{"id":"national-disability-insurance-scheme-worker-clearance-act-2020","name":"National Disability Insurance Scheme (Worker Clearance) Act 2020","slug":"national-disability-insurance-scheme-worker-clearance-act-2020","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30300,"registerId":"nt-national-disability-insurance-scheme-worker-clearance-act-2020-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Disability Insurance Scheme (Worker Clearance) Act 2020","content":"NORTHERN TERRITORY OF AUSTRALIA\nNATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)\nACT 2020\nAs in force at 26 May 2021\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects of Act .................................................................................. 1\n4 Principles guiding screening checks ................................................ 2\n5 Act binds Crown .............................................................................. 2\n6 Application of Act ............................................................................. 3\n7 Interpretation ................................................................................... 3\n8 Meaning of more than incidental contact ......................................... 6\n9 Meaning of NDIS work ..................................................................... 7\n10 Meaning of presumed disqualified person ....................................... 7\n11 Meaning of risk assessed role ......................................................... 8\n12 Meaning of volunteer ....................................................................... 8\n13 Screening Agency ........................................................................... 8\n14 Application of Criminal Code ........................................................... 9\nPart 2 NDIS worker clearance\nDivision 1 Acceptance of applications\n15 Acceptance date for application for screening check....................... 9\n16 Persons ineligible to apply for screening check ............................... 9\nDivision 2 Requirements for application\n17 Application for screening check ..................................................... 10\n18 Applicant to give consent ............................................................... 10\n19 Disclosures .................................................................................... 11\n20 Employer verification ..................................................................... 11\nDivision 3 Assessment of application\n21 Eligibility to work while application assessed ................................. 12\n22 Assessment of application ............................................................. 13\n23 Determination of application .......................................................... 14\nDivision 4 Clearance granted\n24 Clearance granted ......................................................................... 15\n\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 ii\n25 Duration of clearance .................................................................... 15\n26 Cancellation of clearance .............................................................. 15\n27 Ongoing monitoring ....................................................................... 16\nDivision 5 Clearance refused or cancelled\n28 Application of Division ................................................................... 16\n29 Excluded persons .......................................................................... 17\nDivision 6 Interim bar or suspension\n30 Application of Division ................................................................... 18\n31 Interim bar ..................................................................................... 18\n32 Suspension .................................................................................... 19\n33 Internal review of interim bar or suspension .................................. 20\nDivision 7 Risk assessment\n34 Requirement for risk assessment .................................................. 20\n35 Matters to be considered when determining whether there is\nunacceptable risk of harm to participant ........................................ 20\n36 Staff to be appropriately skilled...................................................... 21\n37 Determination or intention of Screening Agency after risk\nassessment ................................................................................... 22\n38 Internal review of intention ............................................................. 22\n39 Determination of Screening Agency after intention notified ........... 23\nDivision 8 Miscellaneous matters\n40 Withdrawing application ................................................................. 23\n41 Surrender of clearance .................................................................. 24\nPart 3 Review of decision\n42 Internal review ............................................................................... 24\n43 Review by NTCAT ......................................................................... 25\n44 Confidentiality of classified information .......................................... 26\nPart 4 Collection, use, storage and disclosure of\ninformation\n45 Authorised purpose ....................................................................... 27\n46 Information only to be used for authorised purpose....................... 27\n47 Sharing and disclosing information ................................................ 27\n48 Screening Agency may disclose .................................................... 28\n49 Authorised person may disclose .................................................... 29\n50 Power to require relevant information from other persons ............. 29\n51 Criminal history information to be exchanged ................................ 29\n52 Information sharing – miscellaneous ............................................. 30\n\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 iii\nPart 5 Offences\n53 Unauthorised collection or use of information ................................ 30\n54 Offence to disclose certain information .......................................... 31\n55 Misleading information ................................................................... 31\n56 Fail to comply with request for information .................................... 33\nPart 6 Administrative matters\n57 Approved forms ............................................................................. 33\n58 Fees .............................................................................................. 33\n59 Evidentiary certificates ................................................................... 33\n60 Protection from liability .................................................................. 34\n61 Failure to give notice of decision ................................................... 34\n62 Regulations.................................................................................... 34\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 26 May 2021\n____________________\nNATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)\nACT 2020\nAn Act to provide for clearance for people providing support and\nservices to participants in the National Disability Insurance Scheme and\nfor related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the National Disability Insurance Scheme\n(Worker Clearance) Act 2020.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Objects of Act\nThe objects of this Act are to provide for screening checks intended\nto protect participants from harm arising from poor quality or unsafe\nsupports or services under the NDIS by:\n(a) demonstrating that the rights of participants to be safe and\nprotected are a high community priority; and\n(b) reducing the potential for providers of NDIS funded supports\nand services to engage individuals who pose an unacceptable\nrisk of harm to participants; and\n(c) prohibiting individuals who have a history of harm against\nparticipants from having more than incidental contact with\nparticipants when working for a provider of NDIS funded\nsupports and services; and\n(d) deterring individuals who pose an unacceptable risk of harm to\nparticipants from seeking NDIS work.\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 2\n4 Principles guiding screening checks\nScreening checks are to be guided by the following principles:\n(a) human rights – the paramount consideration is the right of\nparticipants to live their lives free from abuse, violence,\nneglect and exploitation, consistent with the United Nations\nConvention on the Rights of Persons with Disabilities;\n(b) duty of care – providers of NDIS funded supports and services\nhave the primary responsibility for ensuring that they do not\nengage unsuitable people and that their employees are not\nacting or behaving in any way that puts participants at risk of\nharm;\n(c) screening is risk-based – decisions are made based on the\npotential risk an individual poses to participants after\nassessing the details of a range of relevant information;\n(d) proportionality – only employees whose role provides a\nsignificant opportunity for harm to participants are required to\nundergo screening;\n(e) consistency – ensuring the screening check delivers the same\noutcome, regardless of the jurisdiction in which the\nassessment was conducted;\n(f) privacy and appropriate use of information – information about\nan individual, obtained in the course of conducting screening\nchecks, is not used for an improper purpose and is protected\nfrom inappropriate disclosure;\n(g) natural justice – procedural fairness and transparency,\nensuring screening check processes are independent and fair;\n(h) efficiency and effectiveness – streamlined screening\nprocesses for employees of providers of NDIS funded\nsupports and services who operate across jurisdictions, with a\nsingle screening process for all employees.\n5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 3\n6 Application of Act\nThis Act applies to and in relation to a person who, under Part 2 of\nthe National Disability Insurance Scheme (Practice Standards –\nWorker Screening) Rules 2018 (Cth), is required to have an NDIS\nworker clearance.\nNote for section 6\nRule 14(c) of the National Disability Insurance Scheme (Practice Standards –\nWorker Screening) Rules 2018 (Cth) provides that a person is not required to\nhave a clearance if the person is:\n(a) a secondary school student on a formal work experience placement with\na registered NDIS provider; and\n(b) directly supervised by a worker of the provider who has a clearance.\n7 Interpretation\n(1) In this Act:\nadult means a person who is 18 years of age or older.\naffected person, see section 42(2).\nAgency, see section 18A of the Interpretation Act 1978.\napplicant means an applicant for a screening check under this Act.\napproved form means a form approved under section 57.\nauthorised person means the following:\n(a) the Screening Agency;\n(b) an organisation or body performing screening checks in a\nState or another Territory;\n(c) a person performing functions or exercising powers under this\nAct or a corresponding law;\n(d) the NDIS Commission;\n(e) a law enforcement agency of the Territory or another\njurisdiction, including outside of Australia;\n(f) any other person, organisation or body prescribed by\nregulation.\nauthorised purpose, see section 45.\nCEO means the Chief Executive Officer of the Agency\nadministering this Act.\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 4\nchild means a person who is under 18 years of age.\nclearance means an NDIS worker clearance granted by the\nScreening Agency for a person to engage in NDIS work for a\nregistered NDIS provider or an NDIS provider.\nclearance holder means a person who holds a clearance under\nthis Act or a corresponding law to engage in NDIS work.\ncorresponding law is a law of a State or another Territory that\ncorresponds with this Act and includes a law that is prescribed by\nregulation as a corresponding law.\ncriminal intelligence, see section 6 of the Serious Crime Control\nAct 2009.\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision and the reasons for it; and\n(b) any right the person to whom the notice is to be given has,\nunder this Act or another Act, to apply for a review of, or to\nappeal, the decision.\nNote for definition decision notice\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nrequirements of a decision maker after the decision maker has made an NTCAT\nreviewable decision under this Act.\ndisqualified person means a person who, as an adult, committed\na disqualifying offence.\ndisqualifying offence means an offence prescribed by regulation\nas a disqualifying offence.\nengage, in relation to a person, means in any of the following\ncapacities:\n(a) as a paid or unpaid employee;\n(b) as a self-employed person or a contractor or subcontractor;\n(c) as a volunteer.\nexcluded, in relation to a person, see section 29.\ninterim bar, see rule 5 of the National Disability Insurance Scheme\n(Practice Standards – Worker Screening) Rules 2018 (Cth).\nmore than incidental contact, see section 8.\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 5\nNDIS Act means the National Disability Insurance Scheme\nAct 2013 (Cth) and includes the rules under that Act.\nNDIS Code of Conduct means the National Disability Insurance\nScheme (Code of Conduct) Rules 2018 made under the NDIS Act.\nNDIS Commission means the NDIS Quality and Safeguards\nCommission established under the NDIS Act.\nNDIS provider means a provider of NDIS funded supports and\nservices under the NDIS Act.\nNDIS work, see section 9.\nnon-conviction charge means proceedings that have been\ncommenced against a person as an adult or a child in relation to a\ncharge, but were not finally determined because the proceedings\nwere discontinued.\nExamples for definition non-conviction charge\nExamples for a non-conviction charge include the following proceedings:\n(a) a proceeding that was withdrawn;\n(b) a proceeding that was the subject of a nolle prosequi, a no true bill or a\nsubmission of no evidence to offer;\n(c) a proceeding that led to a conviction that was quashed on appeal or on\nwhich a person was acquitted or disposed of by a court otherwise than by\nway of conviction.\nNTCAT reviewable decision, see section 43(1).\nongoing monitoring, see section 27.\nparticipant, see section 9 of the NDIS Act.\npending charge means a current charge for a criminal offence that\nhas not yet been determined, whether the person is being dealt with\nas an adult or a child.\npresumed disqualifying offence means an offence prescribed by\nregulation as a presumed disqualifying offence.\npresumed disqualified person, see section 10.\nregistered NDIS provider means a provider of NDIS funded\nsupports and services registered under the NDIS Act.\nreviewable decision, see section 42(1).\nrisk assessed role, see section 11.\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 6\nrisk assessment, see section 34.\nScreening Agency means the person or Agency declared by the\nMinister under section 13.\nscreening check means an NDIS worker screening check\nundertaken by the Screening Agency to assess whether an\napplicant is eligible to hold a clearance.\nspent conviction means a conviction which, in accordance with\nthe Criminal Records (Spent Convictions) Act 1992, no longer\nforms part of a person’s criminal history.\nTribunal affected person, see section 43(2).\nvolunteer, see section 12.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A term defined in the NDIS Act has the same meaning in this Act\nunless separately defined for this Act.\n8 Meaning of more than incidental contact\n(1) Without limiting what may constitute more than incidental\ncontact, the normal duties of a role are likely to require more than\nincidental contact with a participant if those duties include:\n(a) physically touching a participant; or\n(b) building a rapport with a participant as an integral and ordinary\npart of the performance of those duties; or\n(c) having contact with multiple participants:\n(i) as part of the direct delivery of a specialist disability\nsupport or service; or\n(ii) in a specialist disability accommodation setting.\nExamples for subsection (1)\n1 The role of an employee involves the delivery of mobility equipment to the\nhomes of participants. As a standard part of that role, the employee provides\ntraining and instructions to the participant about how to use the equipment\nsafely and makes adjustments to the equipment to make it suitable for the\nparticipant. This role is likely to require more than incidental contact. This is\nbecause there is \"contact\" with the participant. The ordinary content of that\ncontact (testing the participant's needs and preferences with them, talking\nabout and responding to the nature of their disability) means that there is a\nlevel of openness and trust required on the part of the participant which would\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 7\nroutinely involve the employee building a level of rapport with them.\n2 An accountant works for a business that supplies custom prosthetics to\nparticipants, and performs only \"back office\" duties. The accountant has\ncoincidental contact with participants many work days, when moving through\npublic areas of the business, at which time the accountant nods and says\nhello to the customers. The accountant's role does not involve more than\nincidental contact with participants. This is because the duties of the role do\nnot require the accountant to have more than polite, functional contact with\nparticipants, or get to know them in any way.\n(2) In this section:\ncontact includes physical contact, face-to-face contact, oral\ncommunication, written communication and electronic\ncommunication.\n9 Meaning of NDIS work\n(1) NDIS work means work comprising, or in connection with, the\nprovision of supports or services by registered NDIS providers or\nNDIS providers to participants.\n(2) In this section:\nwork means work:\n(a) that is the subject of requirements under the NDIS Act for a\nperson to hold a clearance under this Act or a corresponding\nlaw in order to be allowed by a registered NDIS provider or\nNDIS provider to engage in that work; or\n(b) that the Screening Agency is satisfied is work in respect of\nwhich it is otherwise necessary or convenient for a person to\nhold a clearance to facilitate the person's engagement in that\nwork.\n10 Meaning of presumed disqualified person\n(1) A person who, as an adult, committed a presumed disqualifying\noffence is a presumed disqualified person.\n(2) A person who is the subject of pending criminal proceedings for a\ndisqualifying offence or a presumed disqualifying offence, allegedly\ncommitted as an adult, is also a presumed disqualified person.\n(3) A presumed disqualified person must be refused a clearance\nunless there are exceptional circumstances.\n\nPart 1 Preliminary matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 8\n11 Meaning of risk assessed role\n(1) A risk assessed role is:\n(a) a key personnel role of a person or an entity; or\n(b) a role for which the normal duties include the direct delivery of\nspecified supports or specified services to a participant; or\n(c) a role for which the normal duties are likely to require more\nthan incidental contact with a participant.\n(2) A registered NDIS provider must:\n(a) assess all roles in which the provider's employees and other\npersonnel will engage; and\n(b) identify each one that is a risk assessed role.\n(3) An NDIS provider may:\n(a) assess all roles in which the provider's employees and other\npersonnel will engage; and\n(b) identify each one that is a risk assessed role.\n(4) A role is a role with a particular registered NDIS provider or NDIS\nprovider, whether the duties of the role are performed by an\nemployee or other personnel.\n12 Meaning of volunteer\n(1) A person is a volunteer if the person:\n(a) may be engaged by another person to do NDIS work as a\nvolunteer; or\n(b) may do NDIS work as a volunteer on the person's own\naccount.\n(2) A person mentioned in subsection (1)(b) is taken to be a\nself-employed person who engages themselves as a volunteer.\n13 Screening Agency\nThe Minister may, by Gazette notice, declare a person or an\nAgency to be the Screening Agency.\n\nPart 2 NDIS worker clearance\nDivision 1 Acceptance of applications\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 9\n14 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 14\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 NDIS worker clearance\nDivision 1 Acceptance of applications\n15 Acceptance date for application for screening check\n(1) An application for a screening check may be made at any time after\nthe commencement of this section.\n(2) However, an application that is made before the application\nacceptance date (the acceptance date) is taken to have been\nmade on the acceptance date.\n(3) The CEO must, by Gazette notice, give notice of the acceptance\ndate.\n16 Persons ineligible to apply for screening check\n(1) A person cannot apply for a screening check if:\n(a) the person has had a clearance refused or cancelled under\nthis Act or a corresponding law because the person is a\ndisqualified person; or\n(b) the person has made an application for a screening check\nunder this Act or a corresponding law and that application is\npending (whether or not the application is subject to an interim\nbar); or\n(c) the person currently holds a clearance under this Act or a\ncorresponding law, unless the application is made no more\nthan 3 months before the expiry of the current clearance; or\n(d) the person is subject to a prohibition for 5 years from applying\nfor a screening check following refusal or cancellation of a\nclearance.\nNote for subsection (1)(d)\nDivision 5 applies in relation to a prohibition.\n\nPart 2 NDIS worker clearance\nDivision 2 Requirements for application\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 10\n(2) An application made in contravention of subsection (1) is not a valid\napplication and must be rejected.\nDivision 2 Requirements for application\n17 Application for screening check\n(1) An application for a screening check must be made to the\nScreening Agency in the approved form.\n(2) The application must:\n(a) include the prescribed information; and\n(b) include the prescribed proof of identity; and\n(c) be accompanied by the prescribed fee.\n(3) The Screening Agency may, by written notice, request from an\napplicant further information relevant to the determination of the\napplication.\n(4) If the applicant fails to provide information requested under\nsubsection (3) within the time prescribed by regulation, the\napplication is taken to be discontinued.\n18 Applicant to give consent\n(1) An applicant for a screening check must consent:\n(a) to the Screening Agency seeking information from law\nenforcement agencies, the NDIS Commission and other\nprescribed organisations; and\n(b) for those bodies to provide information relevant to the\ndetermination of the application to the Screening Agency.\n(2) The applicant must also consent to:\n(a) the result of the screening check in relation to the applicant\nbeing disclosed to the applicant's current and prospective\nemployers, the NDIS Commission and screening authorities of\nother States or another Territory; and\n(b) relevant information (including the result of the screening\ncheck in relation to the applicant) being entered in a database\nfor clearances for the NDIS; and\n\nPart 2 NDIS worker clearance\nDivision 2 Requirements for application\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 11\n(c) if a clearance is granted – ongoing monitoring for the duration\nof the clearance of the applicant's eligibility to maintain the\nclearance; and\n(d) the sharing of information relating to the applicant between\nlaw enforcement agencies and the NDIS Commission for\nscreening processes for working with vulnerable people.\n(3) The applicant may consent to a secondary use of de-identified\ninformation for research purposes or compilation of statistics for use\nin workforce development, service improvement and quality and\nsafety improvements.\nNote for subsection (3)\nSee IPP2 in the Information Act 2002.\n19 Disclosures\nAn application for clearance must disclose each of the following that\napplies to or in relation to the applicant:\n(a) whether the applicant has been refused a clearance or has\nbeen unsuccessful in other working with vulnerable persons\nscreening in Australia or internationally;\n(b) any international criminal history;\n(c) information about domestic violence orders or child protection\norders;\n(d) any workplace misconduct findings;\n(e) any other matter the applicant considers relevant to the\napplication.\n20 Employer verification\n(1) A screening check is required to be performed in relation to a\nperson who is engaged by, or to be engaged by, a registered NDIS\nprovider.\n(2) However, a screening check may also be performed in relation to a\nperson who is:\n(a) engaged by, or to be engaged by, an NDIS provider; or\n(b) a self-employed person who engages in NDIS work.\n\nPart 2 NDIS worker clearance\nDivision 3 Assessment of application\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 12\n(3) For an application for a screening check to be processed, a\nregistered NDIS provider or an NDIS provider must verify that the\napplicant is, or will be, engaged in NDIS work.\n(4) If an applicant's nominated registered NDIS provider or NDIS\nprovider does not, within the timeframe required by the Screening\nAgency, verify that the applicant is engaged by, or to be engaged\nby, the registered NDIS provider or NDIS provider in NDIS work,\nthe application is discontinued.\nDivision 3 Assessment of application\n21 Eligibility to work while application assessed\n(1) Subject to subsections (2) and (3), an applicant may engage in\nNDIS work once the applicant has submitted an application for a\nscreening check.\n(2) For an applicant to begin NDIS work while the applicant's\napplication is pending, the following conditions must have been\nmet:\n(a) the application must be complete in accordance with the\nrequirements of this Act;\n(b) the application must not have been discontinued or been\nwithdrawn;\n(c) the applicant must not have previously been refused a\nclearance under a screening check or had the applicant's\nclearance cancelled;\n(d) the applicant must not be the subject of an interim bar;\n(e) the applicant's employer must have agreed the applicant can\nwork while the applicant's application is being assessed;\n(f) the applicant's employer must have put in place risk\nmanagement strategies;\n(g) the applicant's employer must have arranged for the applicant\nto be supervised by another person who has a clearance.\nNote for subsection (2)(d)\nSee section 31 in relation to an interim bar.\n(3) An applicant must not begin NDIS work under subsection (1) if the\napplicant's application for a screening check was made in a\njurisdiction that does not allow an applicant to engage in NDIS work\nwhile the applicant's application is being determined.\n\nPart 2 NDIS worker clearance\nDivision 3 Assessment of application\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 13\n22 Assessment of application\n(1) The Screening Agency must assess an application for a screening\ncheck received under section 17.\n(2) In making an assessment for an application under subsection (1),\nthe Screening Agency must:\n(a) conduct a criminal history information check in relation to the\napplicant; and\n(b) assess any disciplinary and misconduct information about the\napplicant supplied by the NDIS Commission to the Screening\nAgency, including:\n(i) any adverse and substantiated findings of a formal\ninvestigation; and\n(ii) any adverse actions by the NDIS Commission; and\n(c) assess the outcomes of previous screening checks in relation\nto the applicant.\nExample for subsection (2)(b)(i)\nA reportable incident notification, complaint or breach of the NDIS Code of\nConduct.\nExample for subsection (2)(b)(ii)\nBanning orders.\n(3) In making an assessment for an application under subsection (1),\nthe Screening Agency may take into account the following:\n(a) additional information held by law enforcement agencies about\nthe circumstances of an offence or alleged offence if available;\n(b) any other information relevant to determining an applicant's\neligibility for a clearance, including information obtained\nthrough self-disclosure.\n(4) Information mentioned in subsection (3)(b) includes, but is not\nlimited to, the following:\n(a) international criminal history;\n(b) domestic violence and child protection orders relating to the\napplicant;\n\nPart 2 NDIS worker clearance\nDivision 3 Assessment of application\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 14\n(c) information about any previous working with children checks,\nworking with vulnerable persons checks or other worker\nscreening processes the applicant has undergone;\n(d) information from any reportable or notifiable conduct schemes,\nsuch as from the Ombudsman or any professional complaints\nbodies or associations;\n(e) employer or other professional records or information about\nthe applicant, including professional references;\n(f) courts and tribunals records.\n23 Determination of application\n(1) Unless an application is discontinued or is withdrawn, the\nScreening Agency must decide:\n(a) to grant clearance to an applicant; or\n(b) to refuse clearance to an applicant; or\n(c) to impose an interim bar on the applicant.\n(2) The Screening Agency must refuse clearance to an applicant:\n(a) if the applicant is a disqualified person; or\n(b) if, after the assessment of the application under section 22,\nthe Screening Agency determines that the applicant poses an\nunacceptable risk of harm to participants.\n(3) The Screening Agency may refuse clearance if the Screening\nAgency is not satisfied that the applicant is or will be engaged to do\nNDIS work.\nNote for subsections (2) and (3)\nDivision 5 applies if an applicant's clearance is refused.\n(4) The Screening Agency must:\n(a) notify an applicant, in writing, if the Screening Agency refuses\nclearance to the applicant; and\n(b) notify the NDIS Commission if a clearance is refused to an\napplicant.\n\nPart 2 NDIS worker clearance\nDivision 4 Clearance granted\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 15\nDivision 4 Clearance granted\n24 Clearance granted\n(1) The Screening Agency may grant clearance to an applicant:\n(a) who has not previously been refused clearance; and\n(b) does not have a relevant criminal history or disciplinary or\nmisconduct record; and\n(c) if no issues arise through self-disclosure or any relevant and\nassessable records.\nNote for subsection (1)\nA clearance may also be granted after a risk assessment of the applicant under\nsection 37(1)(a)(i).\n(2) A clearance, once granted, is portable across roles and employers\nwithin the NDIS.\n(3) The Screening Agency must:\n(a) notify an applicant, in writing, if the Screening Agency grants\nthe applicant a clearance; and\n(b) notify the NDIS Commission if a clearance is granted to an\napplicant.\n25 Duration of clearance\nA clearance remains in force for 5 years from the date of the\nclearance unless earlier surrendered, suspended or cancelled.\n26 Cancellation of clearance\n(1) The Screening Agency may, without proceeding to a risk\nassessment, cancel a person's clearance if:\n(a) the clearance was granted as a result of an invalid application;\nor\n(b) the clearance was granted by mistake and should not have\nbeen granted; or\n(c) the Screening Agency is no longer satisfied that the person is\nor will be engaged to do NDIS work.\n\nPart 2 NDIS worker clearance\nDivision 5 Clearance refused or cancelled\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 16\n(2) The Screening Agency must:\n(a) notify a person, in writing, if the Screening Agency cancels the\nperson's clearance; and\n(b) notify the NDIS Commission if a person's clearance is\ncancelled.\nNote for section 26\nDivision 5 applies if a person's clearance has been cancelled.\n27 Ongoing monitoring\n(1) A clearance holder is subject to ongoing monitoring by the\nScreening Agency of the following:\n(a) relevant criminal charges brought against the clearance\nholder;\n(b) NDIS Commission records;\n(c) other information the Screening Agency considers relevant.\n(2) The Screening Agency may, as a result of monitoring as mentioned\nin subsection (1):\n(a) suspend a person's clearance; or\n(b) cancel a person's clearance.\n(3) The Screening Agency must cancel a person's clearance if the\nperson is a disqualified person.\n(4) The Screening Agency must notify the NDIS Commission if a\nperson's clearance is suspended or cancelled.\nNotes for section 27\n1 Division 5 applies if a person's clearance is cancelled.\n2 Division 6 applies if a person's clearance is suspended.\nDivision 5 Clearance refused or cancelled\n28 Application of Division\nThis Division applies if the Screening Agency, in relation to a\nperson:\n(a) decides to refuse clearance to an applicant under\nsection 23(1)(b); or\n\nPart 2 NDIS worker clearance\nDivision 5 Clearance refused or cancelled\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 17\n(b) decides to cancel the person's clearance under section 26(1);\nor\n(c) decides to cancel the person's clearance under\nsection 27(2)(b); or\n(d) decides to refuse clearance to an applicant after conducting a\nrisk assessment under section 39(1)(a); or\n(e) decides to cancel the person's clearance after conducting a\nrisk assessment under section 39(1)(b); or\n(f) is advised that the person has had clearance refused or\ncancelled under a corresponding law.\n29 Excluded persons\n(1) A person mentioned in section 28 is excluded from NDIS work.\n(2) Excluded persons are prohibited from engaging in NDIS work and\ndelivering non-specified supports and services entailing more than\nincidental contact with a participant, as a registered NDIS provider\nor an NDIS provider or as a person employed by a registered NDIS\nprovider or an NDIS provider.\nNote for subsection (2)\nExcluded persons are also required under the NDIS Code of Conduct to disclose\nthe outcome of the person's screening check to any person or provider to whom\nthey are providing supports or services under the NDIS.\n(3) An excluded person (except a person mentioned in\nsection 26(1)(c)) may not reapply for a screening check for a period\nof 5 years after the date of the decision.\nNote for subsection (3)\nIf the reason the person's clearance was refused or cancelled is because the\nperson is a disqualified person, the person will not be subject to the prohibition.\nA disqualified person is permanently disqualified from reapplying for a clearance\nunder section 16(1)(a).\n(4) The effect of the prohibition is that the person is prohibited for\n5 years from the date of the refusal or cancellation from reapplying\nfor a screening check, unless:\n(a) there has been a relevant change of circumstances in relation\nto the reason for the prohibition; or\n(b) there are other exceptional circumstances that the Screening\nAgency considers would allow for reconsideration of the\nprohibition.\n\nPart 2 NDIS worker clearance\nDivision 6 Interim bar or suspension\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 18\n(5) In this section:\nrelevant change of circumstances means one or more of the\nfollowing:\n(a) proceedings for an offence on which the refusal or\ncancellation was based are withdrawn or dealt with without the\nperson being found guilty of the offence;\n(b) a finding of guilt for an offence on which the refusal or\ncancellation was based is quashed or set aside;\n(c) if the refusal or cancellation was based on a risk\nassessment – a finding that was the subject of the risk\nassessment is quashed or set aside or otherwise expressly or\nimpliedly ceases to have effect;\n(d) any other change of circumstances that the Screening Agency\nconsiders should result in the person being permitted to make\nan application.\nDivision 6 Interim bar or suspension\n30 Application of Division\nThis Division applies if the Screening Agency:\n(a) imposes an interim bar on an applicant under section 23(1)(c);\nor\n(b) suspends the clearance of a person under section 27(2)(a).\n31 Interim bar\n(1) An interim bar prevents an applicant from engaging in NDIS work\nwhile the applicant's application is pending.\n(2) The Screening Agency must impose an interim bar in relation to an\napplicant:\n(a) if the applicant is subject to a pending charge for a\ndisqualifying offence – until the charge is resolved or the\nScreening Agency determines the application; or\n(b) if the applicant is subject to a banning order by the NDIS\nCommission – until the NDIS Commission varies or revokes\nthe banning order, or the Screening Agency determines the\napplication; or\n\nPart 2 NDIS worker clearance\nDivision 6 Interim bar or suspension\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 19\n(c) if the Screening Agency is satisfied there is a reasonable\nlikelihood that a risk assessment of the applicant will\ndetermine that the applicant poses an unacceptable risk of\nharm to participants.\n(3) An interim bar remains in place until the Screening Agency\ndetermines the application relating to the applicant on whom the\ninterim bar is imposed.\n(4) If the Screening Agency decides to impose an interim bar on an\napplicant, the Screening Agency must give the applicant a decision\nnotice for that decision.\n(5) The Screening Agency must:\n(a) notify an applicant, in writing, when an interim bar relating to\nthe applicant ceases to be in effect; and\n(b) notify the NDIS Commission if an interim bar is imposed on an\napplicant, and also if an interim bar ceases to be in effect.\n32 Suspension\n(1) A suspension of a person's clearance prevents the person from\nengaging in NDIS work until the Screening Agency decides whether\nto lift the suspension or cancel the clearance.\n(2) The Screening Agency must suspend a clearance in relation to a\nperson:\n(a) if the person is subject to a pending charge for a disqualifying\noffence – until the charge is resolved or the Screening Agency\ncompletes a risk assessment; or\n(b) if the person is subject to a banning order by the NDIS\nCommission – until the NDIS Commission varies or revokes\nthe banning order, or the Screening Agency completes a risk\nassessment; or\n(c) if the Screening Agency is satisfied that there is a reasonable\nlikelihood that a risk assessment of the person will determine\nthat the person poses an unacceptable risk of harm to\nparticipants.\n(3) If the Screening Agency decides to suspend a person's clearance,\nthe Screening Agency must give the person a decision notice for\nthat decision.\n\nPart 2 NDIS worker clearance\nDivision 7 Risk assessment\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 20\n(4) The Screening Agency must:\n(a) notify a person, in writing, when a suspension of the person's\nclearance is lifted; and\n(b) notify the NDIS Commission if a person's clearance is\nsuspended, and also if the suspension is lifted.\n33 Internal review of interim bar or suspension\n(1) Subject to subsection (3), the following decisions are reviewable:\n(a) a decision to impose an interim bar on an applicant;\n(b) a decision to suspend a person's clearance.\n(2) The applicant or the person may seek an internal review of the\ndecision if the interim bar or suspension has been imposed or in\nplace for 6 months or longer.\n(3) A person whose clearance has been suspended is not entitled to\napply for a review if the person is a disqualified person, except on\nthe grounds that the person is a disqualified person only because of\nmistaken identity.\nNote for section 33\nIf a person is unsuccessful on an internal review, the person may seek review of\nthe decision by NTCAT – see section 43.\nDivision 7 Risk assessment\n34 Requirement for risk assessment\nThe Screening Agency may conduct a risk assessment of a\nperson if:\n(a) the person is an applicant on whom an interim bar has been\nimposed under section 23(1)(c); or\n(b) the person's clearance is suspended under section 27(2)(a).\n35 Matters to be considered when determining whether there is\nunacceptable risk of harm to participant\n(1) In determining if a person poses an unacceptable risk of harm to a\nparticipant, the Screening Agency does not need to be satisfied that\nit is likely the person will cause harm to a participant in the future.\n\nPart 2 NDIS worker clearance\nDivision 7 Risk assessment\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 21\n(2) In determining whether a person poses an unacceptable risk of\nharm to a participant, the Screening Agency must consider the\nfollowing factors:\n(a) the nature, gravity and circumstances of any offence\ncommitted, or alleged to have been committed, or misconduct\nby the person or other relevant information and how this is\nrelevant to disability-related work;\n(b) the length of time that has passed since the event occurred;\n(c) the vulnerability of the victim at the time of the event and the\nperson's relationship to the victim or position of authority over\nthe victim at the time of the event;\n(d) the person's criminal, misconduct or disciplinary or other\nrelevant history, including whether there is a pattern of\nconcerning behaviour;\n(e) the person's conduct since the event;\n(f) all other relevant circumstances in respect of the person's\noffending, misconduct and disciplinary or other relevant history\nand the impact on the person's eligibility to be engaged in\nNDIS work.\n(3) To determine the relevant weight given to information in a risk\nassessment, the Screening Agency must take into account the\ncontext and characteristics of the information, including reliability,\nhow it was obtained and the nature, extent and outcome of\ninvestigations.\n(4) The rights of a person to work with a participant are not relevant in\ndetermining whether or not a person poses an unacceptable risk of\nharm.\n(5) If a person has multiple criminal offences of varying severity, the\nScreening Agency must consider disqualifying offences and\npresumed disqualifying offences before considering other offences.\n36 Staff to be appropriately skilled\n(1) A risk assessment of a person must only be undertaken by\nappropriately skilled staff.\n(2) In this section:\nappropriately skilled includes having appropriate qualifications,\nexperience or standing to make the assessment, as determined by\nthe Screening Agency.\n\nPart 2 NDIS worker clearance\nDivision 7 Risk assessment\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 22\n37 Determination or intention of Screening Agency after risk\nassessment\n(1) At the completion of a risk assessment the Screening Agency may:\n(a) for an applicant to whom an interim bar has been imposed:\n(i) grant the clearance; or\n(ii) if the risk assessment indicates that the applicant poses\nan unacceptable risk of harm to a participant – indicate\nan intention to refuse the clearance; or\n(b) for a person subject to a suspension:\n(i) lift the suspension; or\n(ii) if the risk assessment indicates that the person poses an\nunacceptable risk of harm to a participant – indicate an\nintention to cancel the clearance.\n(2) The Screening Agency must notify the person, in writing, of the\nScreening Agency's determination or intention under subsection (1).\n(3) The notice must give reasons for the intention to refuse or cancel\nthe clearance and advise the person of the process for requesting\nan internal review of the proposed decision.\n38 Internal review of intention\n(1) Subject to subsection (3), an intention to refuse clearance to an\napplicant or cancel a person's clearance is reviewable.\n(2) The applicant or the person may seek an internal review of the\nintention within the time specified in the notice given under\nsection 37(2).\n(3) An applicant whose clearance has been refused or a person whose\nclearance has been suspended is not entitled to apply for a review\nif the applicant or the person is a disqualified person, except on the\ngrounds that the applicant or the person is a disqualified person\nonly because of mistaken identity.\nNote for section 38\nIf a person is unsuccessful on an internal review, the person may seek review of\nthe decision by NTCAT – see section 43.\n\nPart 2 NDIS worker clearance\nDivision 8 Miscellaneous matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 23\n39 Determination of Screening Agency after intention notified\n(1) If no application for internal review is received within the specified\ntime in the notice given under section 37(2), the Screening Agency\nmust:\n(a) if the Screening Agency is proceeding under\nsection 37(1)(a)(ii) – refuse the clearance; or\n(b) if the Screening Agency is proceeding under\nsection 37(1)(b)(ii) – cancel the clearance.\n(2) The Screening Agency must notify the person, in writing, of the\nScreening Agency's decision under subsection (1).\n(3) The Screening Agency must notify the NDIS Commission of:\n(a) the outcome of an application for a screening check; or\n(b) the cancellation of a person's clearance.\nNote for section 39\nDivision 5 applies if an applicant is refused clearance or a person's clearance has\nbeen cancelled.\nDivision 8 Miscellaneous matters\n40 Withdrawing application\n(1) An applicant may withdraw the applicant's application for a\nscreening check at any time before the Screening Agency has\ndetermined the application, unless an interim bar has been imposed\non the applicant.\n(2) An application cannot be withdrawn if:\n(a) the Screening Agency refused clearance as a result of the\napplicant's most recent previous application for a screening\ncheck; or\n(b) the clearance most recently held by the applicant was\ncancelled, other than:\n(i) at the request of the applicant; or\n(ii) because the applicant was no longer doing NDIS work.\n(3) A request to withdraw an application must be in the approved form.\n(4) The Screening Agency must consent to the withdrawal.\n\nPart 3 Review of decision\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 24\n(5) The Screening Agency must:\n(a) notify an applicant, in writing, if the Screening Agency\nconsents to the withdrawal; and\n(b) notify the NDIS Commission if an applicant's application is\nwithdrawn.\n41 Surrender of clearance\n(1) A clearance holder may, at any time, request cancellation of the\nclearance by written notice to the Screening Agency.\n(2) The Screening Agency must, as soon as practicable after receiving\nthe request, cancel the clearance.\n(3) However, the Screening Agency must not accede to the request for\ncancellation if:\n(a) the clearance (including a clearance held under a\ncorresponding law) is suspended; or\n(b) the Screening Agency is undertaking, or proposing to\nundertake, a risk assessment of the clearance holder.\n(4) The Screening Agency must:\n(a) notify a person, in writing, if the Screening Agency cancels the\nperson's clearance; and\n(b) notify the NDIS Commission if a person's clearance is\ncancelled.\nPart 3 Review of decision\n42 Internal review\n(1) A reviewable decision is a decision made by the Screening\nAgency that is designated as reviewable by this Act.\nNote for subsection (1)\nThe following decisions are designated as reviewable:\n(a) a decision to impose an interim bar on an applicant or suspend a\nperson's clearance after 6 months has elapsed under section 33;\n(b) an intention to refuse clearance to an applicant or cancel a person's\nclearance under section 38.\n\nPart 3 Review of decision\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 25\n(2) An affected person, for a reviewable decision, is the applicant or\nthe person whose clearance has been suspended or whose\nclearance is intended to be cancelled.\n(3) An affected person for a reviewable decision may apply to the CEO\nfor an internal review of the decision.\n(4) The CEO may appoint a public sector employee (the internal\nreviewer) to conduct an internal review of a reviewable decision.\n(5) The CEO must be satisfied that the employee has the\nqualifications, experience and personal qualities necessary to\nreview the reviewable decision.\n(6) In reviewing the decision, the internal reviewer must:\n(a) follow the procedures (if any) for review prescribed by\nregulation; and\n(b) comply with the rules of natural justice.\n(7) An internal reviewer who reviews a decision may:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set the decision aside and substitute a new decision.\n(8) The decision of an internal reviewer in relation to the review of an\nintention to refuse a clearance under section 37(1)(a)(ii) or an\nintention to cancel a clearance under section 37(1)(b)(ii) takes\neffect as a final decision for the application or clearance.\nNote for subsection (8)\nIf a person is unsuccessful on an internal review, the person may seek review of\nthe decision by NTCAT – see section 43.\n43 Review by NTCAT\n(1) NTCAT has jurisdiction to review the following decisions (an\nNTCAT reviewable decision):\n(a) a decision of the internal reviewer under section 42 in relation\nto an interim bar or suspension;\n(b) a decision of the internal reviewer under section 42 in relation\nto an intention to refuse clearance to an applicant or cancel a\nperson's clearance.\n\nPart 3 Review of decision\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 26\n(2) A Tribunal affected person for the decision is the applicant or the\nperson whose clearance has been suspended or cancelled.\n(3) A Tribunal affected person for an NTCAT reviewable decision may\napply to NTCAT for a review of the decision.\n(4) The right to apply for review of the decision mentioned in\nsubsection (1) arises only:\n(a) after the Tribunal affected person has requested an internal\nreview of the decision; and\n(b) if the result of that review remained adverse to the Tribunal\naffected person.\nNote for section 43\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n44 Confidentiality of classified information\n(1) In exercising its jurisdiction to review an NTCAT reviewable\ndecision under this Part, NTCAT must take steps to maintain the\nconfidentiality of classified information provided to it by the\nCommissioner of Police.\n(2) If NTCAT considers the classified information is criminal\nintelligence, the steps taken under subsection (1) include steps to\nreceive evidence and hear argument about the information in\nprivate in the absence of the parties to the proceedings, their\nrepresentatives and the public.\n(3) If NTCAT considers classified information is not criminal\nintelligence, NTCAT must allow the Commissioner of Police to\nwithdraw the classified information from consideration.\n(4) This section applies to an appeal to the Supreme Court under\nsection 141 of the Northern Territory Civil and Administrative\nTribunal Act 2014 brought by a party in relation to a decision of\nNTCAT made in the exercise of its review jurisdiction under this\nPart.\n(5) In this section:\nclassified information means information the Commissioner of\nPolice classifies as criminal intelligence under the Serious Crime\nControl Act 2009.\n\nPart 4 Collection, use, storage and disclosure of information\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 27\nPart 4 Collection, use, storage and disclosure of\ninformation\n45 Authorised purpose\n(1) An authorised purpose is any purpose connected with assessing\na person's suitability to work with participants in accordance with\nthis Act or any other law, including the following:\n(a) verifying the person's identity;\n(b) determining whether the person poses an unacceptable risk of\nharm to a participant;\n(c) determining whether a risk assessment is required in relation\nto the person;\n(d) ongoing monitoring of a clearance holder;\n(e) conducting a review of a decision made under this Act;\n(f) for research or statistical purposes;\n(g) for any other purpose prescribed by regulation.\n(2) In addition to the matters specified in subsection (1), the following\nare also authorised purposes:\n(a) providing the information to an organisation or body\nperforming screening checks in a State or another Territory;\n(b) sharing relevant information for entry in a database for\nclearances for the NDIS;\n(c) sharing information with an authorised person on request, or\nwhen the Screening Agency considers it appropriate.\n46 Information only to be used for authorised purpose\nInformation obtained under this Act must only be used by the\nScreening Agency for an authorised purpose.\n47 Sharing and disclosing information\n(1) The Screening Agency must ensure that information made\navailable to other persons, bodies or organisations is:\n(a) appropriate and relevant for the purposes of conducting a\nscreening check; and\n(b) made available only to authorised persons; and\n\nPart 4 Collection, use, storage and disclosure of information\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 28\n(c) collected through lawful and fair means; and\n(d) accurate, up-to-date, complete and not misleading; and\n(e) made available in a timely manner.\n(2) The Screening Agency must:\n(a) take the steps that are reasonable in the circumstances to\nprotect personal information from misuse, interference, loss,\nunauthorised access, modification and disclosure; and\n(b) put in place formal information sharing processes and\nmechanisms that are reliable, robust and transparent.\n48 Screening Agency may disclose\n(1) The Screening Agency is authorised to:\n(a) inform any authorised persons of the outcome of an\napplicant's screening check; and\n(b) inform any authorised persons if an interim bar has been\nimposed on an applicant or a person has had the person's\nclearance suspended or cancelled.\n(2) The Screening Agency is also authorised to provide to an\nauthorised person relevant information about an applicant or a\nclearance holder:\n(a) for the purpose of:\n(i) verifying the identity of the applicant or clearance holder\nor verifying the applicant's or clearance holder's\nclearance status; or\n(ii) conducting a risk assessment in relation to the applicant\nor clearance holder; or\n(b) for any other reason prescribed by regulation.\n(3) The Screening Agency may also provide to an authorised person\ninformation about relevant offences that has been obtained for the\npurposes of assessing a person's suitability to work with a\nparticipant.\n\nPart 4 Collection, use, storage and disclosure of information\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 29\n49 Authorised person may disclose\nAn authorised person may disclose to any other authorised person\nany information obtained in accordance with this Act if:\n(a) there are reasonable grounds to suspect that there is a risk of\nsignificant harm to a person with disability, a child or\nvulnerable person; and\n(b) the disclosure is necessary to prevent that harm.\n50 Power to require relevant information from other persons\n(1) The Screening Agency may, by written notice, require a person to\nprovide information that is relevant to assessing the risk of harm\nposed by an applicant or a clearance holder.\n(2) The person to whom the notice is given is authorised to provide the\ninformation.\n51 Criminal history information to be exchanged\n(1) The Screening Agency may, on request, provide criminal history\ninformation relating to a person to the NDIS Commission or\nscreening authority of a State or another Territory, and may request\ncriminal history information relating to an applicant or a clearance\nholder from any of the following:\n(a) a law enforcement agency of the Territory;\n(b) the screening authority of a State or another Territory;\n(c) the NDIS Commission;\n(d) the Australian Criminal Intelligence Commission;\n(e) a law enforcement agency of the Commonwealth or a State or\nanother Territory.\n(2) Criminal history information includes the following in relation to a\nperson:\n(a) the person's criminal history;\n(b) spent convictions;\n(c) pending charges;\n(d) non-conviction charges;\n\nPart 5 Offences\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 30\n(e) if available, information held by law enforcement agencies\nabout the circumstances of an offence or alleged offence,\nsuch as the following:\n(i) when the offence was committed, or alleged to have\nbeen committed;\n(ii) the age of the offender or alleged offender;\n(iii) the age of the victim;\n(iv) whether the offence or alleged offence involved or was\nintended to involve a vulnerable person, including a\nperson with disability;\n(v) the relationship, if any, between the offender or alleged\noffender and any vulnerable person or person with\ndisability involved in the offence;\n(vi) the circumstances and nature of the behaviours\nconstituting or involved with the offence or alleged\noffence;\n(vii) other factors relevant to a decision about whether a\nperson poses a risk of harm to people with disability.\n52 Information sharing – miscellaneous\nNotice of any decision under this Act must not disclose the\nexistence or content of any criminal intelligence disclosed to the\nScreening Agency.\nPart 5 Offences\n53 Unauthorised collection or use of information\n(1) A person commits an offence if the person:\n(a) intentionally collects or uses information under this Act; and\n(b) the collection or use is not authorised by this Act or another\nlaw in force in the Territory.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(b).\n\nPart 5 Offences\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 31\n54 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a charge for an offence against that subsection if the\nperson has consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n55 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an authorised person; and\n\nPart 5 Offences\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 32\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the authorised person is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an authorised person; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised person is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the person, when giving the document:\n(a) draws the misleading aspect of the document to the\nauthorised person's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised person the information necessary to remedy\nthe misleading aspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to an authorised person,\nmeans the person is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\nPart 6 Administrative matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 33\n56 Fail to comply with request for information\n(1) A person who is given a notice under section 50 must comply with\nthe notice.\nMaximum penalty: 50 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\nPart 6 Administrative matters\n57 Approved forms\nThe CEO may approve forms for this Act.\n58 Fees\n(1) The regulations may prescribe fees payable under this Act.\n(2) The Screening Agency may do any of the following if the Screening\nAgency considers it appropriate:\n(a) exempt payment of a fee;\n(b) waive (wholly or partly) a fee;\n(c) refund (wholly or partly) a fee.\n59 Evidentiary certificates\n(1) The Screening Agency may issue a certificate that states that, on a\nspecified date or during a specified period:\n(a) a specified person was or was not the holder of a clearance;\nor\n(b) a specified person had or had not made an application for a\nclearance; or\n(c) a clearance held by a specified person was or was not\nsuspended; or\n(d) a specified person was or was not subject to an interim bar; or\n(e) a clearance held by a specified person was cancelled.\n(2) A certificate under this section is admissible in legal proceedings as\nevidence of the matters stated in the certificate.\n\nPart 6 Administrative matters\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 34\n60 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n61 Failure to give notice of decision\nFailure to give notice of a decision under this Act does not affect the\nvalidity of the decision.\n62 Regulations\nThe Administrator may make regulations under this Act.\nNote for section 62\nSee section 65 of the Interpretation Act 1978.\n\nENDNOTES\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 35\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 (Act No. 7, 2020)\nAssent date 9 March 2020\nCommenced 1 July 2020 (Gaz G17, 29 April 2020, p 2)\nNational Disability Insurance Scheme (Worker Clearance) Amendment Act 2021 (Act\nNo. 16, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\n3 LIST OF AMENDMENTS\ns 7 amd No. 16, 2021, s 4\ns 13 amd No. 16, 2021, s 5\npt 7 hdg exp No. 7, 2020, s 65\nss 63 – 65 exp No. 7, 2020, s 65","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3 – to provide screening checks protecting NDIS participants from harm. The scope remains focused on worker clearance for NDIS work, with appropriate supporting provisions for information sharing, offences, and review mechanisms. No significant scope creep is evident."},"complexity_factors":["Extensive cross-referencing with Commonwealth NDIS legislation (NDIS Act 2013, Practice Standards Rules, Code of Conduct Rules) and other NT laws (Criminal Code, Interpretation Act 1978, Information Act 2002, Serious Crime Control Act 2009)","Multiple defined terms (47+ definitions in section 7 alone) including technical concepts like 'more than incidental contact', 'presumed disqualified person', 'non-conviction charge', and 'corresponding law'","Nested conditional logic throughout – e.g., section 21 sets out 7 conditions that must all be met for provisional work, with exceptions and cross-jurisdictional variations","Complex procedural pathways with multiple decision points: application → assessment → determination → possible interim bar → possible risk assessment → intention to refuse → internal review → NTCAT review","Interplay between administrative decisions (interim bars, suspensions, cancellations) and criminal offences, with strict liability offences in Part 5","Exceptions to exceptions: e.g., excluded persons generally banned for 5 years (section 29) but disqualified persons permanently banned (section 16 note); internal review available except for disqualified persons (section 38(3))","Information sharing provisions with multiple authorised persons and purposes, plus confidentiality protections for criminal intelligence (section 44)"],"plain_english_summary":"This law establishes an NDIS worker screening system in the Northern Territory: a five‑year \"NDIS worker clearance\" run by a government Screening Agency to ensure people working with NDIS participants are safe. It bars people with serious disqualifying offences, allows supervised work while applications are processed (unless barred), requires ongoing monitoring and information sharing, and provides review rights. It affects NDIS workers, providers and regulators and aims to protect participants while preserving procedural fairness."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act's stated objects (protect participants via screening—s3) and application to persons required to hold NDIS clearances (s6) remain focused on worker screening. Although endnotes record later amendments, the provisions in this text do not themselves indicate an expansion or narrowing of the Act’s core scope beyond those objects and its procedural framework for assessment, monitoring and review."},"complexity_factors":["Extensive defined terminology and interactions with other laws (multiple definitions in s7; application to corresponding laws in s6).","Broad discretion vested in the Screening Agency to assess, grant, refuse, suspend or cancel clearances (s13; s22; s23; s26; s27).","Risk assessment regime requiring qualitative weighting of diverse factors and staff qualifications (s34–s37).","Interim bars, suspensions and their statutory triggers, plus staged decision notices and review windows (s31–s33; s37–s39).","Cross‑jurisdictional information exchange and portability, plus requirements to share criminal history and other records (s24(2); s48; s51).","Ongoing monitoring obligations that can lead to administrative action without fresh applications (s27).","Privacy and confidentiality constraints balanced against permitted disclosures for authorised purposes (s45–s49; s52).","Appeal and review pathways involving internal review and NTCAT, including special handling of classified criminal intelligence (s42–s44).","Criminal and administrative offences with significant penalties and strict‑liability elements (s53–s56).","Operational dependencies on employers/providers to verify engagements and implement risk mitigation for pending applicants (s20(3); s21(2)(e)–(g))."],"plain_english_summary":"The Act creates a mandatory NDIS worker screening and clearance system: applicants apply, consent to checks and information‑sharing, and the declared Screening Agency assesses, grants, suspends or cancels five‑year clearances (s3; s13; s17; s18; s24; s25). It affects anyone doing NDIS work, NDIS providers and the NDIS Commission. Applicants typically pay fees (s17(2)(c); s58), face disclosure and monitoring obligations (s19; s27), and may be barred, suspended or reviewed (s31–39), shifting hiring, supervision and record‑sharing practices."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-worker-clearance-act-2020","history":"/api/acts/national-disability-insurance-scheme-worker-clearance-act-2020/history","analysis":"/api/acts/national-disability-insurance-scheme-worker-clearance-act-2020/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-worker-clearance-act-2020/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-worker-clearance-act-2020/important-cases","documents":"/api/acts/national-disability-insurance-scheme-worker-clearance-act-2020/documents"}}