Disability Services Regulation 2017
sec.11Risk assessment matters
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sec.11 Risk assessment matters
For schedule 8 of the Act , definition risk assessment matter , each of the following is prescribed to be a risk assessment matter in relation to a person— a disability worker screening application or corresponding interstate application made by the person was refused; a working with children check application or corresponding interstate application made by the person was refused; a clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person; a working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person; the person is the subject of a workplace investigation about the person’s alleged conduct that includes— assault or violent behaviour; or inappropriate sexual behaviour; or fraud, deceit or theft; or failing to provide appropriate care for a vulnerable person in the person’s care; the person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child; disciplinary action is taken against the person; a domestic violence order is made, or a police protection direction is issued, against the person. In this section— corresponding interstate application means— for a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or for a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application. corresponding State law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, work in that State that corresponds to State disability work. corresponding WWC law means a law of another State that substantially corresponds to the Working with Children Act . interstate clearance means— an interstate NDIS clearance; or a clearance, however called, issued under a corresponding State law that corresponds to a State clearance. interstate exclusion means— an interstate NDIS exclusion; or an exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion. interstate WWC authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children clearance. negative notice means— a negative notice under the Working with Children Act ; or a notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a) . s 11 prev s 11 amd 2018 SL No. 87 s 4 ; 2019 SL No. 109 s 4 ; 2020 SL No. 146 s 3 om 2020 SL No. 264 s 4 pres s 11 (prev s 6AE) ins 2021 SL No. 2 s 6 renum 2021 SL No. 2 s 14 amd 2025 SL No. 129 s 12 (sec.11-ssec.1) For schedule 8 of the Act , definition risk assessment matter , each of the following is prescribed to be a risk assessment matter in relation to a person— a disability worker screening application or corresponding interstate application made by the person was refused; a working with children check application or corresponding interstate application made by the person was refused; a clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person; a working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person; the person is the subject of a workplace investigation about the person’s alleged conduct that includes— assault or violent behaviour; or inappropriate sexual behaviour; or fraud, deceit or theft; or failing to provide appropriate care for a vulnerable person in the person’s care; the person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child; disciplinary action is taken against the person; a domestic violence order is made, or a police protection direction is issued, against the person. (sec.11-ssec.2) In this section— corresponding interstate application means— for a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or for a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application. corresponding State law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, work in that State that corresponds to State disability work. corresponding WWC law means a law of another State that substantially corresponds to the Working with Children Act . interstate clearance means— an interstate NDIS clearance; or a clearance, however called, issued under a corresponding State law that corresponds to a State clearance. interstate exclusion means— an interstate NDIS exclusion; or an exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion. interstate WWC authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children clearance. negative notice means— a negative notice under the Working with Children Act ; or a notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a) .