vulnerable person.\nNote—\nIf condition A is not satisfied, the offence is instead a presumptive disqualification offence—see Schedule 2 clause 2(1)(a).\n\t(3)\tIf there is a reference to a condition or conditions in column 3 of the table in respect of a particular offence, the offence will be taken not to be a disqualification offence if the condition is satisfied:\n\t(a)\tcondition B—at the time of the offence the victim was more than 14 years of age and the offender was not more than 5 years older than the victim, and the offence did not involve violence or coercion;\n\t(b)\tcondition C—the offender was a relative of the victim.\nNote—\nSuch an offence is instead a presumptive disqualification offence—see Schedule 2 clause 2(1)(b).\n\t(4)\tA reference to an offence in the table in clause 2 will be taken to include a reference to the following offences:\n\t(a)\tan attempt to commit the offence;\n\t(b)\ta conspiracy to commit the offence;\n\t(c)\taiding, abetting, counselling or procuring the offence;\n\t(d)\ta corresponding offence under a previous enactment;\n\t(e)\ta corresponding offence under a law of another State or Territory, including an offence referred to in a preceding paragraph in relation to the corresponding offence.\n2—Table of disqualification offences\n\nAct\nOffences\nConditions\nCriminal Law Consolidation Act 1935\nsection 11 (Murder)\n\n\nsection 12 (Conspiring or soliciting to commit murder)\n\n\nsection 19A(1) (Causing death or harm by use of vehicle or vessel) being an offence where the offender intended to cause death\n\n\nsection 20A (Choking, suffocation or strangulation in a domestic setting)\nA\n\nsection 23 (Causing serious harm)\nA\n\nsection 24 (Causing harm)\nA\n\nsection 29 (Acts endangering life or creating risk of serious harm)\nA\n\nsection 33A (Female genital mutilation) \nA\n\nsection 33B (Removal of child from state for genital mutilation) \n\n\nsection 39 (Kidnapping)\nA, C\n\nsection 40 (Unlawful removal of child from jurisdiction)\nC\n\nsection 48 (Rape)\nA\n\nsection 48A (Compelled sexual manipulation)\nA\n\nsection 49(1) (Unlawful sexual intercourse where victim under 14)\n\n\nsection 49(3) (Unlawful sexual intercourse where victim under 17 years)\nB\n\nsection 49(5) (Unlawful sexual intercourse in position of authority)\n\n\nsection 49(6) (Sexual intercourse with intellectually disabled person)\n\n\nsection 50(1) (Persistent sexual abuse of child)\n\n\nsection 51 (Sexual exploitation of a person with a cognitive impairment)\n\n\nsection 56 (Indecent assault)\nA, B\n\nsection 58 (Acts of gross indecency)\nA, B\n\nsection 59 (Abduction of male or female person)\nA\n\nsection 60 (Procuring sexual intercourse) \nA\n\nsection 61 (Permit unlawful sexual intercourse on premises)\n\n\nsection 63 (Production etc of child exploitation material)\nB\n\nsection 63AA (Production etc of child‑like sex dolls\n\n\nsection 63A (Possession of child exploitation material)\nB\n\nsection 63AAB (Possession of child‑like sex dolls)\n\n\nsection 63AB (Offences relating to websites)\n\n\nsection 63B (Procure child to commit indecent act etc)\nB\n\nsection 66 (Sexual servitude and related offences)\nA\n\nsection 67 (Deceptive recruiting for commercial sexual services)\nA\n\nsection 68 (Use of children in commercial sexual services)\n\n\nsection 69 (Bestiality)\n\n\nsection 72 (Incest)\nA\n\nsection 74 (Persistent sexual abuse of a child) as in force before the commencement of the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008\nB\n\nsection 80 (Abduction of child under 16 years)\nC\n\nsection 83E(2) (Participation in criminal organisation) \nA\n\nsection 139A (Dishonest communication with children)\n\n\nsection 241 (Impeding investigation of offences or assisting offenders) being an offence of assisting a principal offender who commits murder\n\n\nsection 270B (Assault with intent)\nA\n\n\n\nAircraft Offences Act 1971\nsection 9 (Destroy an aircraft to cause death)\n\n\n\n\nSummary Offences Act 1953\nsection 33(3) as in force before the commencement of the Criminal Law Consolidation (Child Pornography) Amendment Act 2004\nA, B\n\n\n\nCriminal Code of the Commonwealth\nsection 71.2 (Murder of a UN person etc)\n\n\nsection 71.4 (Intentionally causing serious harm to a UN person etc)\nA\n\nsection 71.5 (Recklessly causing serious harm to a UN person etc)\nA\n\nsection 71.8 (Unlawful sexual penetration)\nA\n\nsection 71.9 or 10 (Kidnapping etc a UN person etc)\nA, C\n\nsection 73.2, 3 or 3A (People smuggling)\nA\n\nsection 115.1 (Murder of an Australian citizen etc)\n\n\nsection 115.3 (Intentionally causing serious harm to an Australian citizen etc)\nA\n\nsection 115.4 (Recklessly causing serious harm to an Australian citizen etc)\nA\n\nsection 268.3, 5, 6 or 7 (Genocide)\n\n\nsection 268.4 (Genocide by causing serious bodily or mental harm)\nA\n\nsection 268.8 or 9 (Crimes against humanity)\n\n\nsection 268.10, 13 to 16, 19 or 21(1) (Crimes against humanity)\nA\n\nsection 268.24, 47(1), 48(1), 49(1), 70, 71(1), 76(2), 90(1), 92(1) or 93(1) (War crimes)\n\n\nsection 268.38(1), 40(1), 41 to 44, 50, 55, 56, 65, 91, 97 or 98 (War crimes—various) being an offence that results in the death of a person\n\n\nsection 268.25 to 28, 47(2), 48(2), 59, 60, 61, 64, 71(2), 73, 82, 84, 87(1) or 92(2) (War crimes—various)\nA\n\nsection 270.3, 5, 6A, 7, 7B or 7C (Slavery etc)\nA\n\nsection 271.2, 3, 4, 5, 6, 7, 7B, 7C , 7D or 7E (Trafficking in persons etc)\nA\n\nsection 272.8, 9, 10, 11, 12, 13, 14, 15, 18, 19 or 20 (Child sex offences outside Australia)\n\n\nsection 273.6 or 7 (Offences involving child abuse material outside Australia)\n\n\nsection 273A.1 (Possession of child‑like sex dolls etc)\n\n\nsection 274.2 (Torture)\nA\n\nsection 471.19, 20, 22, 24, 25 or 26(1) (Postal offences)\n\n\nsection 474.22, 22A, 23, 24A, 25A, 25B, 25C, 26, 27 or 27A(1) (Telecommunications offences)\n\n\n\n\nCrimes (Internationally Protected Persons) Act 1976 of the Commonwealth\nsection 8(1) (Murder of internationally protected person)\n\n\nsection 8(2) (Attack internationally protected person) being an offence that results in grievous bodily harm\nA\n\n\n\nCustoms Act 1901 of the Commonwealth\nsection 233BAB\n\nSchedule 2—Presumptive disqualification offences\n1—Interpretation\nIn this Schedule—\nperson under care, in respect of an offender, means a child or vulnerable person who has a relationship with the offender in the context of receiving supports or services because of their vulnerability (other than activities that are part of normal familial care relationships).\nExample—\nThe following are examples of persons who may be persons under care:\n\t(a)\ta child in foster care;\n\t(b)\tan elderly person in residential aged care;\n\t(c)\ta person with mental illness receiving treatment in a hospital;\n\t(d)\ta person with disability receiving services (to support their disability) in their home or in the community.\n2—Presumptive disqualification offences\n\t(1)\tSubject to this clause, the following offences are presumptive disqualification offences:\n\t(a)\tan offence referred to in the table in Schedule 1 clause 2 (being an offence that is subject to condition A under that Schedule) when committed against, or involving, a person who is not a child or vulnerable person;\n\t(b)\tan offence that would, but for the operation of Schedule 1 clause 1(3), be a disqualification offence;\nNote—\nThese are offences where, at the time of the offence, the victim was more than 14 years of age and the offender was not more than 5 years older than the victim and the offence did not involve violence or coercion, or where the victim was a relative of the offender.\n\t(c)\tan offence listed in the table in clause 3 (other than offences that are disqualification offences);\n\t(d)\tany other offence declared by the Minister by notice in the Gazette to be a presumptive disqualification offence.\n\t(2)\tIf there is a reference to a condition in column 3 of the table in clause 3 in respect of a particular offence, the offence will only be taken to be a presumptive disqualification offence if the condition is satisfied:\n\t(a)\tcondition A—the victim of the offence was a child or vulnerable person, or the offence involved a child or vulnerable person;\n\t(b)\tcondition D—the victim of the offence was a person under care in respect of the offender, or the offence involved such a person under care;\n\t(c)\tcondition E—the offence is an aggravated offence (within the meaning of the Criminal Law Consolidation Act 1935) aggravated by the circumstances referred to in section 5AA(1)(a) of that Act.\n\t(3)\tA reference to an offence in the table in clause 3 will be taken to include a reference to the following offences:\n\t(a)\tan attempt to commit the offence;\n\t(b)\ta conspiracy to commit the offence;\n\t(c)\taiding, abetting, counselling or procuring the offence;\n\t(d)\ta corresponding offence under a previous enactment;\n\t(e)\ta corresponding offence under a law of another State or Territory, including an offence referred to in a preceding paragraph in relation to the corresponding offence.\n3—Table of presumptive disqualification offences\n\nAct\nOffences\nConditions\nCriminal Law Consolidation Act 1935\nsection 7 or 10A (Treason)\n\n\nsection 13 (Manslaughter)\n\n\nsection 13A (Criminal liability in relation to suicide)\n\n\nsection 14 (Criminal neglect)\nD\n\nsection 14A (Failing to provide food etc)\nD\n\nsection 19A(1) (Cause death or harm by use of vehicle or vessel)\n\n\nsection 19AA(2) (Unlawful stalking)\nE\n\nsection 20 (Assault) being an aggravated offence\nA\n\nsection 137 (Robbery)\nE\n\nsection 139 (Deception)\nA\n\nsection 140(4) (Dishonest dealing with documents)\nA\n\nsection 142 (Dishonest exploitation of position of advantage)\nA\n\nsection 144B (False identity etc) where the serious offence to which the offence relates involves a child or vulnerable person\n\n\nsection 144C (Misuse of personal identification information) where the serious offence to which the offence relates involves a child or vulnerable person\n\n\nsection 144D(1) or (2) (Prohibited material)\nA\n\nsection 169 (Serious criminal trespass—non‑residential buildings)\nE\n\nsection 170 (Serious criminal trespass—places of residence)\nE\n\nsection 174 (Piracy)\n\n\nsection 270(1)(c) (Cheat or fraud at common law)\nA\n\nsection 270AB (Attempted manslaughter)\n\n\n\n\nControlled Substances Act 1984\nsection 32 (Trafficking) where the offence relates to a commercial or large commercial quantity\n\n\nsection 33 (Manufacture of controlled drugs for sale) where the offence relates to a commercial or large commercial quantity\n\n\nsection 33A (Sale, manufacture etc of controlled precursor) where the offence relates to a commercial or large commercial quantity \n\n\nsection 33B (Cultivation of controlled plants for sale) where the offence relates to a commercial or large commercial quantity\n\n\nsection 33C (Sale of controlled plants) where the offence relates to a commercial or large commercial quantity\n\n\nsection 33F (Sale, supply or administration of controlled drug to child)\n\n\nsection 33G (Sale, supply or administration of controlled drug in school zone)\n\n\nsection 33GA (Sale of equipment to child for use in connection with consumption of controlled drugs)\n\n\nsection 33GB (Sale of instructions to a child)\n\n\nsection 33H (Procuring child to commit offence)\n\n\n\n\nAnimal Welfare Act 1985\nsection 13(1) (Ill treatment of animals)\n\n\n\n\nSummary Offences Act 1953\nsection 6A (Violent disorder)\nA\n\nsection 26B(1) and (2) (Humiliating and degrading filming)\nA\n\nsection 26C (Distribution of invasive image)\nA\n\nsection 26D (Indecent filming)\nA\n\nsection 37 (Possession, production or distribution of extremist material)\n\n\nsection 39 (Valueless cheque)\nA\n\n\n\nGuardianship and Administration Act 1993\nsection 76 (Ill treatment or neglect of person with mental incapacity)\nD\n\n\n\nMental Health Act 2009\nsection 49 (Neglect or ill treatment)\n\n\n\n\nCriminal Code of the Commonwealth\nsection 71.3 (Manslaughter of a UN person etc)\n\n\nsection 73.8, 9 or 10 (Document offences relating to people smuggling etc)\nA\n\nDivision 80 (Treason etc)\n\n\nsection 82.3 to 9 (Sabotage)\n\n\nsection 83.1, 2 or 3 (Other threats to security)\n\n\nsection 91.1, 2, 3, 6, 8, 11 or 12 (Espionage)\n\n\nsection 92.2, 3, 4, 7, 8, 9 or 10 (Foreign interference)\n\n\nsection 92A.1 (Theft of trade secrets involving foreign government principal)\n\n\nsection 101.1, 2, 4, 5 or 6 (Terrorism)\n\n\nsection 102.2(1), 3, 4, 5, 6, 7 or 8 (Terrorist organisations)\n\n\nsection 103.1 or 2 (Financing terrorism)\n\n\nsection 115.2 (Manslaughter of an Australian citizen etc)\n\n\nsection 119.1(1) or 4(2) (Foreign incursions and recruitment)\n\n\nsection 122.1, 2 or 4 (Secrecy of information)\n\n\nsection 134.1 or 2 (Obtaining property or a financial advantage by deception)\nA\n\nsection 135.1(1) or (2), 2 or 4(1) (Other offences involving fraudulent conduct)\nA\n\nsection 136.1 (False or misleading statements in applications)\nA\n\nsection 137.1 or 2 (False or misleading information or documents)\nA\n\nsection 142.2 (Abuse of public office)\nA\n\nsection 144.1 (Forgery)\nA\n\nsection 145.1, 2, 4 or 5 (Offences relating to forgery)\nA\n\nsection 148.1(1) or 2(1) or (3) (Impersonation of Commonwealth officials)\nA\n\nsection 268.11, 12, 17, 18, 20, 21(2), 22 or 23 (Crimes against humanity)\n\n\nsection 268.29 to 37, 38(2), 39, 45, 46, 49(2), 51 to 54, 57 to 59, 62, 63, 66 to 68, 72, 74, 75, 76(1), 77 to 81, 85, 86, 88, 89, 90(2), 93(2), 94 to 96, 99, 100 or 101 (War crimes)\n\n\nsection 268.40(2), 41 to 44, 50, 55, 56, 91, 97 or 98 (War crimes not resulting in death)\n\n\nsection 273B.4 (Failing to protect child at risk of child sexual abuse offence)\n\n\nsection 302.2 (Trafficking commercial quantities of controlled drugs)\n\n\nsection 303.4 (Cultivating commercial quantities of controlled plants)\n\n\nsection 304.1 (Selling commercial quantities of controlled plants)\n\n\nsection 305.3 (Manufacturing commercial quantities of controlled drugs)\n\n\nsection 305.4 (Manufacturing marketable quantities of controlled drugs)\nA\n\nsection 306.2, 3, 4 (Pre‑trafficking controlled precursors)\nA\n\nsection 307.1 or 11 (Importing and exporting offences)\n\n\nsection 308.3 (Possessing plant material, equipment or instructions for commercial cultivation of controlled plants)\n\n\nsection 309.2, 3, 4, 7, 8, 10 to 15 (Drug offences involving children)\n\n\nsection 310.2 or 3 (Harm and danger to children under 14 from serious drug offences)\n\n\nsection 372.1, 1A or 2 (Identity fraud offences)\nA\n\nsection 474.17A (Aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence)\n\n\nsection 480.4 (Dishonestly obtain or deal in personal financial information)\nA\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2020\n316\nGazette 17.12.2020 p5761 \n1.2.2021: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full text of the regulations was not retrievable due to a broken or outdated URL following a website migration on 24 March 2026."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual regulatory content","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"These regulations implement South Australia’s NDIS Worker Check scheme under the Disability Inclusion Act 2018, setting state rules for screening people who work with NDIS participants. They affect disability support workers and service providers operating in SA by detailing how background checks and disqualification operate. The rules matter because they bring statutory, local enforcement to a national safety mechanism that protects vulnerable people with disability."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the regulations themselves, they operationalise delegated powers in the Disability Inclusion Act (for example, declaring disqualification and presumptive disqualification offences (regs 5–6, Schedules 1–2), prescribing information to be provided by courts and police (regs 12–13), and naming authorised disclosure recipients (reg 14)). The regulations specify procedures, lists and administrative powers but do not, on their face, expand the Act’s statutory reach beyond the matters the Act authorises."},"complexity_factors":["Extensive cross‑references to the Disability Inclusion Act (Part 5A) and multiple specified Act sections (regs 4–7, 9–11, 12–16).","Long schedules listing many offences with conditional qualifications (Schedules 1–2; conditions A–E) increasing fact‑sensitivity.","Significant discretion for administrative actors: central assessment unit may refuse/terminate applications (reg 10), Registrar controls protected information register access (reg 8) and the Minister may appoint an advisory panel (reg 17).","Information‑sharing and reporting requirements across courts, police and Commonwealth/other jurisdictions with form/manner determined by the Registrar (regs 12–14).","Designated non‑reviewable decisions (reg 16) which limit merits review channels and increase procedural complexity.","High compliance stakes and deterrent penalty ($50,000) for failure to notify change of particulars (reg 18).","Multiple prescribed persons and bodies for disclosure (reg 14) and delegated guideline compliance obligations (reg 11) create operational dependencies."],"plain_english_summary":"These regulations set how South Australia’s NDIS worker‑check system operates: they list offences that bar or presumptively bar people, prescribe information‑sharing, notification and disclosure rules, advisory panel powers and the central assessment unit’s decision and termination powers (regs 5–6, 12–17). They affect NDIS workers, employers, courts and police: the central assessment unit and Registrar make clearance decisions, applicants and clearance‑holders bear compliance costs, and failing to notify changes can attract a penalty up to $50,000 (reg 18)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose: operationalising the NDIS Worker Check scheme established by Part 5A of the Disability Inclusion Act 2018. The detailed offence schedules, information-sharing provisions, and administrative requirements all directly support the core function of screening workers who provide NDIS supports. There is no evidence of significant scope creep beyond this original intent."},"complexity_factors":["Extensive cross-referencing to the parent Disability Inclusion Act 2018 (SA) and multiple other Commonwealth, state and territory laws","Two detailed schedules containing 70+ specific offences across multiple statutes, each with conditional triggers (Conditions A, B, C, D, E) that modify whether an offence counts as disqualifying or presumptively disqualifying","Nested conditional logic: offences can shift categories based on victim age, relationship to offender, violence/coercion factors, or whether victim was a 'person under care'","Broad definition of 'relative' spanning marriage, adoption, domestic partnership, step-relations, guardianship, Aboriginal kinship rules, and carers","Multiple information-sharing mechanisms with prescribed forms, methods, and specific data fields required from courts and police","Incorporation of offences by reference from 10+ different Acts (Criminal Law Consolidation Act 1935, Commonwealth Criminal Code, etc.) requiring external knowledge","Conditional application of offences including attempts, conspiracies, aiding/abetting, and corresponding offences under other jurisdictions' laws"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the detailed rules for the **NDIS Worker Check** in South Australia — a mandatory background screening system for people who work with NDIS (National Disability Insurance Scheme) participants. Think of it as a \"working with vulnerable people\" check specifically for disability support workers.\n\n**Who it affects:**\n- **NDIS workers** in South Australia — anyone applying for or holding a clearance to work with people with disability\n- **Employers** registered with the NDIS Commission who must verify worker applications\n- **Police and courts** — required to notify the screening unit about charges and convictions\n- **Other government agencies** — can share information across state and federal borders\n\n**Key things the rules cover:**\n\n- **What crimes disqualify you:** Two categories of offences:\n  - **Disqualification offences** (Schedule 1): Serious crimes like murder, rape, child exploitation, and serious violence — these automatically bar you from getting clearance, especially if the victim was a child or vulnerable person\n  - **Presumptive disqualification offences** (Schedule 2): Less serious but still concerning crimes (like assault, fraud, or drug trafficking) — these create a presumption against clearance that can potentially be overcome\n\n- **Cross-border recognition:** Lists which other states' and territories' screening laws count as \"corresponding laws\" so clearances can be recognised across Australia\n\n- **Information sharing:** Sets up systems for courts to tell the screening unit about convictions, and for police to report when someone is charged with a serious offence\n\n- **Application rules:** Allows the screening unit to refuse or terminate applications if the employer isn't properly registered, if another state has already excluded the person, or if the person is suspended elsewhere\n\n- **Keeping details current:** Workers must notify the unit within 3 months if they change their name or address — with a hefty $50,000 penalty for failing to do so\n\n- **Protected information:** Creates a register of sensitive information that can't be freely accessed\n\n**Why it matters:**\nThis is the operational backbone protecting vulnerable people with disability from being harmed by the very workers meant to support them. It creates a national-standard safety net, ensuring that someone banned from disability work in Victoria can't simply move to South Australia and start again. The detailed offence tables mean there's little ambiguity about what constitutes a red flag."}},"importantCases":[],"_links":{"self":"/api/acts/disability-inclusion-ndis-worker-check-regulations-2020","history":"/api/acts/disability-inclusion-ndis-worker-check-regulations-2020/history","analysis":"/api/acts/disability-inclusion-ndis-worker-check-regulations-2020/analysis","conflicts":"/api/acts/disability-inclusion-ndis-worker-check-regulations-2020/conflicts","importantCases":"/api/acts/disability-inclusion-ndis-worker-check-regulations-2020/important-cases","documents":"/api/acts/disability-inclusion-ndis-worker-check-regulations-2020/documents"}}