{"id":"nsw:sl-2020-0258","name":"National Disability Insurance Scheme (Worker Checks) Regulation 2020","slug":"national-disability-insurance-scheme-worker-checks-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"258 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176417,"registerId":"nsw-nsw:sl-2020-0258-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [National Disability Insurance Scheme (Worker Checks) Regulation 2020](/view/html/inforce/current/sl-2020-0258).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > offender includes an alleged offender.\n> > \n> > relative has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> > \n> > the Act means the [National Disability Insurance Scheme (Worker Checks) Act 2018](/view/html/inforce/current/act-2018-082).\n> > \n> > victim of an offence includes a person to whom an element of the offence is related.\n> > \n> > vulnerable person means an adult who is, or may be, unable to take care of themselves or protect themselves from harm or exploitation due to age, illness or disability, and includes an adult who, by reason of age, illness or disability, has difficulty—\n> > \n> > > (a) understanding their rights, or\n> > \n> > > (b) understanding a power imbalance between themselves and other persons, or\n> > \n> > > (c) understanding that a person’s behaviour, intended or otherwise, is inappropriate or illegal, or\n> > \n> > > (d) making a decision, or\n> > \n> > > (e) providing consent or agreement, or\n> > \n> > > (f) expressing disapproval or objection, or\n> > \n> > > (g) communicating, or\n> > \n> > > (h) preventing, defending or protecting themselves against an offence or a person who commits an offence.\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Disqualifying offences","content":"#### 4 Disqualifying offences\n\n4 Disqualifying offences\n\n> The following are prescribed as disqualifying offences for the purposes of the Act—\n> \n> > (a) an offence specified in Part 1 of Schedule 1,\n> \n> > (b) an offence specified in Part 2 of Schedule 1 if the victim of the offence was a child or vulnerable person,\n> \n> > (c) an offence specified in Part 3 of Schedule 1 if—\n> > \n> > > (i) the victim of the offence was a child or vulnerable person, and\n> > \n> > > (ii) at the time of the offence, the offender was not a relative of the child or vulnerable person,\n> \n> > (d) an offence specified in Part 4 of Schedule 1 if the victim of the offence was—\n> > \n> > > (i) a child aged 14 years or more where the offender is at least 5 years older than the child, or\n> > \n> > > (ii) a child aged under 14 years, or\n> > \n> > > (iii) a vulnerable person,\n> \n> > (e) the common law offences of rape and attempted rape if the victim of the offence was a child or vulnerable person,\n> \n> > (f) an offence under a law of another State or Territory or the Commonwealth that consists of conduct that, if it occurred in New South Wales, would constitute a disqualifying offence under this clause.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Presumptively disqualifying offences","content":"#### 5 Presumptively disqualifying offences\n\n5 Presumptively disqualifying offences\n\n> The following are prescribed as presumptively disqualifying offences for the purposes of the Act—\n> \n> > (a) an offence specified in Part 2, 3 or 4 of Schedule 1 if it is not a disqualifying offence under clause 4(b), (c) or (d),\n> \n> > (b) the common law offences of rape and attempted rape if they are not disqualifying offences under clause 4(e),\n> \n> > (c) an offence specified in Part 1 of Schedule 2,\n> \n> > (d) an offence specified in Part 2 of Schedule 2 if the victim of the offence was a child or vulnerable person,\n> \n> > (e) an offence specified in Part 3 of Schedule 2 if—\n> > \n> > > (i) the victim of the offence was a child or vulnerable person, and\n> > \n> > > (ii) at the time of the offence, the offender provided supports or services to the child or vulnerable person because of the vulnerability of the child or vulnerable person, and\n> > \n> > > (iii) at the time of the offence, the offender was not a relative of the child or vulnerable person,\n> \n> > (f) an offence under a law of another State or Territory or the Commonwealth that consists of conduct that, if it occurred in New South Wales, would constitute a presumptively disqualifying offence under this clause.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Historic offences","content":"#### 6 Historic offences\n\n6 Historic offences\n\n> An offence that is prescribed as a disqualifying offence under clause 4 or a presumptively disqualifying offence under clause 5 is a disqualifying offence or presumptively disqualifying offence (as the case requires) even if—\n> \n> > (a) the offence was committed before the commencement of this Regulation, or\n> \n> > (b) the offence is repealed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Fee for application for clearance","content":"#### 7 Fee for application for clearance\n\n7 Fee for application for clearance\n\n> > For the Act, section 6(2)(d), the fee is—\n> > \n> > > (a) for an applicant engaged as a volunteer—nil, or\n> > \n> > > (b) otherwise—the fee calculated in accordance with Schedule 4.\n> \n> **cl 7:** Subst 2024 (304), Sch 1\\[1\\].","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Fee for internal review","content":"#### 8 Fee for internal review\n\n8 Fee for internal review\n\n> For the Act, section 43(1)(d), the prescribed fee is double the amount of the fee under clause 7(b).\n> \n> **cl 8:** Subst 2025 (533), Sch 2\\[1\\].","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Relevant laws for protection of children or vulnerable persons","content":"#### 9 Relevant laws for protection of children or vulnerable persons\n\n9 Relevant laws for protection of children or vulnerable persons\n\n> For the purposes of section 23(e) of the Act, the following laws are prescribed—\n> \n> > (a) [Ageing and Disability Commissioner Act 2019](/view/html/inforce/current/act-2019-007),\n> \n> > (b) Care and Protection of Children Act 2007 of the Northern Territory,\n> \n> > (c) Child Safety (Prohibited Persons) Act 2016 of South Australia,\n> \n> > (d) [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157),\n> \n> > (e) [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025),\n> \n> > (f) (Repealed)\n> \n> > (g) [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068),\n> \n> > (h) Working with Children Act 2005 of Victoria,\n> \n> > (i) Working with Children (Criminal Record Checking) Act 2004 of Western Australia,\n> \n> > (j) Working with Children (Risk Management and Screening) Act 2000 of Queensland.\n> \n> **cl 9:** Am 2021 (442), cl 3(1).","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Corresponding laws","content":"#### 10 Corresponding laws\n\n10 Corresponding laws\n\n> For the purposes of the definition of corresponding law in clause 1 of Schedule 1 to the Act, the following laws are prescribed—\n> \n> > (a) Disability Inclusion Act 2018 of South Australia,\n> \n> > (b) National Disability Insurance Scheme (Worker Clearance) Act 2020 of the Northern Territory,\n> \n> > (c) Registration to Work with Vulnerable People Act 2013 of Tasmania,\n> \n> > (d) Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory,\n> \n> > (e) Disability Services Act 2006 of Queensland,\n> \n> > (f) National Disability Insurance Scheme (Worker Screening) Act 2020 of Western Australia,\n> \n> > (g) Worker Screening Act 2020 of Victoria.\n> \n> **cl 10:** Am 2021 (442), cl 3(2).","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Authorised persons","content":"#### 11 Authorised persons\n\n11 Authorised persons\n\n> For the purposes of the definition of authorised person in clause 7(5) of Schedule 1 to the Act, the Chief Executive Officer of Service NSW and members of staff of Service NSW are prescribed as authorised persons.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Members of expert advisory panel may advise on applications for review","content":"#### 12 Members of expert advisory panel may advise on applications for review\n\n12 Members of expert advisory panel may advise on applications for review\n\n> For the Act, section 44(2)(a)(ii), a member of the expert advisory panel appointed under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 42A is prescribed.\n> \n> **cl 12:** Ins 2025 (533), Sch 2\\[2\\].","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Disqualifying offences","content":"# Schedule 1 Disqualifying offences\n\nSchedule 1 Disqualifying offences\n\nNote.\n\n\\* indicates a repealed provision\n\n**sch 1:** Am 2025 No 67, Sch 2.7.","sortOrder":12},{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"# Part 1 General\n\nPart 1 General\n\n| Item | Type of offence | Act/Criminal Code | Offences |\n| 1 | Murder and related offences | Crimes Act 1900 | ss 18(1)(a), 26, 27, 28, 29, 30 and 204(a) |\n| s 32A*, if the offence involves the intent to cause the death of a person |\n| ss 93IF* and 93O, if the offence involves intent to cause death |\n| s 110, if the person assaults with intent to murder any person |\n| s 349, if the offence relates to murder |\n| Crimes Act 1914 of the Commonwealth | s 24(1)(a)*, if the offence involves killing a person |\n| s 24(1)(b)* |\n| Crimes (Internationally Protected Persons) Act 1976 of the Commonwealth | s 8(1), if a person murders an internationally protected person |\n| s 8(2)(a) |\n| Criminal Code of the Commonwealth | ss 71.2, 115.1, 268.8, 268.9, 268.24, 268.38(1), 268.40(1), 268.48(1), 268.49(1), 268.50, 268.70, 268.71(1), 268.76(2), 268.90(1), 268.91, 268.92(1), 268.93(1) and 268.97 |\n| s 104.1*, as in force before 14 December 2005 |\n| s 268.65, if the conduct results in death |\n| s 268.98, if the attack results in death |\n| 2 | Genocide | Criminal Code of the Commonwealth | ss 268.3, 268.4, 268.5, 268.6 and 268.7 |\n| 3 | Acts intended to cause injury or death | Criminal Code of the Commonwealth | ss 268.41, 268.42 and 268.43, if for paragraph (d) of each of the offences, the conduct results in death |\n| s 268.44, if for paragraph (e) of the offence, the conduct results in death |\n| 4 | Child abuse material | Crimes Act 1900 | ss 91G, 91H, 578B* and 578C(2A)* |\n| Criminal Code of the Commonwealth | ss 273.5*, 273.6, 273.7, 273A.1, 471.16*, 471.17*, 471.19, 471.20, 471.22, 474.19*, 474.20*, 474.22, 474.22A, 474.23 and 474.24A |\n| Customs Act 1901 of the Commonwealth | s 233BAB, if the tier 2 goods are constituted by items of child pornography or child abuse material |\n| 5 | Animal sexual abuse | Crimes Act 1900 | ss 79 and 80, as in force before the commencement of the Crimes Amendment (Animal Sexual Abuse) Act 2025, if the offence relates to bestiality |\n|  |  |  | ss 79, 79A, 79B and 80, as in force on and from the day the Crimes Amendment (Animal Sexual Abuse) Act 2025 commenced, if the offence relates to animal sexual abuse |","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"Child or vulnerable person victim","content":"# Part 2 Child or vulnerable person victim\n\nPart 2 Child or vulnerable person victim\n\n| Item | Type of offence | Act/Criminal Code | Offences |\n| 1 | Acts endangering life or causing injury | Crimes Act 1900 | ss 39, 45A, 46, 47, 49, 96 and 98 |\n| s 44, as in force before 15 February 2008, if the offence involves malicious bodily harm so that life is endangered |\n| s 45, except as in force before 2 August 1974 |\n| s 198, except as in force before 13 January 1988 |\n| Criminal Code of the Commonwealth | ss 115.3, 115.4, 268.25, 268.47(2), 268.71(2), 268.73, 268.92(2), 271.6, 271.7B, 271.7C, 271.7D and 271.7E |\n| 2 | Serious assault | Crimes Act 1900 | ss 35, 35A(1), 36*, 37, 42, 60A(3), 60E(3) and 208(3)(c) |\n| s 33*, as in force before 15 February 2008, if the offence involves wounding or grievous bodily harm |\n| ss 33 and 33A(1), as in force on and from 15 February 2008 |\n| s 33A*, as in force before 15 February 2008, if the offence involves grievous bodily harm |\n| s 57, if the offence involves wounding |\n| ss 107(3)*, 109(3), 111(3), 112(3) and 113(3), if the circumstances of special aggravation under the offence involves wounding or grievous bodily harm |\n| s 110, if the offence involves grievous bodily harm |\n| Criminal Code of the Commonwealth | ss 71.4, 71.5, 268.13, 268.26, 268.27, 268.28 and 274.2 |\n| 3 | Sexual offences | Crimes Act 1900 | ss 61B*, 61C*, 61D*, 61E*, 61J, 61JA, 61K, 61KD, 61KF, 61M*, 61O*, 65A*, 66*, 66A, 66B, 66DA, 66DC, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 67*, 68*, 72A*, 73, 73A, 74*, 78A, 78B, 78H*, 78I*, 78M*, 78N*, 78O*, 80A, 80D, 80E, 91A, 91B, 91D, 91E and 91F |\n| Crimes Act 1914 of the Commonwealth | ss 50BA*, 50BB*, 50BC*, 50BD*, 50DA* and 50DB* |\n| Criminal Code of the Commonwealth | ss 71.8, 268.14, 268.15, 268.16, 268.19, 268.59, 268.60, 268.61, 268.64, 268.82, 268.83, 268.87, 271.2, 271.4, 271.5, 272.8, 272.9, 272.10, 272.11, 272.12, 272.13, 272.14, 272.15, 272.18, 272.19, 272.20, 471.24, 471.25, 471.26, 474.25A, 474.25B, 474.25C, 474.26, 474.27 and 474.27A |\n| s 270.6*, as in force before 8 March 2013 |\n| 4 | Abduction, kidnapping and deprivation of liberty | Criminal Code of the Commonwealth | ss 73.1, 73.2, 73.3, 73.3A, 268.10, 268.21(1), 270.3, 270.5, 270.6A, 270.7B, 270.7C and 271.7 |\n| 5 | People smuggling offences | Migration Act 1958 of the Commonwealth | ss 233A, 233B, 233C and 233D |\n| 6 | Other offences | Crimes Act 1900 | ss 32C(2)* and 211(1) |\n| ss 93IF* and 93O, except in the circumstances specified in item 1 of Part 1 of this Schedule |\n| s 203*, as in force before 13 January 1988 |\n| s 483(b)*, if the offence involves the commission of an indecent act |\n| Criminal Code of the Commonwealth | ss 104.3* and 104.4*, as in force before 14 December 2005 |\n| ss 268.17, 268.18, 270.7 and 271.9* |","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Child or vulnerable person victim—non-relative","content":"# Part 3 Child or vulnerable person victim—non-relative\n\nPart 3 Child or vulnerable person victim—non-relative\n\n| Item | Type of offence | Act/Criminal Code | Offences |\n| 1 | Abduction, kidnapping and deprivation of liberty | Crimes Act 1900 | ss 85A*, 86, 87, 89*, 90*, 90A* and 91* |\n| Crimes (Internationally Protected Persons) Act 1976 of the Commonwealth | s 8(1), if a person kidnaps an internationally protected person |\n| Criminal Code of the Commonwealth | ss 71.9 and 71.10 |","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Younger child or vulnerable person victim","content":"# Part 4 Younger child or vulnerable person victim\n\nPart 4 Younger child or vulnerable person victim\n\n| Item | Type of offence | Act | Offences |\n| 1 | Sexual offences | Crimes Act 1900 | ss 61I, 61KC, 61KE, 61L*, 61N*, 66C, 66D, 66DB, 66DD, 71*, 72*, 76*, 76A*, 78K*, 78L*, 78Q*, 81*, 81A* and 81B* |\n| ss 79 and 80, as in force before 8 June 1984, if the offence relates to buggery |","sortOrder":16},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Presumptively disqualifying offences","content":"# Schedule 2 Presumptively disqualifying offences\n\nSchedule 2 Presumptively disqualifying offences\n\nNote.\n\n\\* indicates a repealed provision\n\n**sch 2:** Am 2025 No 57, Sch 2.6.","sortOrder":17},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 3 Penalty notice offences\n\nSchedule 3 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty for an individual | Penalty for a corporation |\n| Offences under the Act |\n| Section 18(1) | $110 | — |\n| Section 30(6) | $110 | $2,200 |","sortOrder":21},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Fee indexation","content":"# Schedule 4 Fee indexation\n\nSchedule 4 Fee indexation\n\nclause 7(b)\n\n**sch 4:** Ins 2024 (304), Sch 1\\[2\\].","sortOrder":23}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The regulation remains within its original purpose of prescribing disqualifying offences, fee arrangements, and related matters to support the National Disability Insurance Scheme (Worker Checks) Act 2018. Although amendments have added new offences, fee indexation, and minor procedural updates, they have not expanded the fundamental scope of the regulation beyond what was intended for worker screening."},"complexity_factors":["Very detailed and lengthy schedules listing hundreds of specific offences from multiple acts (NSW, Commonwealth, other states) across four parts with conditional categories (victim type, age, relationship).","Nested conditions: e.g., an offence may be disqualifying only if the victim was a child or vulnerable person and the offender was not a relative, with different treatment for different age groups.","Heavy cross-referencing to external Acts and Codes (e.g., Crimes Act 1900, Criminal Code (Cth), Working with Children Acts from other states).","Complex fee indexation formula tied to CPI with rounding rules and a floor clause.","Amendments over time (2024, 2025) adding new provisions and updating schedules.","Definitions with broad and multi-factor criteria (e.g., 'vulnerable person' has eight sub-elements).","Historic offences clause (clause 6) applies disqualification to past conduct, adding temporal complexity."],"plain_english_summary":"This regulation sets out the rules for checking the criminal history of workers who provide support to people with disabilities under the National Disability Insurance Scheme (NDIS) in New South Wales. It lists specific criminal offences that either automatically disqualify a person from working with NDIS participants (disqualifying offences) or are presumed to disqualify them unless the applicant can prove otherwise (presumptively disqualifying offences).\n\nThe regulation also:\n- Defines key terms like 'vulnerable person' broadly to include adults who may have difficulty understanding rights or making decisions.\n- Sets fees for clearance applications: free for volunteers, and for others, a fee of $105 (2024-25) that increases each year based on the Consumer Price Index.\n- Charges twice the standard fee for internal reviews of decisions.\n- Lists laws from other states and territories that are considered equivalent for worker screening purposes.\n- Allows penalty notices for minor offences under the Act, with fines of $110 for individuals and $2,200 for corporations.\n\nThe offence lists are extensive and cover a wide range of crimes including murder, sexual offences, assault, child abuse material, drug trafficking, and more. Many offences are only disqualifying if the victim was a child or vulnerable person, and in some cases only if the offender was not a relative.\n\nHistoric offences (committed before this regulation commenced, or even repealed offences) still count as disqualifying or presumptively disqualifying."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained focused on its original purpose of setting NSW-level requirements for NDIS worker screening checks. The multiple amendments likely reflect updates to keep pace with changes in the national NDIS Worker Screening framework rather than any fundamental expansion or contraction of scope. No evidence of scope drift is apparent from the provided information."},"complexity_factors":["Operates across two layers of government — a NSW regulation implementing a federal NDIS framework — which can be confusing to navigate","The actual substantive content of the regulation is not reproduced in the provided text, limiting full analysis","Multiple amended versions over time (six point-in-time versions since 2020) suggest the regulation has evolved in ways that could affect compliance obligations","Interaction with the national NDIS Worker Screening scheme and separate Commonwealth legislation adds cross-jurisdictional complexity","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer that affects the regulation's longevity and reliability as a compliance reference"],"plain_english_summary":"## National Disability Insurance Scheme (Worker Checks) Regulation 2020\n\n**What is this?**\nThis is a NSW regulation (a rule made under a broader law) that sets out requirements for **background checks on workers in the National Disability Insurance Scheme (NDIS)**. The NDIS is the federal government program that funds support and services for Australians with significant disabilities.\n\n**Who does it affect?**\n- **NDIS workers and support providers** operating in NSW who must undergo screening checks before working with people with disabilities\n- **NDIS participants** (people with disabilities) who benefit from these safety protections\n- **Employers and organisations** delivering NDIS services in NSW\n\n**What does it do?**\nIt provides the NSW-level rules that sit alongside the national NDIS Worker Screening framework — essentially filling in the details about how worker background checks are conducted in NSW. This includes things like what types of checks are required and how the process works at a state level.\n\n**Why does it matter?**\nPeople with disabilities are among the most vulnerable members of the community. These checks are a critical safeguard to prevent people with serious criminal histories or other risk factors from working unsupervised with NDIS participants.\n\n**⚠️ Important note:** This regulation is scheduled to be **automatically cancelled (repealed) on 1 September 2026** under NSW's routine process for reviewing subordinate legislation (lower-level rules made under a main Act). It will either be remade, replaced, or allowed to lapse at that point."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose of operationalising the worker screening scheme established by the parent Act. The 2024 and 2025 amendments (fee indexation and expert advisory panel provisions) represent routine administrative updates rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to multiple external Acts (NSW, Commonwealth, and other States/Territories) including the Crimes Act 1900, Criminal Code of the Commonwealth, and various state-based working with children/vulnerable people laws","Complex conditional logic for determining disqualifying offences — whether an offence counts depends on victim status (child/vulnerable person), age differences, relationship to victim (relative vs non-relative), and timing of offence commission","Two-tiered offence categorisation system (disqualifying vs presumptively disqualifying) with overlapping but distinct criteria","Numerous repealed provisions marked with asterisks that must still be interpreted for historical offences","Multiple schedules (4 total) containing detailed tabular offence lists spanning hundreds of specific statutory sections","Mathematical indexation formula for fees with CPI calculations, rounding rules, and floor provisions","Nested definitions including recursive references (e.g., 'relative' borrows meaning from another Act, 'vulnerable person' has 8 sub-criteria)","Interaction with corresponding interstate laws creating a mutual recognition framework"],"plain_english_summary":"This Regulation sets out the detailed rules for checking whether people who work with NDIS (National Disability Insurance Scheme) participants are safe to do so. It works together with the main Act (the National Disability Insurance Scheme (Worker Checks) Act 2018).\n\n**What it does:**\n\n*   **Defines who is a \"vulnerable person\"** — this includes adults who, because of age, illness or disability, have difficulty understanding their rights, making decisions, giving consent, or protecting themselves from harm.\n*   **Lists specific crimes that automatically disqualify someone** from working with NDIS participants. These include murder, genocide, child abuse material offences, animal sexual abuse, and various violent and sexual offences (especially where the victim was a child or vulnerable person). Some offences only count if the victim was under a certain age or not a relative.\n*   **Lists \"presumptively disqualifying offences\"** — these are serious crimes (like manslaughter, terrorism offences, serious drug crimes, and certain frauds) where the person is presumed unsuitable but may be able to argue their case.\n*   **Sets the fees** for applying for a clearance — free for volunteers, but a fee (starting at $105 in 2024–25 and indexed to inflation) for paid workers.\n*   **Recognises equivalent schemes** in other states and territories, so workers don't need multiple checks.\n*   **Specifies which other child protection laws** are relevant when deciding if someone should be cleared.\n\n**Who it affects:**\n\nAnyone who wants to work providing supports and services to NDIS participants in NSW, and the agencies that employ them. It also affects people with historical convictions, as offences committed before this Regulation started still count.\n\n**Why it matters:**\n\nThis Regulation provides the practical detail needed to protect people with disability from abuse, neglect and exploitation by ensuring workers with serious criminal histories (particularly involving violence, sexual offences, or abuse of vulnerable people) are screened out or closely assessed before they can work in the sector."}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-worker-checks-regulation-2020","history":"/api/acts/national-disability-insurance-scheme-worker-checks-regulation-2020/history","analysis":"/api/acts/national-disability-insurance-scheme-worker-checks-regulation-2020/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-worker-checks-regulation-2020/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-worker-checks-regulation-2020/important-cases","documents":"/api/acts/national-disability-insurance-scheme-worker-checks-regulation-2020/documents"}}