257Worker screening check

257 Worker screening check

(1) For the purposes of determining whether to make an interim prohibition order or a prohibition order in relation to an unregistered disability worker, the Commission—

S. 257(1)(a) amended by Nos 19/2019 s. 233(2), 9/2023 s. 139(2)(a).

(a) may request a worker screening unit to give the Commission information concerning any worker screening check in relation to the disability worker; and

S. 257(1)(b) amended by Nos 19/2019 s. 233(2), 9/2023 s. 139(2)(b).

(b) for the purpose of the request, may give the worker screening unit any information concerning the disability worker that is necessary to conduct a worker screening check on the disability worker.

S. 257(2) amended by No. 58/2025 s. 25.

(2) For the purposes of determining whether to register a person as a disability worker or a disability student or to impose conditions, endorse registration or suspend registration, the Board—

S. 257(2)(a) amended by No. 19/2019 s. 233(2), substituted by No. 9/2023 s. 139(3).

(a) may request a worker screening unit to give the Board information concerning any worker screening check in relation to the disability worker including in relation to any of the following—

(i) whether the disability worker has been given an NDIS clearance that remains in force;

(ii) whether the disability worker has been given an NDIS exclusion or interim NDIS exclusion;

(iii) whether the disability worker has made an application for an NDIS clearance and whether the application has been withdrawn or reinstated;

(iv) whether the NDIS clearance of the disability worker has been suspended, revoked or surrendered; and

S. 257(2)(b) amended by Nos 19/2019 s. 233(2), 9/2023 s. 139(4).

(b) for the purpose of the request, may give the worker screening unit any information concerning the disability worker that is necessary to conduct a worker screening check on the disability worker.

S. 257(3) amended by Nos 19/2019 s. 233(3), 9/2023 s. 139(5).

(3) On a request under subsection (1) or (2), the worker screening unit may give the information sought to the Commission or the Board, as the case requires.

S. 257(4) inserted by No. 9/2023 s. 139(6).

worker screening check means—

(a) an NDIS check; and

(b) an NDIS worker screening check; and

(c) a prescribed process for determining whether a person may be employed or engaged in particular work;

worker screening unit means—