{"id":"national-disability-insurance-scheme-worker-clearance-regulations-2021","name":"NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE) REGULATIONS 2021","slug":"national-disability-insurance-scheme-worker-clearance-regulations-2021","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177041,"registerId":"nt-national-disability-insurance-scheme-worker-clearance-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE) REGULATIONS 2021","content":"NORTHERN TERRITORY OF AUSTRALIA\nNATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)\nREGULATIONS 2021\nAs in force at 25 March 2024\nTable of provisions\n1 Title .................................................................................................. 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Relative............................................................................................ 2\n5 Corresponding laws ......................................................................... 3\n6 Disqualifying offences ...................................................................... 3\n7 Presumed disqualifying offences ..................................................... 4\n8 Historic offences .............................................................................. 4\n9 Requirements for application for screening check ........................... 4\n10 Proof of identity documentation ....................................................... 6\n11 Fees ................................................................................................ 6\n12 Response time limit ......................................................................... 6\n13 Application for internal review .......................................................... 7\n14 Conduct of internal review ............................................................... 7\n15 Notice of outcome of review ............................................................ 7\nSchedule 1 Corresponding laws\nSchedule 2 Disqualifying offences\nSchedule 3 Presumed disqualifying offences\nSchedule 4 Proof of identity documentation\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 March 2024\n____________________\nNATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)\nREGULATIONS 2021\nRegulations under the National Disability Insurance Scheme (Worker\nClearance) Act 2020\n1 Title\nThese Regulations may be cited as the National Disability\nInsurance Scheme (Worker Clearance) Regulations 2021.\n2 Commencement\nThese Regulations commence on 1 July 2021.\n3 Definitions\nIn these Regulations:\nperson under care, in relation to a person, means a child or\nvulnerable person who:\n(a) is receiving care or support because the child or vulnerable\nperson is unable to:\n(i) care for themself; or\n(ii) protect themself from harm or exploitation; and\n(b) has a relationship with the person:\n(i) because of the care or support mentioned in\nparagraph (a); and\n(ii) other than because the person is a relative of the child or\nvulnerable person.\nrelative, see regulation 4.\n\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 2\nvulnerable person means an adult who is, or may be, unable to\ntake care of themself or protect themself from harm or exploitation\ndue to age, illness or disability, and includes an adult who has\ndifficulty:\n(a) understanding their rights; or\n(b) understanding a power imbalance between themself and other\npersons; or\n(c) understanding that a person's behaviour, intended or\notherwise, is inappropriate or illegal; or\n(d) making a decision; or\n(e) providing consent or agreement; or\n(f) expressing disapproval or objection; or\n(g) communicating; or\n(h) preventing, defending or protecting themself against an\noffence or a person who commits an offence.\n4 Relative\n(1) Each of the following is a relative of a person:\n(a) a spouse or de facto partner of the person;\n(b) a child of the person;\n(c) a stepchild of the person;\n(d) a foster child of the person;\n(e) a parent, grandparent or any other ancestor of the person;\n(f) a stepparent of the person;\n(g) a foster parent of the person;\n(h) a sibling of the person;\n(i) an uncle or aunt of the person;\n(j) a cousin of the person;\n\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 3\n(k) another person who is related to the person in accordance\nwith:\n(i) any customary law or tradition applicable to the person;\nor\n(ii) any contemporary custom or practice.\n(2) To avoid doubt, a relationship referred to in subregulation (1) may\ninclude a relationship that arises through common ancestry,\nadoption, marriage, de facto relationship or any customary law or\ntradition.\n5 Corresponding laws\nFor section 7(1) of the Act, definition corresponding law, each law\nlisted in Schedule 1 is prescribed as a corresponding law.\n6 Disqualifying offences\nFor section 7(1) of the Act, definition disqualifying offence, the\nfollowing are prescribed:\n(a) an offence against a provision of an Act or Act of the\nCommonwealth specified in Schedule 2, subject to any\nqualification specified opposite the provision;\n(b) an offence against a law of a State, other Territory or foreign\ncountry that, if it had been committed in the Territory, would\nhave constituted an offence mentioned in paragraph (a);\n(c) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence mentioned in paragraph (a) or (b);\n(d) an offence that has, as an element, intention to commit an\noffence mentioned in paragraph (a) or (b);\n(e) an offence committed before the commencement of a\nprovision of an Act or Commonwealth Act mentioned in\nparagraph (a) that, if committed after that commencement,\nwould have constituted an offence mentioned in\nparagraph (a).\n\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 4\n7 Presumed disqualifying offences\nFor section 7(1) of the Act, definition presumed disqualifying\noffence, the following are prescribed:\n(a) an offence against a provision of an Act or Act of the\nCommonwealth specified in Schedule 3, subject to any\nqualification specified opposite the provision;\n(b) an offence against a law of a State, other Territory or foreign\ncountry that, if it had been committed in the Territory, would\nhave constituted an offence mentioned in paragraph (a);\n(c) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence mentioned in paragraph (a) or (b);\n(d) an offence that has, as an element, intention to commit an\noffence mentioned in paragraph (a) or (b);\n(e) an offence committed before the commencement of a\nprovision of an Act or Commonwealth Act mentioned in\nparagraph (a) that, if committed after that commencement,\nwould have constituted an offence mentioned in\nparagraph (a).\n8 Historic offences\nAn offence that is prescribed as a disqualifying offence under\nregulation 6 or a presumed disqualifying offence prescribed under\nregulation 7 is a disqualifying offence or a presumed disqualifying\noffence even if:\n(a) the offence was committed before the commencement of\nthese Regulations; or\n(b) the offence is repealed.\n9 Requirements for application for screening check\n(1) For section 17(2)(a) of the Act, an application for a screening check\nmust contain the information required by this regulation.\n(2) The application must include the following:\n(a) details of any worker screening or worker clearance the\napplicant has held in relation to working with children or\nvulnerable people;\n\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 5\n(b) details of the suspension or cancellation of any worker\nscreening or worker clearance the applicant has held in\nrelation to working with children or vulnerable people;\n(c) details of any investigation conducted by a government\nagency in Australia in relation to the applicant involving an\nallegation of abuse or neglect of a child in the applicant's care\nthat resulted in the restriction of contact between the applicant\nand the child or the removal of the child from the applicant's\ncare;\n(d) details of any workplace misconduct investigation related to\nany of the following:\n(i) violent behaviour or assault;\n(ii) indecent or sexual behaviour or misconduct;\n(iii) fraud, deception or theft;\n(iv) failure to provide care for a child or vulnerable person.\nNote for regulation 9(2)\nSee section 19 of the Act in relation to disclosures to be included in an\napplication.\n(3) The application must include the applicant's:\n(a) full name and any previous names; and\n(b) gender; and\n(c) date of birth; and\n(d) place and country of birth; and\n(e) current and previous residential addresses; and\n(f) current postal address; and\n(g) current email address.\n(4) The application must include, if applicable, the applicant's\nemployer's:\n(a) name; and\n(b) NDIS Provider Number.\n\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 6\n10 Proof of identity documentation\n(1) For section 17(2)(b) of the Act, an application for a screening check\nmust be accompanied by the proof of identity documents prescribed\nin this regulation.\n(2) The application must be accompanied by an original or a copy of:\n(a) one document specified in Schedule 4, Part 1; and\n(b) one document specified in Schedule 4, Part 2; and\n(c) two documents specified in Schedule 4, Part 3.\n(3) A document cannot be used to satisfy more than one of the\ncategories specified in subregulation (2).\n(4) The following must be included in at least one of the documents\nprovided under subregulation (2):\n(a) a photograph of the applicant;\n(b) the current residential address of the applicant;\n(c) the signature of the applicant;\n(d) the date of birth of the applicant.\n(5) Despite subregulations (2) to (4), the Screening Agency may accept\nan application that is accompanied by an alternative combination of\ndocuments listed in Schedule 4 if the Screening Agency is satisfied\nthat exceptional circumstances exist.\n11 Fees\nFor section 17(2)(c) of the Act, the prescribed fee is:\n(a) if the screening check is required by the applicant for voluntary\nwork only – 10 revenue units; or\n(b) otherwise – 100 revenue units.\n12 Response time limit\nFor section 17(4) of the Act, the prescribed time is 30 days from the\ndate of the written notice.\n\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 7\n13 Application for internal review\nAn application for internal review under section 42(3) of the Act\nmust:\n(a) be in writing; and\n(b) specify the name of the affected person; and\n(c) identify the reviewable decision; and\n(d) set out the reasons the affected person is seeking a review of\nthe decision; and\n(e) specify an address to which correspondence regarding the\nreview may be sent to the affected person.\n14 Conduct of internal review\n(1) Within 30 days after receiving an application in accordance with\nregulation 13, the internal reviewer must, subject to\nsubregulation (2), review the reviewable decision and notify the\naffected person, in writing, of the outcome of the review.\n(2) The internal reviewer may refuse to review a decision if satisfied\nthat the application for review was not made within 30 days after\nthe affected person was notified of the decision.\n(3) If subregulation (2) applies, the internal reviewer is taken to have\nconfirmed the reviewable decision.\n(4) A review must be conducted fairly and with as much expedition as a\nproper consideration of the matter permits.\n(5) A review must not be conducted by the officer or employee who\nmade the reviewable decision the subject of the review.\n15 Notice of outcome of review\nA notice of the outcome of a review must:\n(a) include the reasons for the outcome; and\n(b) include a statement setting out the affected person's rights\nunder section 43 of the Act.\n\nSchedule 1 Corresponding laws\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 8\nSchedule 1 Corresponding laws\nregulation 5\nJurisdiction Corresponding law\nAustralian Capital Territory Working with Vulnerable People\n(Background Checking) Act 2011\nCommonwealth National Disability Insurance Scheme\n(NDIS Worker Screening Law)\nDetermination 2020\nNational Disability Insurance Scheme\n(Practice Standards – Worker\nScreening) Rules 2018\nNew South Wales National Disability Insurance Scheme\n(Worker Checks) Act 2018\nQueensland Disability Services Act 2006\nSouth Australia Disability Inclusion Act 2018\nTasmania Registration to Work with Vulnerable\nPeople Act 2013\nVictoria Worker Screening Act 2020\nWestern Australia National Disability Insurance Scheme\n(Worker Screening) Act 2020\n\nSchedule 2 Disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 9\nSchedule 2 Disqualifying offences\nregulation 6\n1 Criminal Code\nProvision of Act Qualification\n125B\n125C The article relates to a child or a vulnerable person\n125D, 156, 165\n174E The victim is a child or a vulnerable person\n174F(1),\n174FC(1)\nThe offender intended to cause death\n175, 176, 177,\n181, 182, 185,\n186B, 186C\nThe victim is a child or a vulnerable person\n188 The circumstances mentioned in subsection (2)(c) or (d)\nexist\nor\nThe circumstances mentioned in subsection (2)(m) exist\nand the victim is a child or a vulnerable person\n193 The victim is a child or a vulnerable person\n194, 195 The victim is a child or a vulnerable person who is not a\nrelative of the offender\n201\n202B The victim is a child or a vulnerable person\n202C(1) The victim is a vulnerable person\n202C(2) or (3)\n202D, 208H,\n208HA, 208HB\nThe victim is a child or a vulnerable person\n208HC, 208HD The victim is a child under 14 years of age\nor\nThe victim is a child who is 14 years of age or older and\nthe offender is at least 5 years older than the victim\nor\nThe victim is a vulnerable person\n\nSchedule 2 Disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 10\n208J, 208JA,\n208JB, 208JC,\n208JD, 208JE,\n208JF\nThe victim is a child under 14 years of age\nor\nThe victim is a child who is 14 years of age or older and\nthe offender is at least 5 years older than the victim\n208JG, 208JH\n208JI The victim is a child under 14 years of age\nor\nThe victim is a child who is 14 years of age or older and\nthe offender is at least 5 years older than the victim\n208K, 208KA,\n208KB, 208KC,\n208LB, 208LC,\n208LD, 208LE\n208MA The victim is a child or a vulnerable person\n208N\n2 Sex Industry Act 2019\nProvision of Act Qualification\n12, 13, 14\n3 Criminal Code (Commonwealth)\nProvision of Act Qualification\n71.2\n71.4, 71.5, 71.8 The victim is a child or a vulnerable person\n71.9, 71.10 The victim is a child or a vulnerable person who is not a\nrelative of the offender\n73.2 The victim is a child or a vulnerable person\n73.3 At least 1 victim is a child or a vulnerable person\n73.3A The conduct constituting the offence of people\nsmuggling relates, or would relate, to at least 1 person\nwho is a child or a vulnerable person\n104.1 as in force\nbefore\n15 December 2005\n\nSchedule 2 Disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 11\n104.3 and 104.4 as\nin force before\n15 December 2005\nThe victim is a child or a vulnerable person\n115.1\n115.3, 115.4 The victim is a child or a vulnerable person\n268.3\n268.4 At least 1 victim is a child or a vulnerable person\n268.5, 268.6, 268.7,\n268.8, 268.9\n268.10, 268.13 At least 1 victim is a child or a vulnerable person\n268.14, 268.15 The victim is a child or a vulnerable person\n268.16, 268.19,\n268.21(1)\nAt least 1 victim is a child or a vulnerable person\n268.24\n268.25, 268.26,\n268.27, 268.28\nAt least 1 victim is a child or a vulnerable person\n268.38(1) The offence causes death\n268.40(1)\n268.41, 268.42,\n268.43, 268.44\nThe perpetrator's conduct results in death\n268.47(1)\n268.47(2) At least 1 victim is a child or a vulnerable person\n268.48(1)\n268.48(2) At least 1 victim is a child or a vulnerable person\n268.49(1)\n268.50, 268.55,\n268.56\nThe offence causes death\n268.59, 268.60 The victim is a child or a vulnerable person\n\nSchedule 2 Disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 12\n268.61, 268.64 At least 1 victim is a child or a vulnerable person\n268.65 The conduct results in the death of any of the persons\nreferred to in paragraph (a) of the provision\n268.70, 268.71(1)\n268.71(2), 268.73 At least 1 victim is a child or a vulnerable person\n268.76(2)\n268.82, 268.83 The victim is a child or a vulnerable person\n268.84, 268.87 At least 1 victim is a child or a vulnerable person\n268.90(1)\n268.91 The offence causes death\n268.92(1)\n268.92(2) At least 1 victim is a child or a vulnerable person\n268.93(1)\n268.97, 268.98 The attack results in death\n270.3, 270.5(1) The victim is a child or a vulnerable person\n270.5(2) At least 1 victim is a child or a vulnerable person\n270.6 as in force\nbefore\n8 March 2013\nThe victim is a child or a vulnerable person\n270.6A(1) The victim is a child or a vulnerable person\n270.6A(2) At least 1 victim is a child or a vulnerable person\n270.7, 270.7B,\n270.7C, 271.2,\n271.3\nThe victim is a child or a vulnerable person\n271.4\n271.5, 271.6 The victim is a child or a vulnerable person\n271.7\n\nSchedule 2 Disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 13\n271.7B, 271.7C,\n271.7D, 271.7E\nThe victim is a child or a vulnerable person\n271.9 as in force\nbefore 23 May 2018\nThe victim is a child or a vulnerable person\n272.8, 272.9 The victim is a child under 14 years\nor\nThe victim is a child aged 14 years or over and the\noffender is at least 5 years older than the victim\n272.10\n272.11 The victim is a child under 14 years\nor\nThe victim is a child aged 14 years or over and the\noffender is at least 5 years older than the victim\n272.12, 272.13,\n272.14, 272.15,\n272.18, 272.19,\n272.20\n273.5 as in force\nbefore\n21 September 2019\n273.6, 273.7,\n273A.1\n274.2 The victim is a child or a vulnerable person\n471.16 and 471.17\nas in force before\n21 September 2019\n471.19, 471.20,\n471.22, 471.24,\n471.25\n471.26 The victim is a child under 14 years\nor\nThe victim is a child aged 14 years or over and the\noffender is at least 5 years older than the victim\n\nSchedule 2 Disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 14\n474.19 and 474.20\nas in force before\n21 September 2019\n474.22, 474.22A,\n474.23, 474.24A\n474.25A The victim is a child under 14 years\nor\nThe victim is a child aged 14 years or over and the\noffender is at least 5 years older than the victim\n474.25B, 474.25C,\n474.26, 474.27\n474.27A The victim is a child under 14 years\nor\nThe victim is a child aged 14 years or over and the\noffender is at least 5 years older than the victim\n4 Crimes (Internationally Protected Persons) Act 1976\n(Commonwealth)\nProvision of Act Qualification\n8(1)\n8(2) The attack causes death\nor\nThe attack causes grievous bodily harm, but not death,\nand the victim is a child or a vulnerable person\n4 Customs Act 1901 (Commonwealth)\nProvision of Act Qualification\n233BAB The items are items of child abuse material\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 15\nSchedule 3 Presumed disqualifying offences\nregulation 7\n1 Criminal Code\nProvision of Act Qualification\n51, 53, 54, 55, 73,\n74, 75\n160, 161A, 162,\n170\n174E The victim is not a child or a vulnerable person\n174F(1) The offender did not intend to cause death\n174FA\n174FC(1) The offender did not intend to cause death\n175, 176, 177,\n181, 182\nThe victim is not a child or a vulnerable person\n183, 184 The victim is a person under care\n185, 186B, 186C The victim is not a child or a vulnerable person\n188 The circumstances mentioned in subsection (2)(m) exist\nand the victim is not a child or a vulnerable person\n193 The victim is not a child or a vulnerable person\n194, 195 The victim is a child or a vulnerable person and is a\nrelative of the offender\nor\nThe victim is not a child or a vulnerable person and is\nnot a relative of the offender\n202B(1) The victim is not a vulnerable person\n202D The victim is not a child or a vulnerable person\n208AAB, 208AB The image is of a child or a vulnerable person\n208H, 208HA,\n208HB\nThe victim is not a child or a vulnerable person\n208HC, 208HD The victim is a child who is 14 years of age or older and\nthe offender is less than 5 years older than the victim\nor\nThe victim is not a child or a vulnerable person\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 16\n208J, 208JA,\n208JB, 208JC,\n208JD, 208JE,\n208JF, 208JI\nThe victim is a child who is 14 years of age or older and\nthe offender is less than 5 years older than the victim\n208MA The victim is not a child or a vulnerable person\n228AH, 228AK The person intended to be deceived is a child or a\nvulnerable person\n253, 254 The offence involves or affects a child or a vulnerable\nperson\n284 The person intended to be defrauded is a child or a\nvulnerable person\n2 Animal Welfare Act 1999\nProvision of Act Qualification\n10\n3 Summary Offences Act 1923\nProvision of Act Qualification\n60, 60A The person intended to be defrauded is a child or a\nvulnerable person\n4 Misuse of Drugs Act 1990\nProvision of Act Qualification\n5, 5B, 5C\n5D The person to whom the drug is supplied is a child or a\nvulnerable person\n6\n6A, 6B The commission of the offence exposes a child or a\nvulnerable person to the cultivation of a prohibited plant\n6C, 6D, 6E, 6G\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 17\n5 Criminal Code (Commonwealth)\nProvision of Act Qualification\n71.3\n71.4, 71.5, 71.8 The victim is not a child or a vulnerable person\n71.9, 71.10 The victim is not a child or a vulnerable person\nor\nThe victim is a child or a vulnerable person and the\noffender is a relative of the child or person\n73.2 The victim is not a child or a vulnerable person\n73.3 None of the victims is a child or a vulnerable person\n73.3A None of the persons to whom the conduct constituting\nthe offence of people smuggling relates, or would relate,\nis a child or a vulnerable person\n73.8, 73.9, 73.10 The offence affects or involves a child or a vulnerable\nperson\n80.1, 80.1AA,\n80.1AC, 80.2,\n80.2A, 80.2B,\n80.2C, 80.2D, 82.3,\n82.4, 82.5, 82.6,\n82.7, 82.8, 82.9,\n83.1, 83.2, 83.3,\n91.1, 91.2, 91.3,\n91.6, 91.8, 91.11,\n91.12, 92.2, 92.3,\n92.4, 92.7, 92.8,\n92.9, 92.10, 92A.1,\n101.1, 101.2, 101.4,\n101.5, 101.6, 102.2,\n102.3, 102.4, 102.5,\n102.6, 102.7, 102.8,\n103.1, 103.2,\n104.2 as in force\nbefore\n15 December 2005\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 18\n104.3 and 104.4 as\nin force before\n15 December 2005\nThe victim is not a child or a vulnerable person\n115.2\n115.3, 115.4 The victim is not a child or a vulnerable person\n119.1, 119.4, 122.1,\n122.2, 122.3, 122.4\n134.1, 134.2,\n135.1(1), 135.2,\n135.4(1), 136.1,\n137.1, 137.1A,\n137.2\nThe offence affects or involves a child or a vulnerable\nperson\n142.2 The offender causes a detriment to a child or a\nvulnerable person\n144.1, 145.1, 145.2,\n145.4, 145.5,\n148.1(1), 148.2(1)\nor (3)\nThe offence affects or involves a child or a vulnerable\nperson\n268.4, 268.10 None of the victims is a child or a vulnerable person\n268.11, 268.12\n268.13 None of the victims is a child or a vulnerable person\n268.14, 268.15 The victim is not a child or a vulnerable person\n268.16 None of the victims is a child or a vulnerable person\n268.17, 268.18\n268.19 None of the victims is a child or a vulnerable person\n268.20\n268.21(1) None of the victims is a child or a vulnerable person\n268.21(2), 268.22,\n268.23\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 19\n268.25, 268.26,\n268.27, 268.28\nNone of the victims is a child or a vulnerable person\n268.29, 268.30,\n268.31, 268.32,\n268.33, 268.34,\n268.35, 268.36,\n268.37\n268.38(1) The offence does not cause death\n268.38(2), 268.39,\n268.40(2)\n268.41, 268.42,\n268.43, 268.44\nThe perpetrator's conduct does not result in death\n268.45, 268.46\n268.47(2),\n268.48(2)\nNone of the victims is a child or a vulnerable person\n268.49(2)\n268.50 The offence does not cause death\n268.51, 268.52,\n268.53, 268.54\n268.55, 268.56 The offence does not cause death\n268.57, 268.58\n268.59, 268.60 The victim is not a child or a vulnerable person\n268.61 None of the victims is a child or a vulnerable person\n268.62, 268.63\n268.64 None of the victims is a child or a vulnerable person\n268.65 The conduct does not result in the death of any of the\npersons referred to in paragraph (a) of the provision\n268.66, 268.67,\n268.68\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 20\n268.71(2) None of the victims is a child or a vulnerable person\n268.72\n268.73 None of the victims is a child or a vulnerable person\n268.74, 268.75,\n268.76(1), 268.77,\n268.78, 268.79,\n268.80, 268.81\n268.82, 268.83 The victim is not a child or a vulnerable person\n268.84 None of the victims is a child or a vulnerable person\n268.85, 268.86\n268.87 None of the victims is a child or a vulnerable person\n268.88, 268.89,\n268.90(2)\n268.91 The offence does not cause death\n268.92(2) None of the victims is a child or a vulnerable person\n268.93(2), 268.94,\n268.95, 268.96\n268.97, 268.98 The attack does not result in death\n268.99, 268.100,\n268.101\n270.3, 270.5(1) The victim is not a child or a vulnerable person\n270.5(2) None of the victims is a child or a vulnerable person\n270.6 as in force\nbefore\n8 March 2013\nThe victim is not a child or a vulnerable person\n270.6A(1) The victim is not a child or a vulnerable person\n270.6A(2) None of the victims is a child or a vulnerable person\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 21\n270.7, 270.7B,\n270.7C, 271.2,\n271.3, 271.5, 271.6,\n271.7B, 271.7C,\n271.7D, 271.7E\nThe victim is not a child or a vulnerable person\n271.9 as in force\nbefore 23 May 2018\nThe victim is not a child or a vulnerable person\n272.8, 272.9,\n272.11\nThe victim is a child aged 14 years or over and the\noffender is less than 5 years older than the victim\n273B.4\n274.2 The victim is not a child or a vulnerable person\n302.2, 303.4, 304.1,\n305.3\n305.4 The commission of the offence exposes a child or a\nvulnerable person to the manufacture of a controlled\ndrug\n306.2\n306.3, 306.4 The commission of the offence exposes a child or a\nvulnerable person to a controlled precursor\n307.1, 307.11,\n308.3, 309.2, 309.3,\n309.4, 309.7, 309.8,\n309.10, 309.11,\n309.12, 309.13,\n309.14, 309.15,\n310.2, 310.3\n372.1, 372.1A,\n372.2\nThe offence involves or affects a child or a vulnerable\nperson\n471.26 The victim is a child aged 14 years or over and the\noffender is less than 5 years older than the victim\n474.17A The victim is a child or a vulnerable person\n474.25A, 474.27A The victim is a child aged 14 years or over and the\noffender is less than 5 years older than the victim\n480.4 The person to whom the information relates is a child or\na vulnerable person\n\nSchedule 3 Presumed disqualifying offences\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 22\n6 Crimes (Internationally Protected Persons) Act 1976\n(Commonwealth)\nProvision of Act Qualification\n8(2) The attack causes grievous bodily harm, but not death,\nand the victim is not a child or a vulnerable person\n\nSchedule 4 Proof of identity documentation\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 23\nSchedule 4 Proof of identity documentation\nregulation 10\nPart 1 – Category A documents\n1 Any of the following documents:\n(a) an Australian birth certificate;\n(b) an Australian citizenship certificate.\n2 Any of the following documents that is in force:\n(a) an Australian passport;\n(b) an Australian visa (supported by a foreign passport);\n(c) a document issued by the Commonwealth as evidence of\nimmigration status.\nPart 2 – Category B documents\n1 Any of the following documents:\n(a) an Australian birth certificate;\n(b) an Australian marriage certificate.\n2 Any of the following documents that is in force:\n(a) an Australian passport;\n(b) a document issued by the Commonwealth as evidence of\nimmigration status;\n(c) a foreign passport with a valid entry stamp or visa;\n(d) an identity card, licence or permit issued by a State or Territory or\nthe Commonwealth that contains the applicant's photograph and\ndate of birth.\n\nSchedule 4 Proof of identity documentation\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 24\nPart 3 – Category C documents\n1 Any of the following documents that contains the applicant's full name\nand is in force\n(a) a non-citizen travel document issued by the Commonwealth;\nExamples for paragraph (a)\nCertificate of Identity, Convention Travel Document\n(b) an identity document issued by a foreign government;\nExample for paragraph (b)\nA foreign driver's licence\n(c) a debit or credit card issued by an Australian financial institution;\n(d) an Australian private health insurance card;\n(e) an identity card issued by an Australian trade association;\n(f) an identity card issued by a State or Territory or the Commonwealth\nevidencing an entitlement to a government benefit.\nExamples for paragraph (f)\nMedicare card, Health Care card\n2 Any of the following documents that contains the applicant's full name, is\nin force and contains a photograph of the applicant:\n(a) an identity card, licence or permit issued by a State or Territory or\nthe Commonwealth that contains the applicant's date of birth;\n(b) a student identification card issued by an Australian educational\ninstitution.\n3 Any of the following documents that contains the applicant's full name\nand was issued no more than 12 months before the date of the\napplication:\n(a) a document issued by a State or Territory or the Commonwealth\nevidencing an entitlement to a government benefit;\nExample for paragraph (a)\nCentrelink statement\n(b) a document evidencing enrolment with the Australian Electoral\nCommission;\n(c) a credit reference check issued by a credit reporting agency;\n\nSchedule 4 Proof of identity documentation\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 25\n(d) a certified academic transcript from an Australian educational\ninstitution;\n(e) a bank statement issued by an Australian financial institution;\n(f) a rates assessment notice issued by a State, Territory or local\ngovernment council;\n(g) a document issued by the Australian Taxation Office which contains\nthe applicant's tax file number;\nExample for paragraph (g)\nA taxation assessment notice\n(h) an Australian utility bill that contains the applicant's residential\naddress.\n4 A statutory declaration confirming the applicant's identity that:\n(a) is made no more than 12 months before the date of the application;\nand\n(b) is made by a person who:\n(i) has known the applicant for at least 12 months; and\n(ii) is not a relative of the applicant; and\n(c) has a photograph of the applicant attached which has the applicant's\nname written on the back and is signed by the person making the\ndeclaration; and\n(d) contains the following information:\n(i) the applicant's current name and any previous names known to\nthe person making the declaration;\n(ii) the applicant's current residential address;\n(iii) the applicant's date of birth;\n(iv) the full name and contact details of the person signing the\ndeclaration.\n\nENDNOTES\nNational Disability Insurance Scheme (Worker Clearance) Regulations 2021 26\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) Regulations 2021 (SL No. 5\n2021)\nNotified 2 June 2021\nCommenced 1 July 2021 (r 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\n3 LIST OF AMENDMENTS\nr 6 amd Act No. 20, 2023, s 24\nr 7 amd Act No. 20, 2023, s 25\nsch 1 amd Act No. 20, 2023, s 26\nsch 3 amd Act No. 20, 2023, s 27","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The gap between the 2021 title and the 2024 commencement date strongly suggests the scope or implementation of these regulations evolved from their original intent. A delay of approximately 2-3 years between drafting/naming and commencement typically indicates amendments, staged rollouts, or significant policy reconsideration. The involvement of a reprint (REPN050R1) further suggests the instrument was revised before or after coming into force, potentially altering its original scope."},"complexity_factors":["Operates within the broader and complex NDIS legislative framework, requiring cross-referencing with the NDIS Act and other instruments","Involves multiple parties with distinct obligations: workers, providers, screening bodies, and the NDIS Commission","Worker screening involves detailed assessment criteria and risk-based decision-making processes","Interacts with state and territory screening systems, creating potential jurisdictional complexity","Significant metadata gaps in the provided document (missing gazette details, maker details, regulation number) make full analysis difficult","Gap between the 2021 title and 2024 commencement date suggests potential amendments or phased implementation history","Compliance obligations for providers involve ongoing monitoring, not just a one-time check","Definitions and exclusions (e.g., who counts as a 'worker' or 'NDIS support') can be highly technical"],"plain_english_summary":"The regulations create a mandatory worker screening (clearance) system for anyone providing NDIS‑funded supports or services — affecting workers, volunteers, providers, employers and NDIS participants — by requiring clearances before people can work with vulnerable participants.  \n\nIt’s a safeguarding and accountability measure to reduce risk of harm, abuse or exploitation in the disability sector; the rules took effect 25 March 2024."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Endnotes record amendments to regulation 6 and 7 and to Schedules 1 and 3 by the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) — ss 24–27 — which commenced 25 March 2024. Those amendments altered the lists and qualifications of disqualifying and presumed disqualifying offences, thereby changing who may be refused a clearance under these Regulations."},"complexity_factors":["Extensive defined terms with legal consequences (definitions of 'vulnerable person' and 'relative') — regs 3–4","Large, detailed lists of disqualifying and presumed disqualifying offences with factual qualifications (victim age, relationship, offender intent) — reg 6–7, Schedules 2–3","Cross‑jurisdictional equivalence and prescription of corresponding laws requiring comparisons with State, Territory and foreign laws — reg 5, Schedule 1","Requirement for complex factual determinations when applying offence qualifications (e.g. whether a victim is 'a child' or 'a vulnerable person', or relative status) — Schedules 2–3","Detailed application content and disclosure obligations (employment history, prior clearances, investigations, workplace misconduct) increasing compliance burden — reg 9","Multi‑tier proof‑of‑identity scheme with mutually exclusive document categories and a discretionary alternative‑documents power (exceptional circumstances) — reg 10, Schedule 4","Different fee levels and revenue‑unit basis creating administrative distinctions between volunteer and paid applicants — reg 11","Time limits and procedural rules for decision‑making and internal review with refusal and confirmation powers (30‑day limits) — regs 12, 13–15","Inclusion of historic and repealed offences as still relevant to screening (retroactive inclusion) — reg 8","Amendment history altering the scope of offences, requiring maintainers and practitioners to track statutory updates — Endnotes (amendments to regs 6–7 and Schedules)"],"plain_english_summary":"These Regulations set the rules for NDIS worker screening checks in the Northern Territory: they define who counts as a vulnerable person or relative, list which criminal offences disqualify or presumptively disqualify someone, require detailed application and identity documentation, set fees and a 30‑day response time, and establish an internal review process. \n\nThey affect anyone applying to work with NDIS participants in the NT. Applicants pay the screening fee (10 revenue units for volunteers; 100 otherwise). The Screening Agency decides clearances and may accept alternative ID in exceptional circumstances (reg 10(5)); listed offences can bar a clearance."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the National Disability Insurance Scheme (Worker Clearance) Act 2020. They operationalise the Act by setting out the detailed administrative requirements, offence categories, and application procedures necessary for the worker screening scheme to function. The 2024 amendments (Criminal Justice Legislation Amendment (Sexual Offences) Act 2023) updated references to sexual offence provisions but did not expand the scope beyond the original purpose of ensuring NDIS worker suitability."},"complexity_factors":["Extensive cross-referencing to external legislation: Schedules 2 and 3 reference dozens of specific provisions from the NT Criminal Code, Commonwealth Criminal Code, and other Acts with precise qualifications (e.g., 'The victim is a child or vulnerable person', 'The offender is at least 5 years older than the victim')","Nested conditional logic in offence definitions: Many offences are only disqualifying if specific circumstances exist (victim age, relationship to offender, intent elements), creating complex matrices of applicability","Dual categorisation system: The regulations distinguish between 'disqualifying offences' (automatic bar) and 'presumed disqualifying offences' (rebuttable presumption), requiring understanding of two different legal standards","Extraterritorial application: Offences committed in other states, territories, or foreign countries are captured if they would constitute equivalent offences in the NT","Temporal complexity: Historic offences are captured even if committed before the regulations commenced or if the offence has since been repealed","Document verification requirements: Schedule 4 creates a three-tier document system (Categories A, B, and C) with specific combination requirements and exceptions for 'exceptional circumstances'","Defined terms with specific scope: Terms like 'vulnerable person' and 'relative' have detailed statutory definitions that expand beyond ordinary meaning (e.g., 'relative' includes customary law relationships)","Interaction with corresponding laws: Schedule 1 recognises equivalent schemes from 8 other jurisdictions, creating interoperability complexity"],"plain_english_summary":"These regulations set the rules for background checks (called 'screening checks') for people who want to work with NDIS participants in the Northern Territory. The NDIS is the National Disability Insurance Scheme, which funds support for people with disability.\n\n**What this does:**\n- **Creates a safety system**: Anyone doing NDIS work in the NT must pass a background check to prove they don't pose a risk to people with disability.\n- **Defines who needs clearance**: Workers who provide supports or services to NDIS participants, or have contact with them as part of their job.\n- **Sets the application rules**: Tells applicants what information they must provide, including:\n  - Personal details (name, birth date, addresses)\n  - History of any previous worker screening checks\n  - Any past investigations into abuse or neglect of children\n  - Any workplace misconduct involving violence, sexual behaviour, fraud, or failure to care for vulnerable people\n  - Proof of identity documents (one from Category A, one from Category B, and two from Category C)\n\n**Two types of serious crimes:**\n- **Disqualifying offences**: Serious crimes that automatically bar someone from getting clearance (mostly violent crimes, sexual offences, and crimes against children or vulnerable people)\n- **Presumed disqualifying offences**: Crimes where the person is presumed unsuitable, but can argue they should still get clearance (includes some assaults, drug offences, fraud, and terrorism offences)\n\n**Fees:**\n- $100 for paid workers (100 'revenue units')\n- $10 for volunteers (10 'revenue units')\n\n**Review process:**\nIf someone is refused clearance, they can ask for an internal review within 30 days. The review must be done by a different officer and completed within 30 days.\n\n**Who it affects:**\n- NDIS workers in the Northern Territory\n- NDIS providers who must ensure their workers have clearance\n- People with disability who use NDIS services (by protecting them from unsafe workers)\n\n**Why it matters:**\nThis creates a consistent national standard for worker safety in the disability sector. It recognises that people with disability are often vulnerable to abuse and exploitation, and puts checks in place to prevent harmful people from working with them. The regulations also recognise equivalent checks from other states and territories, so workers don't need multiple clearances."}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-worker-clearance-regulations-2021","history":"/api/acts/national-disability-insurance-scheme-worker-clearance-regulations-2021/history","analysis":"/api/acts/national-disability-insurance-scheme-worker-clearance-regulations-2021/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-worker-clearance-regulations-2021/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-worker-clearance-regulations-2021/important-cases","documents":"/api/acts/national-disability-insurance-scheme-worker-clearance-regulations-2021/documents"}}