National Disability Insurance Scheme (Worker Checks) Act 2018
In ForceNSW
Jurisdiction
New South Wales
Act Number
82 of 2018
Collection
act
Plain English Summary
7/10 complexity
The Act creates a NSW Screening Agency to assess and grant clearances for people who do or propose to do NDIS‑connected work, prioritising the health and safety of people with disability. It defines disqualifying and presumptively disqualifying conduct, a risk‑assessment regime, powers to suspend/cancel clearances, information‑sharing with employers, agencies and law enforcement, fees, and enforcement measures. It affects applicants, employers, reporting bodies, police/courts and participants.
The National Disability Insurance Scheme (Worker Checks) Act 2018 establishes a comprehensive administrative framework for screening individuals who perform NDIS work in New South Wales. At its core, the Act creates a clearance system administered by a Screening Agency (appointed by ministerial order published in the Gazette under s 4) that determines whether a person may safely engage in the provision of supports or services to people with disability under the NDIS.
The legislation operates on a risk-based model. Section 3 expressly states that the health, safety and well-being of people with disability, and protection from abuse, violence, neglect and exploitation, is the paramount consideration in the operation of the Act. This paramountcy principle permeates every decision-making stage.
The Act defines NDIS work broadly as work connected with NDIS supports or services where a clearance is required under the NDIS Act 2013 (Cth) or where the Screening Agency determines a clearance is necessary or convenient (s 4). "Engage" is defined inclusively to cover employees, contractors, self-employed persons and volunteers (s 4).
Central to the scheme are two categories of restricted persons. Under s 5(1), a disqualified person is someone with a conviction (defined expansively in Schedule 1 cl 2 to include findings of guilt without conviction, spent convictions and even quashed convictions for certain purposes) for a disqualifying offence prescribed by regulation committed as an adult. Such persons cannot be granted a clearance (s 8(2)(a) and note to s 5(1)).
A presumptively disqualified person (s 5(2)) includes those with convictions for presumptively disqualifying offences as adults or those facing pending charges for disqualifying or presumptively disqualifying offences. These persons are presumed to pose a risk of harm unless exceptional circumstances are established (s 15).
Current sections
Direct links to the current provisions in National Disability Insurance Scheme (Worker Checks) Act 2018.
This Act commences on the date of assent to this Act.
3
Health, safety and well-being of people with disability to be paramount consideration
3 Health, safety and well-being of people with disability to be paramount consideration
3 Health, safety and well-being of people with disability to be paramount consideration
The health, safety and well-being of people with disability and, in particular, protecting them from abuse, violence, neglect and exploitation is the paramount consideration in the operation of this Act.
4
Interpretation—key definitions
4 Interpretation—key definitions
4 Interpretation—key definitions
Note.
Schedule 1 contains other interpretative provisions.
In this Act—
disqualified person—see section 5.
engage means engage in any of the following capacities—
(a) as a paid or unpaid employee,
(b) as a self-employed person or as a contractor or subcontractor,
NDIS employer means a person who engages a person to do NDIS work.
NDIS work means work comprising or in connection with the provision of supports or services to people with disability under the National Disability Insurance Scheme, being work—
(a) that is the subject of requirements under the NDIS Act for a person to hold a clearance under this Act or a corresponding law in order to be allowed by a registered NDIS provider to engage in that work, or
(b) that the Screening Agency is satisfied is work in respect of which it is otherwise necessary or convenient for a person to hold a clearance to facilitate the person’s engagement in that work.
NDIS worker check clearance or clearance means a clearance under this Act.
presumptively disqualified person—see section 5.
risk of harm—see section 13.
Screening Agency means the person or body appointed by the Minister by order in writing published in the Gazette as the Screening Agency for the purposes of this Act.
5
Disqualified and presumptively disqualified persons
5 Disqualified and presumptively disqualified persons
5 Disqualified and presumptively disqualified persons
(1) A person is a disqualified person for the purposes of this Act if the person has a conviction for an offence that is prescribed by the regulations as a disqualifying offence and that offence was committed by the person when an adult.
Note.
A disqualified person cannot be granted a clearance. See Part 2.
(2) A person is a presumptively disqualified person for the purposes of this Act if—
(a) the person has a conviction for an offence that is prescribed by the regulations as a presumptively disqualifying offence and that offence was committed by the person when an adult, or
(b) there are pending criminal proceedings against the person for an offence that is prescribed by the regulations as a disqualifying offence or presumptively disqualifying offence and that is alleged to have been committed by the person when an adult.
Note.
A presumptively disqualified person is presumed to pose a risk of harm to persons with disability and will not be granted a clearance unless there are exceptional circumstances. See Part 3.
Part 2
Obtaining a clearance
Part 2 Obtaining a clearance
Part 2 Obtaining a clearance
Note.
This Act does not require a person who does NDIS work to have an NDIS worker check clearance. The requirement for a clearance arises under the NDIS Act and arrangements made for the purposes of the Intergovernmental Agreement.
6
Making an application for a clearance
6 Making an application for a clearance
6 Making an application for a clearance
(1) An application for a clearance cannot be made before 1 July 2019 or such earlier date as may be prescribed by the regulations.
(2) An application for a clearance must—
(a) be in the form approved by the Screening Agency, and
(b) be accompanied by any information required by the Screening Agency, and
(c) include or be accompanied by proof of the identity of the applicant in the form approved by the Screening Agency, and
(d) be accompanied by the fee prescribed by the regulations.
(3) The Screening Agency may require an applicant for clearance to provide a recent photograph of the applicant, obtained in accordance with arrangements determined by the Screening Agency.
(4) An application is not considered to be completed and is not valid until all the requirements of this section for an application have been complied with.
(5) There is no requirement that an applicant for a clearance under this Act be a resident of NSW or have any other connection with NSW.
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Certain persons not permitted to apply for clearance
7 Certain persons not permitted to apply for clearance
7 Certain persons not permitted to apply for clearance
(1) A person cannot apply for a clearance if—
(a) the person has had a clearance refused or cancelled under this Act or a corresponding law because the person is a disqualified person, or
(b) the person has made an application for a clearance under this Act or a corresponding law and that application is pending (whether or not the application is subject to an interim bar), or
(c) the person currently holds a clearance under this Act or a corresponding law, unless the application is made no more than 3 months before the expiry of the current clearance, or
Note.
An application for a clearance cannot be made more than 3 months before the expiry of an existing clearance.
(d) the person is subject to a 5-year ban on applying for a clearance as provided by this section following refusal or cancellation of a clearance, or
(e) in the previous 12 months, an application by the person for a clearance under this Act or a corresponding law has been rejected because the person failed to comply with a requirement to provide information.
(2) A person who has had a clearance refused or cancelled under this Act or a corresponding law is banned from applying for a clearance for 5 years following the refusal or cancellation, except in the following situations—
(a) if the cancellation was at the request of the person,
(b) if there has been a relevant change of circumstances for the purposes of the 5-year ban (as provided by subsection (3)),
(c) if the refusal or cancellation was because the person is a disqualified person.
Note.
The 5-year ban does not apply to a disqualified person. Such a person is permanently disqualified from reapplying for a clearance that has been refused or cancelled.
(3) Each of the following is a relevant change of circumstances for the purposes of the 5-year ban after refusal or cancellation of a clearance—
(a) proceedings for an offence on which the refusal or cancellation was based are withdrawn or dealt with without conviction of the person for the offence,
(b) a finding of guilt for an offence on which the refusal or cancellation was based is quashed or set aside,
(c) a finding the subject of a risk assessment on which the refusal or cancellation was based is quashed or set aside or otherwise expressly or impliedly ceases to have effect,
(d) any other change of circumstances that the Screening Agency considers should result in the person being permitted to make an application.
(4) An application made in contravention of this section is not a valid application and must be rejected.
8
Determination of application
8 Determination of application
8 Determination of application
(1) An application for a clearance must be granted unless the application is refused under this section.
(2) An application for a clearance must be refused if—
(a) the applicant is a disqualified person, or
(b) a risk assessment of the applicant is required (as provided by Part 3) and the risk assessment determines that the applicant poses a risk of harm to persons with disability.
Note.
A presumptively disqualified person requires a risk assessment and is presumed to pose a risk of harm to persons with disability unless there are exceptional circumstances. See Part 3.
(3) An application for a clearance may be refused if the Screening Agency is not satisfied that the applicant is or will be engaged to do NDIS work.
9
Interim bar on applicant
9 Interim bar on applicant
9 Interim bar on applicant
Note.
Arrangements under the NDIS Act that allow an applicant for a clearance to do NDIS work while an application is pending will not allow this while an interim bar is in force.
(1) The Screening Agency may, at any time after receiving an application for a clearance and pending determination of the application, impose an interim bar on the applicant if of the opinion that there is a reasonable likelihood that a risk assessment will determine that the person poses a risk of harm to persons with disability.
(2) The Screening Agency imposes an interim bar by giving written notice of the interim bar to the applicant.
(3) The Screening Agency may give written notice of an interim bar to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.
(4) An interim bar ceases to have effect—
(a) on notification in writing by the Screening Agency to the applicant that the interim bar is revoked, or
(b) if the application is granted or refused,
whichever occurs first.
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Notice of proposed refusal of application
10 Notice of proposed refusal of application
10 Notice of proposed refusal of application
(1) If the Screening Agency proposes to refuse to grant a clearance to an applicant, the Screening Agency must notify the applicant in writing of the proposed decision and that the applicant may make a submission to the Screening Agency within the period specified in the notice.
(2) The Screening Agency must consider any submission made by an applicant within the specified period before finally deciding the application.
(3) This section does not apply to an application for a clearance that is made by a disqualified person.
11
Notice of final decision granting or refusing clearance
11 Notice of final decision granting or refusing clearance
11 Notice of final decision granting or refusing clearance
(1) The Screening Agency must notify the applicant in writing of the Screening Agency’s decision to grant or refuse to grant a clearance.
(2) Notice of a decision not to grant a clearance must set out the reasons for the refusal and any right to seek a review under Part 6 (Review of decisions).
(3) The Screening Agency may give written notice of the refusal of an application to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.
12
Withdrawal of application
12 Withdrawal of application
12 Withdrawal of application
(1) An applicant for a clearance may withdraw an application at any time by notice in writing to the Screening Agency in the form approved by the Screening Agency but the withdrawal of an application only has effect if the Screening Agency consents to its withdrawal.
(2) The Screening Agency must consent to the withdrawal of an application except in the following circumstances (and must refuse consent in those circumstances)—
(a) a clearance currently held by the applicant under this Act or a corresponding law is under suspension,
(b) the applicant’s most recent previous application for a clearance under this Act or a corresponding law was refused or the clearance most recently held by the applicant under this Act or a corresponding law was cancelled (other than cancellation at the request of the holder),
(c) the applicant is subject to an interim bar,
(d) the Screening Agency has notified or is proposing to notify the applicant that it proposes to refuse to grant a clearance to the applicant and has not yet determined the application,
(e) the Screening Agency is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses a risk of harm to persons with disability.
(3) The Screening Agency may give written notice of the withdrawal of an application to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.
Part 3
Risk assessment
Part 3 Risk assessment
Part 3 Risk assessment
13
Nature of risk assessment
13 Nature of risk assessment
13 Nature of risk assessment
(1) A risk assessment is an assessment and determination by the Screening Agency as to whether a person poses a risk of harm to persons with disability.
(2) A reference in this Act to a risk of harm to persons with disability is to be interpreted in accordance with the following principles—
(a) the risk of harm must be a real and appreciable risk of harm,
(b) the risk of harm does not need to be likely or significant,
(c) the risk of harm need not arise from recent events.
(3) In this Act, harm includes but is not limited to the following—
(a) personal harm, which means any detrimental effect on a person’s physical, psychological, emotional or financial well-being,
(b) sexual harm, which means non-consensual or inappropriate conduct of a sexual nature with or towards a person (whether or not that conduct poses a risk of personal harm).
14
Requirement for risk assessment
14 Requirement for risk assessment
14 Requirement for risk assessment
(1) A risk assessment of an applicant for or the holder of a clearance is required in the following circumstances—
(a) if the applicant or holder is a presumptively disqualified person,
(b) in circumstances prescribed by the regulations,
(c) in such other circumstances as the Screening Agency may determine, either generally or in a particular case.
(2) A risk assessment of an applicant for a clearance is required at the time of application if there are circumstances at the time of application that require a risk assessment.
(3) A risk assessment of the holder of a clearance is required if the Screening Agency becomes aware that there are circumstances that require a risk assessment.
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Risk assessment of presumptively disqualified person
15 Risk assessment of presumptively disqualified person
15 Risk assessment of presumptively disqualified person
For the purposes of a risk assessment of a presumptively disqualified person, it is to be presumed that the person poses a risk of harm to persons with disability unless there are exceptional circumstances that justify a determination that the person does not pose such a risk.
16
Matters to be considered in risk assessment
16 Matters to be considered in risk assessment
16 Matters to be considered in risk assessment
The Screening Agency is to consider the following for the purposes of a risk assessment—
(a) the nature, gravity and circumstances of any offence, misconduct or other event that resulted in or contributed to the requirement for a risk assessment in relation to the person (a relevant event), and how it is relevant to NDIS work,
(b) the length of time that has passed since a relevant event occurred,
(c) the vulnerability of any victim of a relevant event at the time of the event and the person’s relationship to the victim or position of authority over the victim at the time of the event,
(d) the person’s criminal history, history of misconduct and other relevant history, including whether there is a pattern of concerning behaviour,
(e) the person’s conduct since a relevant event,
(f) all other circumstances in respect of the person’s criminal offending, misconduct and other relevant history and their impact on eligibility to be engaged in NDIS work,
(g) such other matters as the Screening Agency considers appropriate.
Part 4
Duration and termination of clearances
Part 4 Duration and termination of clearances
Part 4 Duration and termination of clearances
17
Duration of clearances
17 Duration of clearances
17 Duration of clearances
(1) A clearance remains in force (unless sooner cancelled or surrendered) for a period of 5 years starting from whichever of the following start dates is applicable in the circumstances—
(a) if the applicant is not the holder of a clearance under this Act or a corresponding law when the application for the clearance is granted, the start date is the date on which the application for the clearance is granted,
(b) if the application is granted while the applicant is the holder of a clearance (an existing clearance) under this Act or a corresponding law, the start date is the date on which the existing clearance ceases to be in force.
(2) The Screening Agency may extend the period for which a clearance remains in force for a period of up to 6 months after the clearance would otherwise have ceased to be in force if the holder of the clearance has made a valid application for a clearance under this Act or a corresponding law (either before or within 6 months after the clearance ceases to be in force) and that application is pending.
(3) If the period for which a clearance remains in force is extended under this section after the date on which the clearance ceased to be in force, the clearance is taken to have remained in force from that date until the extension takes effect.
(4) The following arrangements apply for the purpose of facilitating alignment of the periods for which a clearance granted to a person under this Act and a clearance granted to the person under the Child Protection (Working with Children) Act 2012 are in force—
(a) an NDIS worker check clearance may, at the discretion of the Screening Agency and with the agreement of the applicant, be granted so as to be in force for a period of less than 5 years,
(b) the period for which an NDIS worker check clearance is in force may be shortened after the clearance is granted at the discretion of the Screening Agency and on the application of the holder of the clearance,
(c) the holder of an NDIS worker check clearance may, with the approval of the Screening Agency, apply for a new NDIS worker check clearance earlier than 3 months before the expiry of the clearance (despite any requirement of this Act that the application be made no more than 3 months before the expiry of the clearance),
(d) the Screening Agency may approve a reduction in the fee payable, or a refund of part of any fee paid, to reflect any reduction in the period for which an NDIS worker check clearance is or is to be in force.
18
Requirement to notify change of particulars
18 Requirement to notify change of particulars
18 Requirement to notify change of particulars
(1) The holder of a clearance must notify the Screening Agency in writing in a form approved by the Screening Agency of any relevant change of particulars within 3 months after the change occurs.
Maximum penalty—5 penalty units.
(2) In this section, relevant change of particulars means the following—
(a) any change in the person’s name, residential address or contact details,
(b) a change of employer by the person,
(c) any change prescribed by the regulations.
19
Suspension of clearance
19 Suspension of clearance
19 Suspension of clearance
(1) The Screening Agency may, by written notice to the holder of a clearance, suspend the clearance if of the opinion that there is a reasonable likelihood that a risk assessment of the holder will determine that the holder poses a risk of harm to persons with disability.
(2) The Screening Agency may give written notice of the suspension of a clearance to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the holder of the clearance.
(3) The suspension of a clearance ceases to have effect—
(a) on notification in writing by the Screening Agency to the holder that the suspension is revoked, or
(b) if the clearance is cancelled,
whichever occurs first.
20
Cancellation of clearance
20 Cancellation of clearance
20 Cancellation of clearance
(1) The Screening Agency must cancel the clearance of a person if the Screening Agency becomes aware that the person is a disqualified person or a risk assessment determines that the person poses a risk of harm to persons with disability.
(2) The Screening Agency may cancel a clearance for any of the following reasons—
(a) the Screening Agency is not satisfied that the person is or will be engaged to do NDIS work,
(b) the clearance was granted pursuant to an application that was not valid,
(c) the clearance was granted because of a mistake and should not have been granted.
(3) If the Screening Agency proposes to cancel a clearance other than because the person is a disqualified person, the Screening Agency must notify the person in writing of the proposed cancellation and that the person may make a submission to the Screening Agency within the period specified in the notice.
(4) The Screening Agency must consider any submission made by the person within the specified period before finally deciding whether to cancel the clearance.
(5) The Screening Agency must notify the holder of a clearance in writing of the Screening Agency’s decision to cancel the clearance. Notice of the decision must set out the reasons for the cancellation and any right to seek a review under Part 6 (Review of decisions).
(6) The Screening Agency may give written notice of the cancellation of a clearance to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the holder of the clearance.
21
Surrender of clearance
21 Surrender of clearance
21 Surrender of clearance
(1) The holder of a clearance may at any time request cancellation of the clearance by notice in writing to the Screening Agency in the form approved by the Screening Agency.
(2) The Screening Agency must, as soon as practicable after receiving the request, cancel the clearance except in the following circumstances (and must refuse to cancel the clearance in those circumstances)—
(a) the clearance, or a clearance held by the person under a corresponding law, is suspended,
(b) the Screening Agency is undertaking or is proposing to undertake a risk assessment of the holder.
(3) The Screening Agency may give written notice of the cancellation of a clearance under this section to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the holder of the clearance.
Part 5
Information gathering and sharing
Part 5 Information gathering and sharing
Part 5 Information gathering and sharing
Division 1
Key concepts
Division 1 Key concepts
Division 1 Key concepts
22
Authorised persons
22 Authorised persons
22 Authorised persons
(1) In this Part, authorised person means the following persons—
(a) the Screening Agency,
(b) a person exercising functions in the execution or administration of a relevant law,
(c) the NDIS Commission,
(d) a law enforcement agency of this or any other jurisdiction (including a jurisdiction outside Australia),
(e) any other person prescribed by the regulations.
(2) A person exercising functions as agent for or otherwise on behalf of, or as an officer or employee of, an authorised person has and may exercise the functions conferred on the authorised person by or under this Part.
23
Relevant laws
23 Relevant laws
23 Relevant laws
In this Part, relevant law means the following laws—
(e) a law of NSW or another State or Territory that is prescribed by the regulations as a law for the protection of children or vulnerable persons.
24
Relevant risk of harm
24 Relevant risk of harm
24 Relevant risk of harm
In this Part, relevant risk of harm means a risk of harm to persons with whose protection a relevant law is concerned.
25
Authorised purposes
25 Authorised purposes
25 Authorised purposes
In this Part, authorised purpose means any purpose that is for or in connection with the execution or administration of or compliance with a relevant law, and includes (without limitation) the following purposes—
(a) verification of the identity of a person who is or has at any time been an applicant for or the holder of a clearance or other authority under a relevant law,
(b) consideration and determination of a person’s application for a clearance or other authority under a relevant law,
(c) assessing and determining under a relevant law whether a person poses a relevant risk of harm,
(d) assessing and determining whether a risk assessment of a person is required under a relevant law,
(e) ongoing monitoring of a person who holds a clearance or other authority under a relevant law for the purpose of determining whether the person requires a risk assessment or poses a relevant risk of harm,
(f) administrative review (including internal review) of a decision under a relevant law.
26
NDIS purposes
26 NDIS purposes
26 NDIS purposes
In this Part, NDIS purpose means an authorised purpose where the reference to a relevant law in the definition of authorised purpose is limited to this Act, a corresponding law or the NDIS Act.
27
Relevant information
27 Relevant information
27 Relevant information
(1) In this Part, relevant information means the following information about a person—
(a) information relevant to verification of the identity of the person,
(b) information about the person disclosed in an application for a clearance or other authority under a relevant law,
(c) information relating to the person’s criminal history in this or any other jurisdiction,
(d) information about workplace misconduct by the person in this or any other jurisdiction, being misconduct that concerns persons to whom a relevant risk of harm relates,
(e) information about any order imposed on the person by a court relating to child protection, apprehended violence or domestic or family violence in this or any other jurisdiction,
(f) information relevant to determining whether the person requires a risk assessment under a relevant law,
(g) information about the person’s clearance history,
(h) information about any current or past engagement of the person by an NDIS employer in this or any other jurisdiction,
(i) other information relevant to determining whether the person poses a relevant risk of harm.
(2) For the purposes of this section, a person’s clearance history is the history of action taken under a relevant law in respect of an application for a clearance by the person or a clearance held by the person under the relevant law, including any risk assessment determination, interim bar, refusal of an application and the suspension or cancellation of a clearance.
Division 2
Information gathering
Division 2 Information gathering
Division 2 Information gathering
28
Consent of applicant for clearance to obtaining and providing of information
28 Consent of applicant for clearance to obtaining and providing of information
28 Consent of applicant for clearance to obtaining and providing of information
(1) The approved form of application by a person for a clearance must provide for the authorisation by the person of, and the consent by the person to, the following—
(a) the making of inquiries about the person by the Screening Agency for an NDIS purpose,
(b) the obtaining of relevant information about the person by the Screening Agency from any authorised person for an NDIS purpose,
(c) the disclosure of relevant information about the person by the Screening Agency to an authorised person for an authorised purpose.
(2) An authorisation or consent provided for by this section is not limited to operating for the purposes of an application for a clearance and extends to the making of inquiries and the obtaining and disclosure of information in connection with and for the purposes of the ongoing monitoring of the holder of a clearance.
(3) An authorisation or consent provided for by this section does not require the person concerned to be given notice of the making of inquiries or the obtaining and disclosure of information pursuant to the authorisation or consent.
29
Power to require information from applicant or clearance holder
29 Power to require information from applicant or clearance holder
29 Power to require information from applicant or clearance holder
(1) The Screening Agency may, by notice in writing to an applicant for a clearance or the holder of a clearance, request the applicant or holder to provide relevant information about the person for an NDIS purpose.
(2) The Screening Agency may terminate an application for a clearance or cancel a clearance if the applicant or holder fails, without reasonable excuse, to provide requested information within the period required for compliance with the request (unless the Screening Agency has withdrawn the request).
(3) The period required for compliance with a request for information is the period of not less than 28 days specified by the Screening Agency in the request. The Screening Agency may extend and further extend the period required for compliance with the request.
(4) The Screening Agency must, as soon as practicable after terminating an application or cancelling a clearance under this section, give written notice of the termination or cancellation to the applicant or holder of the clearance.
(5) The Screening Agency may give written notice of the termination of an application or cancellation of a clearance under this section to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant or holder.
30
Power to require information from other persons
30 Power to require information from other persons
30 Power to require information from other persons
(1) The Screening Agency may, by notice in writing (an assessment notice), require any person to provide the Screening Agency with specified information relevant to an assessment of whether a person poses a risk of harm to persons with disability, for the purpose of—
(a) determining an application for a clearance or a risk assessment of an applicant or the holder of a clearance, or
(2) A person to whom an assessment notice is given is authorised and required to comply with the notice. The Commissioner of Police is not required to comply with an assessment notice if the Commissioner is of the opinion that compliance would disclose the existence or content of criminal intelligence information.
(3) An assessment notice may specify a day on or before which the notice is to be complied with.
(4) If a person fails to comply with an assessment notice, the Screening Agency may, by further notice in writing served on the person (an enforcement notice), direct the person to comply with the assessment notice within a period (not less than 28 days) specified in the notice. The enforcement notice must warn the person that a failure to comply with the notice is an offence.
(5) The Screening Agency may revoke an enforcement notice at any time.
(6) A person who fails, without reasonable excuse, to comply with an enforcement notice is guilty of an offence.
Maximum penalty—50 penalty units.
(7) In any proceedings for an offence against this section, the onus of proving that a person had a reasonable excuse lies with the defendant.
(8) If documents are given to the Screening Agency under this section, the Screening Agency—
(a) may take possession of, and make copies of or take extracts from, the documents, and
(b) may keep possession of the documents for such period as is necessary for the purposes of an administrative review or considering an application, and
(c) during that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the Screening Agency.
(9) In this section—
information includes documents.
person includes a NSW government agency.
Division 3
Information sharing and use
Division 3 Information sharing and use
Division 3 Information sharing and use
31
General powers to obtain, provide and use information
31 General powers to obtain, provide and use information
31 General powers to obtain, provide and use information
(1) The Screening Agency may obtain relevant information from an authorised person or a NSW government agency for an NDIS purpose.
(2) An authorised person or a NSW government agency may disclose relevant information to the Screening Agency for an NDIS purpose.
(3) The Screening Agency may disclose relevant information to an authorised person for an authorised purpose. This subsection does not authorise disclosure of relevant information to a NSW government agency unless the agency is an authorised person.
(4) The Screening Agency may use relevant information for an NDIS purpose.
32
Provision of information to NDIS employers and participants
32 Provision of information to NDIS employers and participants
32 Provision of information to NDIS employers and participants
The Screening Agency may provide the following relevant information about a person to an NDIS employer or participant who engages or proposes to engage the person to do NDIS work—
(a) information relevant to verification of the identity of the person,
(b) information about the outcome of any application for a clearance by or risk assessment of the person under this Act or a corresponding law,
(c) such other information as may be prescribed by the regulations.
33
Access to police information
33 Access to police information
33 Access to police information
(1) The Commissioner of Police is authorised to disclose (or arrange for a member of the NSW Police Force to disclose) the following information for the purpose of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability—
(a) information relating to any matter that may cause a person to be a disqualified person or require a risk assessment of a person, under this Act or a corresponding law,
(b) information relating to the criminal history of a person,
(c) without limiting paragraph (a) or (b), information relating to the circumstances of an offence or other matter disclosed under this section.
(2) The disclosure of information under this section is limited to disclosure to any of the following—
(a) the Screening Agency,
(b) an interstate screening agency,
(c) the Australian Criminal Intelligence Commission,
(d) a law enforcement agency of the Commonwealth or another State or Territory.
(3) A person to whom information is disclosed under the authority of this section may disclose that information to an interstate screening agency for the purposes of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability.
(4) Information relating to a person’s criminal history may be disclosed under this section whether or not the information relates to offences that cause or may cause the person to be a disqualified person or require a risk assessment of the person, under this Act or a corresponding law.
(5) This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Act.
(6) This section does not limit the powers of the Commissioner of Police to disclose relevant information as an authorised person under this Part.
(7) In this section—
interstate screening agency means a person or body exercising functions in the execution or administration of a corresponding law.
34
Disclosure of court information
34 Disclosure of court information
34 Disclosure of court information
(1) A court or tribunal is authorised to disclose relevant information to the Screening Agency for an NDIS purpose.
(2) Nothing in the Court Information Act 2010 prevents or restricts the disclosure of information under this section.
35
Power to retain relevant information indefinitely
35 Power to retain relevant information indefinitely
35 Power to retain relevant information indefinitely
(1) The Screening Agency may retain indefinitely information about a person who is or was an applicant for or the holder of a clearance under this Act whether or not the application was granted and even if the Screening Agency has no present or further use for the information.
(2) This section applies only to information that is relevant information collected by the Screening Agency for an NDIS purpose.
Division 4
Miscellaneous
Division 4 Miscellaneous
Division 4 Miscellaneous
36
Notification by reporting bodies of conduct requiring risk assessment
36 Notification by reporting bodies of conduct requiring risk assessment
36 Notification by reporting bodies of conduct requiring risk assessment
(1) It is the duty of a reporting body to notify the Screening Agency of the name and other identifying particulars of any NDIS worker against whom the reporting body has made a finding that the worker has engaged in conduct that constitutes circumstances prescribed by the regulations as requiring a risk assessment of the person.
(2) The duty to notify imposed by this section applies only to findings made after the commencement of this section. A reporting body is authorised (but not required) to notify the Screening Agency in respect of any such finding made before the commencement of this section.
(3) The Screening Agency may give directions to reporting bodies as to the form and manner in which a notification required under this section must be given.
(4) A reporting body may amend or withdraw a notification under this section at any time by notice in writing to the Screening Agency.
(5) The regulations may make provision for or with respect to the following—
(a) requiring the provision by reporting bodies of further particulars of any conduct in respect of which a finding is notified under this section,
(b) the keeping of records by reporting bodies of information about findings required to be notified under this section.
(6) In this section—
reporting body means the following—
(a) a NSW government agency that is prescribed by the regulations for the purposes of this section,
(b) a registration or other licensing authority that is constituted under an Act and that is prescribed by the regulations for the purposes of this section,
(c) any other employer or professional or other body that supervises the conduct of an employee and that is prescribed by the regulations for the purposes of this section.
37
Information sharing for national register or database
37 Information sharing for national register or database
37 Information sharing for national register or database
The Screening Agency may disclose information obtained in the execution or administration of this Act to an authorised person for the purpose of providing relevant information for entry in a national register or database established under the NDIS Act.
38
Information sharing for research, monitoring and auditing purposes
38 Information sharing for research, monitoring and auditing purposes
38 Information sharing for research, monitoring and auditing purposes
The Screening Agency may disclose information obtained in the execution or administration of this Act to an authorised person for the purpose of providing relevant information for use for the purposes of research into the operation of a relevant law or monitoring and auditing compliance with the requirements of a relevant law.
39
Disclosure of information about offences
39 Disclosure of information about offences
39 Disclosure of information about offences
(1) An authorised person may disclose to a law enforcement agency of this or any other jurisdiction (including a jurisdiction outside Australia) any information obtained as a result of the exercise of a function under this Act that indicates that a relevant offence may have been committed or that constitutes evidence of a relevant offence.
(2) In this section, relevant offence means an offence prescribed by the regulations as a disqualifying offence or presumptively disqualifying offence or prescribed by the regulations as a relevant offence for the purposes of this section.
40
Disclosure of information to prevent significant harm
40 Disclosure of information to prevent significant harm
40 Disclosure of information to prevent significant harm
An authorised person may disclose to any other authorised person any information obtained as a result of the exercise of a function under this Act if there are reasonable grounds to suspect that there is a risk of significant harm to a person with disability, a child or a vulnerable person, or to a class of those persons, and the disclosure is necessary to prevent that harm.
Part 6
Review of decisions
Part 6 Review of decisions
Part 6 Review of decisions
pt 6: Subst 2025 No 56, Sch 4[1].
41
Definitions
41 Definitions
41 Definitions
In this part—
affected person, for a reviewable decision, means any of the following persons—
(a) for a decision by the Screening Agency to refuse to grant an application for an NDIS worker check clearance—the applicant for the clearance,
(b) for a decision by the Screening Agency to impose an interim bar that has been in force for more than 6 months—the applicant subject to the interim bar,
(c) for a decision by the Screening Agency to suspend an NDIS worker check clearance—the person who held the clearance before the clearance was suspended,
(d) for a decision by the Screening Agency to cancel an NDIS worker check clearance—the person who held the clearance before the clearance was cancelled.
internal review—see section 42(1) and (4).
internal review decision means a decision made under this part on an application for internal review of a reviewable decision.
internal review notice—see section 45(1).
reviewable decision means any of the following decisions made by the Screening Agency—
(a) a decision to refuse to grant an application for an NDIS worker check clearance, including a decision to terminate an application for an NDIS worker check clearance,
(b) a decision to impose an interim bar on an applicant for an NDIS worker check clearance, if the bar has been in force for more than 6 months,
(c) a decision to suspend an NDIS worker check clearance, if the suspension has been in force for more than 6 months,
(d) a decision to cancel an NDIS worker check clearance, other than cancellation at the request of the holder of the clearance.
reviewer—see section 44(1).
s 41: Subst 2025 No 56, Sch 4[1].
pt 4, div 2, hdg: Ins 2025 No 56, Sch 4[1].
42
Who may apply for or initiate internal review
42 Who may apply for or initiate internal review
42 Who may apply for or initiate internal review
(1) An affected person for a reviewable decision may apply to the Screening Agency for a review of the reviewable decision under this division (an internal review).
(2) However, subject to subsection (3), a person may not apply for an internal review of a reviewable decision to—
(a) refuse to grant an NDIS worker check clearance or to cancel an NDIS worker check clearance because the applicant or holder is—
(i) a disqualified person, or
(ii) a presumptively disqualified person as a result of there being pending criminal proceedings against the applicant, or
(b) terminate an application or cancel an NDIS worker check clearance because the applicant or holder has failed, without reasonable excuse, to give information in accordance with section 29, or
(c) terminate an application for internal review because the applicant or holder has failed, without reasonable excuse, to give information in accordance with section 43(4).
(3) A person may seek an internal review of a decision referred to in subsection (2)(a), (b) or (c) if the ground for the review is an error in a finding of fact that—
(a) the person is a disqualified person or presumptively disqualified person, or
(b) the failure to give required information was without reasonable excuse.
(4) The Screening Agency may, on its own initiative, review a reviewable decision at any time and without an application by the affected person for the reviewable decision (also an internal review).
(5) An application cannot be made for a further internal review of an internal review decision.
s 42: Subst 2025 No 56, Sch 4[1].
43
Requirements for application for internal review
43 Requirements for application for internal review
43 Requirements for application for internal review
(1) An application for internal review of a reviewable decision must—
(a) be in the form approved by the Screening Agency, and
(b) include the information prescribed by the regulations, and
(c) be made to the Screening Agency—
(i) for a reviewable decision to refuse to grant an application for an NDIS worker check clearance or to cancel an NDIS worker check clearance—within 28 days after notice of the reviewable decision is given to the affected person, or
(ii) for a reviewable decision to impose an interim bar or suspension, if the interim bar or suspension has been in effect for more than 6 months—at any time after the interim bar or suspension has been in effect for more than 6 months, and
(d) be accompanied by the fee prescribed by the regulations, and
(e) be accompanied by any additional information or documents required by the Screening Agency.
(2) Despite subsection (1)(c)(i), the Screening Agency may, at the request of an affected person for a reviewable decision, extend the period of time during which an application for internal review of the reviewable decision may be made.
(3) The application does not stay the operation of the reviewable decision.
(4) To assist the Screening Agency to review the reviewable decision, the Screening Agency may, by notice to the affected person, require the affected person to give additional information or documents within the time, not less than 28 days, stated in the notice.
(5) The Screening Agency may terminate an application for internal review if the affected person fails, without reasonable excuse, to comply with a notice under subsection (4).
s 43: Subst 2025 No 56, Sch 4[1].
44
Internal review
44 Internal review
44 Internal review
(1) The Screening Agency must appoint an employee (the reviewer) of the Screening Agency to—
(a) review the reviewable decision, and
(b) decide to—
(i) confirm the reviewable decision, or
(ii) set aside the reviewable decision and substitute a new decision.
(2) For making a decision about a reviewable decision, the reviewer—
(a) may share information with and seek advice from—
(i) a person suitably qualified to deal with the issues raised by the matters the subject of the reviewable decision, or
(ii) another person prescribed by the regulations, and
(b) has the same powers the Screening Agency had in making the reviewable decision.
(3) In reviewing the reviewable decision, the reviewer must consider—
(a) any information and matters considered in making the reviewable decision, and
(b) relevant information given by the affected person in the person’s application or otherwise, and
(c) other relevant information prescribed by the regulations.
(4) The application for internal review of a reviewable decision may be dealt with only by a person who—
(a) did not make the reviewable decision and, to the extent practicable, was not substantially involved in the process of making the reviewable decision, and
(b) holds an office equal to or more senior than the person who made the reviewable decision, and
(c) is otherwise suitably qualified to deal with issues raised by the review of the reviewable decision.
(5) Subsection (4) does not apply if the reviewable decision was made by the Screening Agency, or the head of the Screening Agency personally.
Note—
This subsection applies only if the reviewable decision was made by the Screening Agency or the head of the Screening Agency personally, not if the decision was made by another person as a delegate of the Screening Agency or the head of the Screening Agency.
(6) The regulations may provide for requirements in relation to the conduct of an internal review.
s 44: Subst 2025 No 56, Sch 4[1].
45
Decisions about review of reviewable decisions
45 Decisions about review of reviewable decisions
45 Decisions about review of reviewable decisions
(1) After making an internal review decision, the reviewer must give the affected person notice (an internal review notice) about the decision.
(2) The internal review notice must include the following information—
(a) the reviewer’s findings on material questions of fact, including the evidence or other material on which the findings were based,
(b) the understanding of the reviewer of the applicable law,
(c) the reasons for the reviewer’s conclusions and decision.
(3) The internal review is taken to be finalised on the day on which the affected person is given the internal review notice.
s 45: Subst 2025 No 56, Sch 4[1].
45A
Protection of criminal intelligence
45A Protection of criminal intelligence
45A Protection of criminal intelligence
(1) Despite a provision of this Act, notice of a decision under this Act must not disclose the existence or content of any information—
(a) disclosed to the Screening Agency by the Commissioner of Police, and
(b) identified by the Commissioner, at the time of its disclosure or subsequently, as criminal intelligence information (identified criminal intelligence information).
(2) In determining an application for an administrative review of a decision under this Act, the Screening Agency and reviewer must—
(a) ensure the Screening Agency or reviewer does not, in the reasons for its decision or otherwise, disclose the existence or content of identified criminal intelligence information, and
(b) receive evidence and hear argument, in the absence of the public, from the applicant for the internal review and the applicant’s representative, to the extent necessary to prevent the disclosure of the existence or content of identified criminal intelligence information.
(3) If, in the reviewer’s opinion, information identified by the Commissioner of Police as criminal intelligence information is not criminal intelligence information, the following arrangements apply—
(a) the reviewer must give the Commissioner of Police the opportunity to withdraw the information from consideration by the reviewer,
(b) if the Commissioner withdraws the information from consideration by the reviewer—the information must not to be taken into consideration by the reviewer in deciding the internal review application but must otherwise continue to be treated by the Screening Agency and reviewer as identified criminal intelligence information for this section,
(c) if the Commissioner does not withdraw the information from consideration by the reviewer—the information must not be treated by the Screening Agency or reviewer as identified criminal intelligence information for this section.
s 45A: Ins 2025 No 56, Sch 4[1].
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
46
Act to bind Crown
46 Act to bind Crown
46 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
47
Effect of Act on other rights and procedures
47 Effect of Act on other rights and procedures
47 Effect of Act on other rights and procedures
(1) Nothing in this Act affects any statutory right that an employee may have in relation to employment or termination of employment.
(2) However, any court or tribunal exercising jurisdiction with respect to any such right must have regard to the results of any determination of an application for a clearance or risk assessment carried out under this Act in connection with the work concerned and the welfare of persons with disability as the paramount consideration in that determination or assessment.
(3) The Industrial Relations Commission or any other court or tribunal does not have jurisdiction under any Act or law to order the payment of damages or compensation for any removal from employment of a person in connection with the operation of this Act.
48
Protection from liability
48 Protection from liability
48 Protection from liability
(1) Anything done or omitted to be done by a person in good faith and with reasonable care—
(a) for the purpose of the determination of an application for a clearance or a risk assessment of an applicant for or the holder of a clearance, or
(b) for the purpose of exercising a function under this Act, or
(c) for the purpose of providing information to the Screening Agency as authorised or required under this Act,
does not subject the person to any action, liability, claim or demand.
(2) Without limiting subsection (1)—
(a) a person has qualified privilege in proceedings for defamation in respect of anything done or omitted to be done by the person for the purposes of the determination of an application for a clearance or risk assessment or otherwise exercising a function under this Act, and
(b) damages or compensation (whether for breach of contract or otherwise) are not payable in respect of a decision not to grant a clearance or to cancel or suspend a clearance, or to impose an interim bar, as a result of a risk assessment carried out in good faith and with reasonable care for the purposes of this Act or an application for review (including internal review) under Part 6 (Review of decisions).
(3) This section does not limit or affect any other right, privilege or immunity that a person has as a defendant in any proceedings.
49
Offence of providing false information
49 Offence of providing false information
49 Offence of providing false information
(1) A person must not, in or in connection with an application for a clearance under this Act or in purported compliance with a request or requirement under this Act, provide information to the Screening Agency knowing the information to be false or misleading in a material particular.
Maximum penalty—100 penalty units.
(2) In this section, information includes any statement and document.
50
Unauthorised disclosure or dishonest collection of information
50 Unauthorised disclosure or dishonest collection of information
50 Unauthorised disclosure or dishonest collection of information
(1) A person who discloses any information obtained by the person in the exercise of functions under this Act is guilty of an offence unless the disclosure—
(a) is made in good faith for the purposes of the exercise of a function under this Act or in connection with administrative review (including internal review) under the Administrative Decisions Review Act 1997 of a decision under this Act, or
(b) is made with the consent of the person to whom the information relates, or
(c) is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or
(d) is made with other lawful excuse.
(2) A person who dishonestly obtains confidential information relating to the exercise of functions under this Act is guilty of an offence.
Maximum penalty—100 penalty units, or imprisonment for 6 months, or both.
51
Evidentiary certificates
51 Evidentiary certificates
51 Evidentiary certificates
(1) The Screening Agency may issue a certificate that states that, on a specified date or during a specified period—
(a) a specified person was or was not the holder of a clearance, or
(b) a specified person had or had not made an application for a clearance, or
(c) a clearance held by a specified person was or was not suspended, or
(d) a specified person was or was not subject to an interim bar, or
(e) a clearance held by a specified person was cancelled.
(2) A certificate under this section is admissible in legal proceedings as evidence of the matters stated in the certificate.
52
Failure to give notice of decisions
52 Failure to give notice of decisions
52 Failure to give notice of decisions
Failure to give notice of a decision under this Act as required by this Act does not affect the validity or effect of the decision.
53
Public awareness and advice functions
53 Public awareness and advice functions
53 Public awareness and advice functions
The Screening Agency may promote public awareness of and provide advice on requirements for NDIS worker check clearances.
54
Monitoring and auditing functions
54 Monitoring and auditing functions
54 Monitoring and auditing functions
The Screening Agency may monitor and audit compliance with the requirements of this Act.
55
Fees
55 Fees
55 Fees
The Screening Agency may waive payment of, reduce or refund any fee payable under this Act.
56
Proceedings for offences
56 Proceedings for offences
56 Proceedings for offences
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
57
Penalty notices
57 Penalty notices
57 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6) In this section, authorised officer means a member of staff of the Screening Agency designated by the Screening Agency as an authorised officer for the purposes of this section.
58
Offences by corporations
58 Offences by corporations
58 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
59
Service of documents
59 Service of documents
59 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by any of the following methods—
(a) in the case of an individual—by personal delivery to the person,
(b) by post to the address specified by the person for the service of documents of that kind,
(c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,
(d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
(e) by email to an email address specified by the person for the service of documents of that kind,
(f) by any other method to which the person agrees for the service of documents of that kind,
(g) by any other method authorised by the regulations for the service of documents of that kind.
(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person by any other method.
(3) In this section, serve includes give or send.
60
Regulations
60 Regulations
60 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may also contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(3) A provision of a savings or transitional nature may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(4) To the extent to which a provision of a savings or transitional nature takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(5) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
Schedule 1
Interpretative provisions
Schedule 1 Interpretative provisions
Schedule 1 Interpretative provisions
sch 1: Am 2025 No 56, Sch 4[3].
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
sch 2: Rep 1987 No 15, sec 30C. Ins 2025 No 56, Sch 4[2].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the National Disability Insurance Scheme (Worker Checks) Act 2018.
2 Commencement
2 Commencement
2 Commencement
This Act commences on the date of assent to this Act.
3 Health, safety and well-being of people with disability to be paramount consideration
3 Health, safety and well-being of people with disability to be paramount consideration
3 Health, safety and well-being of people with disability to be paramount consideration
The health, safety and well-being of people with disability and, in particular, protecting them from abuse, violence, neglect and exploitation is the paramount consideration in the operation of this Act.
4 Interpretation—key definitions
4 Interpretation—key definitions
4 Interpretation—key definitions
Note.
Schedule 1 contains other interpretative provisions.
In this Act—
disqualified person—see section 5.
engage means engage in any of the following capacities—
(a) as a paid or unpaid employee,
(b) as a self-employed person or as a contractor or subcontractor,
NDIS employer means a person who engages a person to do NDIS work.
NDIS work means work comprising or in connection with the provision of supports or services to people with disability under the National Disability Insurance Scheme, being work—
(a) that is the subject of requirements under the NDIS Act for a person to hold a clearance under this Act or a corresponding law in order to be allowed by a registered NDIS provider to engage in that work, or
(b) that the Screening Agency is satisfied is work in respect of which it is otherwise necessary or convenient for a person to hold a clearance to facilitate the person’s engagement in that work.
Part 2 governs applications. Applications cannot be made before 1 July 2019 or an earlier prescribed date (s 6(1)). Strict validity requirements apply: approved form, identity proof, fee, and optional photograph (s 6(2)-(3)). Section 7 imposes a series of bars on who may apply, including 5-year bans after refusal or cancellation in most cases (s 7(2)), with exceptions for relevant changes of circumstances such as withdrawal of proceedings or quashing of findings (s 7(3)).
Determination follows a default grant rule: an application must be granted unless refused (s 8(1)). Refusal is mandatory for disqualified persons or where a risk assessment finds the person poses a risk of harm (s 8(2)). The Screening Agency may also refuse if not satisfied the applicant will do NDIS work (s 8(3)).
Interim bars may be imposed during assessment where there is a reasonable likelihood of an adverse risk finding (s 9(1)). Procedural fairness is built in via notice of proposed refusal (s 10, though inapplicable to disqualified persons) and notice of final decision with reasons and review rights (s 11).
Part 3 details risk assessment. A "risk of harm" is a real and appreciable risk that need not be likely, significant or recent (s 13(2)). Harm includes personal harm (physical, psychological, emotional or financial) and sexual harm (s 13(3)). Risk assessments are mandatory for presumptively disqualified persons (s 14(1)(a)), in prescribed circumstances, or as determined by the Screening Agency. For presumptively disqualified persons, the presumption of risk applies unless exceptional circumstances justify otherwise (s 15). Section 16 lists mandatory considerations including nature and gravity of relevant events, time elapsed, victim vulnerability, pattern of behaviour, and conduct since the event.
Part 4 addresses duration and termination. Clearances ordinarily last five years, with mechanisms to align with working with children clearances (s 17). Holders must notify relevant changes of particulars (name, address, employer) within three months (s 18(1), maximum 5 penalty units). The Screening Agency may suspend where a risk assessment is likely to find risk (s 19) and must cancel for disqualified persons or adverse risk findings (s 20(1)). Cancellation on other grounds (invalid application, mistake) requires procedural fairness (s 20(3)-(4)). Voluntary surrender is permitted but may be refused if suspended or under assessment (s 21).
Part 5 contains expansive information gathering and sharing powers. "Relevant information" is defined broadly (s 27) to include criminal history, workplace misconduct, court orders and clearance history. Authorised persons (including the NDIS Commission, law enforcement agencies and prescribed bodies) may obtain, use and disclose this information for authorised purposes connected with relevant laws (ss 31-32). Specific provisions authorise police disclosure (s 33), court disclosure (s 34) and indefinite retention (s 35). Reporting bodies must notify findings of conduct requiring risk assessment (s 36). Information may be shared for national registers (s 37), research (s 38), law enforcement (s 39) or to prevent significant harm (s 40).
Part 6, substantially substituted by the Child Protection (Working with Children) and Other Legislation Amendment Act 2025, now provides a structured internal review process before Tribunal proceedings. Reviewable decisions include refusals, long-running interim bars or suspensions, and non-voluntary cancellations (s 41). Affected persons may apply for internal review within strict timeframes (s 43), triggering appointment of a senior, independent reviewer (s 44). The reviewer may confirm or substitute the decision after considering original material, new information and seeking expert advice. Criminal intelligence information receives special protection (s 45A): its existence and content must not be disclosed, with closed hearings where necessary.
Part 7 contains miscellaneous provisions including Crown binding (s 46), primacy of disability safety in other proceedings (s 47), liability protection for good faith actions (s 48), offences for false information (s 49, 100 penalty units) and unauthorised disclosure (s 50), evidentiary certificates (s 51), and regulation-making powers (s 60).
Schedule 1 contains extensive interpretative provisions, including an expansive definition of "conviction" that captures spent, quashed and juvenile matters for history purposes while excluding them for disqualification (cl 2). The Intergovernmental Agreement may be considered in interpretation (cl 8).
Overall, the Act implements a preventative, information-driven screening regime that prioritises safety while providing structured decision-making, review rights and information safeguards.
Who it affects
The Act directly affects four main groups.
First, NDIS workers—any person engaged (as employee, contractor, self-employed or volunteer) to do NDIS work (s 4 and Schedule 1 cl 1). This includes support workers, therapists, coordinators, transport providers and administrative staff whose roles connect with NDIS-funded supports. Self-employed persons are explicitly treated as both worker and employer (Schedule 1 cl 3). Volunteers are covered whether engaged by another or working on their own account (Schedule 1 cl 4). The Act does not itself mandate clearances for all NDIS work; the requirement flows from the NDIS Act 2013 (Cth) and intergovernmental arrangements (note to Part 2). However, once required, the screening rules apply.
Second, NDIS employers—persons who engage others to do NDIS work (s 4). This includes registered NDIS providers, sole traders, not-for-profits and government agencies. Employers receive notifications about interim bars, suspensions, cancellations and clearance outcomes (ss 9(3), 11(3), 19(2), 20(6), 32). They must comply with NDIS rules that prohibit engagement of uncleared or barred workers. Section 3 of Schedule 1 confirms self-employed persons are their own NDIS employer.
Third, the Screening Agency and its delegates. The Minister appoints the Agency by Gazette order (s 4). It exercises all statutory functions including application processing, risk assessments, interim bars, suspensions, cancellations, information collection and disclosure. Clause 7 of Schedule 1 confirms the appointed body has all statutory powers and may delegate (with sub-delegation possible). Recent amendments emphasise internal review by a senior, independent employee (s 44).
Fourth, information providers and reporting bodies. These include the NSW Police Force, courts, tribunals, the NDIS Commission, other law enforcement agencies, prescribed government agencies, licensing bodies and employers who have made adverse findings (s 36). They are authorised or required to provide criminal history, misconduct and other relevant information. "Authorised persons" under s 22 enjoy broad information powers and immunities.
Participants in the NDIS (people with disability and their families) are indirectly but centrally affected: the paramount consideration throughout is their safety (s 3). They may receive limited information from the Screening Agency about clearance status of workers they propose to engage (s 32).
Notifiable persons (NDIS employers and others prescribed by regulation) receive formal notices at key points. The Act applies regardless of NSW residency (s 6(5)), facilitating national consistency with corresponding laws.
Finally, the 2025 amendments to Part 6 affect applicants and clearance holders seeking review by replacing external Tribunal review with a mandatory internal review process, thereby altering the procedural rights of affected persons.
Key duties and rights
The Act creates a suite of duties and rights carefully balanced around the paramount safety principle.
Key duties include:
The Screening Agency's duty to refuse clearances to disqualified persons (s 8(2)(a)) and to cancel where a person becomes disqualified or an adverse risk assessment is made (s 20(1)).
Holders' duty to notify changes of name, address, contact details or employer within 3 months (s 18(1)).
Reporting bodies' duty to notify the Screening Agency of prescribed adverse findings against NDIS workers (s 36(1)).
Applicants' and holders' duty to provide requested relevant information (s 29), with termination or cancellation as the sanction for unreasonable non-compliance.
Persons served with assessment or enforcement notices must comply or face 50 penalty unit offences (s 30(6)).
Rights include:
The right to apply for a clearance (subject to validity and bar rules in ss 6-7).
Procedural fairness rights: notice of proposed refusal or cancellation (ss 10, 20(3)), opportunity to make submissions, and written reasons (ss 11(2), 20(5)).
Internal review rights under the substituted Part 6 for affected persons in relation to reviewable decisions (ss 41-45). The reviewer must be senior, independent and suitably qualified (s 44(4)), must consider prescribed matters (s 44(3)) and must provide a detailed internal review notice with findings, legal understanding and reasons (s 45).
Protection against disclosure of criminal intelligence information (s 45A), including closed hearings.
Immunity from civil liability, defamation and contract damages for good faith actions (s 48).
Right to withdraw an application, though consent may be refused in specified circumstances (s 12).
Participants and employers have limited rights to receive verification and outcome information (s 32). The Act expressly preserves employee statutory rights while requiring courts and tribunals to regard clearance outcomes and the paramountcy principle (s 47(2)). However, industrial bodies cannot order compensation for removals resulting from the Act's operation (s 47(3)).
Penalties and enforcement
Enforcement relies on both administrative action and criminal sanctions.
Administrative enforcement is primary. The Screening Agency may impose interim bars (s 9), suspend clearances (s 19), cancel clearances (s 20), terminate applications (s 29(2)), and reject invalid applications (s 7(4)). These decisions are supported by extensive information powers, including compulsory notices to third parties (s 30) with 50 penalty unit offences for non-compliance without reasonable excuse (onus on defendant).
Criminal offences are targeted. Providing false or misleading information in applications or responses carries 100 penalty units (s 49). Unauthorised disclosure or dishonest collection of information carries 100 penalty units or 6 months imprisonment (s 50). Failure to notify change of particulars is 5 penalty units (s 18(1)). Failure to comply with an enforcement notice is 50 penalty units (s 30(6)). Corporations face director liability for knowing authorisation or permission (s 58).
Penalty notices may be issued for prescribed offences under the Fines Act 1996 (s 57). Proceedings are summary before the Local Court (s 56). Evidentiary certificates streamline proof of clearance status, applications, bars and cancellations (s 51).
The Act contains no imprisonment penalties except for the s 50 offence, reflecting its primarily protective and administrative character. Protection from liability provisions (s 48) shield both the Agency and information providers acting in good faith.
How it interacts with other laws
The Act is deliberately integrated with a web of Commonwealth and State legislation.
Its foundational relationship is with the NDIS Act 2013 (Cth). The definition of NDIS work expressly references requirements under that Act and its rules for holding a clearance (s 4). The NDIS Commission is an authorised person (s 22(c)) and information may be shared for NDIS purposes (s 26). National consistency is promoted via the Intergovernmental Agreement, which may be used as an interpretive aid (Schedule 1 cl 8) and for which information may be supplied to a national register (s 37).
Close alignment exists with the Child Protection (Working with Children) Act 2012. Section 17(4) permits discretionary shortening of clearance periods, early applications and fee adjustments to align the two schemes. The 2025 amendments to Part 6 mirror reforms in the child protection legislation, suggesting deliberate harmonisation of review processes.
Information sharing is authorised under multiple overlapping regimes. The Act overrides aspects of the Court Information Act 2010 (s 34(2)) and works alongside the Criminal Records Act 1991 and Crimes Act 1900 (via Schedule 1 cl 2 definitions of conviction). Police information powers (s 33) operate independently of other disclosure rules.
Administrative review under the Administrative Decisions Review Act 1997 is preserved for internal review decisions, though Part 6 now channels most challenges through the Screening Agency's internal process first. The Tribunal is defined but its role is now secondary following the 2025 substitution.
The Act binds the Crown in all capacities (s 46) and interacts with industrial laws by preserving employee rights while prohibiting compensation orders for clearance-related terminations (s 47).
Regulations under this Act can prescribe corresponding laws, disqualifying offences, reporting bodies and additional authorised persons, allowing dynamic alignment with other jurisdictions and evolving safeguarding standards.
Recent changes and why
The most significant recent changes are contained in the Child Protection (Working with Children) and Other Legislation Amendment Act 2025 (No 56), which substituted Part 6 entirely and made consequential amendments to Schedules 1 and 2.
Prior to 2025, Part 6 provided for direct administrative review by the Civil and Administrative Tribunal. The new Part 6 introduces a mandatory internal review stage (ss 42-45). An affected person (defined in s 41 to include applicants refused clearance, those subject to long interim bars or suspensions, and those whose clearances are cancelled other than at their request) must first seek internal review by a senior, independent reviewer within the Screening Agency. Only after that process is exhausted may further external review occur (though the substituted provisions focus on the internal stage).
The 2025 Act also inserted s 45A, which creates strong protections for criminal intelligence information. Notices and reasons may not disclose its existence or content. Reviewers must conduct closed hearings where necessary and follow a specific protocol if they consider information is not truly criminal intelligence (including offering the Commissioner of Police an opportunity to withdraw it).
Schedule 2 was replaced with new transitional provisions. Clause 2 of the new Schedule 2 provides that pending Tribunal applications lodged before the introduction date of the amending Bill are determined as if the amendments had not been made. Applications lodged after introduction but before commencement are taken to be withdrawn.
These changes appear designed to achieve several objectives evident from the text. First, to align NDIS worker check review processes with parallel reforms to the Child Protection (Working with Children) Act 2012, promoting consistency in safeguarding regimes. Second, to reduce the burden on the Tribunal by filtering matters through an expert internal reviewer who may consult suitably qualified persons (s 44(2)). Third, to strengthen protections for sensitive law enforcement information, reflecting contemporary concerns about disclosure risks in safeguarding contexts. The amendments maintain the paramountcy of disability safety while refining procedural fairness in light of operational experience since 2019.
Court challenges and controversies
The source text does not reference any specific court challenges or decided cases. All analysis must therefore be grounded in the statutory text itself.
The structure of the legislation suggests several areas of potential controversy. The expansive definition of "conviction" in Schedule 1 cl 2—including spent convictions, juvenile matters, findings without conviction, and even quashed convictions for criminal history purposes—has the capacity to capture historical and minor matters. The distinction drawn in cl 2(3) (such convictions do not trigger disqualification but do form part of criminal history for risk assessment) creates a nuanced but potentially contentious line.
The presumptive disqualification regime (s 5(2) and s 15) places a heavy onus on the individual to establish "exceptional circumstances". The Act provides no statutory definition of that term, leaving it to the Screening Agency and reviewer to develop consistent approaches. The risk of harm test in s 13(2)—real and appreciable but not required to be likely or significant and able to arise from non-recent events—sets a low threshold that may generate disputes about proportionality.
Information sharing provisions (Part 5) are extraordinarily broad. The power to retain information indefinitely even when no longer needed (s 35), the compulsory powers in s 30, and the authorisation to share for research, auditing and national registers (ss 37-38) raise privacy concerns. However, the Act balances these with offence provisions (s 50), consent requirements in application forms (s 28), and the good faith immunity in s 48.
The 2025 substitution of Part 6 removes the previous direct access to the Tribunal for many decisions, replacing it with an internal review that must be completed first. The protection of criminal intelligence information in s 45A, including mandatory closed hearings, may be challenged on natural justice grounds, though the provision expressly contemplates this tension and provides a procedural safeguard (s 45A(3)) allowing the Commissioner of Police to withdraw information.
The prohibition on industrial tribunals ordering compensation for clearance-related dismissals (s 47(3)) represents a significant limitation on employee remedies. Combined with the paramountcy principle that tribunals must apply (s 47(2)), this creates a clear hierarchy favouring disability safety over employment rights.
No specific controversies are recited in the Act, but the notes to various sections (for example, the note to s 9 referencing NDIS Act arrangements and the note to s 7(2) clarifying the 5-year ban does not apply to disqualified persons) suggest the legislature was conscious of implementation complexities at the intersection of State and Commonwealth schemes.
Gotchas
Most practitioners miss several subtle but high-impact features.
First, the definition of "conviction" in Schedule 1 cl 2 is deliberately broader than ordinary understanding. It expressly captures s 579 Crimes Act 1900 findings, spent convictions under the Criminal Records Act 1991, and even quashed or pardoned convictions for the purpose of criminal history and risk assessment. Only for the narrow question of whether a person is a disqualified person are quashed/pardoned matters excluded. This means historical, minor or spent matters that a worker believes are irrelevant can still trigger a full risk assessment under s 16.
Second, the "exceptional circumstances" test for presumptively disqualified persons (s 15) is not defined and sits atop a presumption of risk. The Screening Agency's risk assessment principles in s 13(2) make clear that the risk need not be likely, significant or recent. This combination can produce counter-intuitive outcomes where relatively old or low-level matters result in refusal.
Third, the 5-year application ban after refusal or cancellation (s 7(2)) contains important but easily overlooked exceptions. It does not apply to disqualified persons (who are permanently barred) but does not apply either where the cancellation was at the person's own request or where there has been a "relevant change of circumstances" (s 7(3)). The latter includes not only withdrawal of proceedings or quashing of findings but also "any other change of circumstances that the Screening Agency considers should result in the person being permitted to make an application". This residual discretion is rarely highlighted in guidance materials.
Fourth, information obtained under the Act can be retained indefinitely (s 35) even if the application is granted or the person never works in the sector. This information can be used for ongoing monitoring (s 28(2)) and shared with a wide range of authorised persons. The consent given in the application form is broad and continues for the life of any clearance.
Fifth, the interaction with the Child Protection (Working with Children) Act 2012 is more than superficial. Section 17(4) permits deliberate misalignment of expiry dates to achieve alignment, and the 2025 amendments harmonised review processes. A worker who holds both clearances may find that an adverse outcome in one scheme automatically triggers action in the other via information sharing (s 31).
Sixth, self-employed persons and volunteers are fully captured. A sole trader providing NDIS supports is both worker and NDIS employer (Schedule 1 cl 3) and must comply with notification obligations. A volunteer working without an organisational intermediary is treated as self-employed (Schedule 1 cl 4).
Finally, the internal review process introduced in 2025 contains strict time limits and information demands (s 43). Failure to provide additional information without reasonable excuse can result in termination of the review application (s 43(5)), which itself may be reviewable only on the narrow ground of error in finding that the failure was without reasonable excuse (s 42(3)).
How to comply
Compliance requires proactive, documented processes tailored to each stakeholder group.
For NDIS employers and providers:
Maintain a register of all persons engaged to do NDIS work and verify current clearance status before engagement and at regular intervals (using evidentiary certificates under s 51 where possible).
Ensure all engagement contracts contain obligations to notify changes of particulars (s 18) and to hold a valid clearance where required by the NDIS Act.
Have policies for immediate removal of workers subject to interim bar, suspension or cancellation, recognising that NDIS rules will prohibit continued engagement.
Report adverse findings about workers to the Screening Agency where prescribed by regulation (s 36).
Respond promptly to assessment notices (s 30) and understand that the Commissioner of Police may withhold criminal intelligence.
For individual workers and applicants:
Apply only when eligible (s 7). Attempting to circumvent the 5-year ban or pending application rules renders the application invalid (s 7(4)).
Provide complete, accurate identity information and respond to all requests for further information within the minimum 28-day period (s 29(3)). Failure without reasonable excuse can lead to termination of the application or cancellation of an existing clearance.
Notify the Screening Agency of any change of name, residential address, contact details or employer within 3 months (s 18). The 5 penalty unit offence is strict.
If refused or cancelled, carefully assess whether a relevant change of circumstances has occurred before re-applying after 5 years.
Understand that consent given in the application form authorises ongoing monitoring and information sharing for the life of the clearance.
For the Screening Agency and delegates:
Document all risk assessments by reference to the mandatory s 16 considerations and the s 13 principles.
Ensure internal reviewers meet the independence, seniority and qualification requirements of s 44(4).
Apply the criminal intelligence protections in s 45A rigorously, including offering the Police Commissioner the withdrawal opportunity under s 45A(3).
Use the power to extend time for internal review applications only where justified (s 43(2)).
Maintain clear records to support evidentiary certificates (s 51).
Organisations should integrate NDIS worker check compliance with working with children check processes, given the alignment mechanisms in s 17(4) and the 2025 amendments. Regular auditing of clearance status, training on notification obligations, and policies addressing the paramountcy principle in s 3 are essential. Because regulations prescribe critical details (disqualifying offences, fees, reporting bodies, corresponding laws), compliance programs must be reviewed whenever the Regulation is amended.
Legal advice should be sought before relying on the "exceptional circumstances" pathway or challenging criminal intelligence classifications. Given the power to retain information indefinitely and the broad sharing authorisations, privacy impact assessments are prudent even though the Act provides extensive immunities.
By treating the paramount consideration in s 3 as an overarching lens rather than a mere preamble, organisations can develop cultures that view worker screening as core safeguarding rather than an administrative burden. This approach minimises enforcement risk and, more importantly, advances the protective purpose that animates the entire statutory scheme.
NDIS worker check clearance or clearance means a clearance under this Act.
presumptively disqualified person—see section 5.
risk of harm—see section 13.
Screening Agency means the person or body appointed by the Minister by order in writing published in the Gazette as the Screening Agency for the purposes of this Act.
5 Disqualified and presumptively disqualified persons
5 Disqualified and presumptively disqualified persons
5 Disqualified and presumptively disqualified persons
(1) A person is a disqualified person for the purposes of this Act if the person has a conviction for an offence that is prescribed by the regulations as a disqualifying offence and that offence was committed by the person when an adult.
Note.
A disqualified person cannot be granted a clearance. See Part 2.
(2) A person is a presumptively disqualified person for the purposes of this Act if—
(a) the person has a conviction for an offence that is prescribed by the regulations as a presumptively disqualifying offence and that offence was committed by the person when an adult, or
(b) there are pending criminal proceedings against the person for an offence that is prescribed by the regulations as a disqualifying offence or presumptively disqualifying offence and that is alleged to have been committed by the person when an adult.
Note.
A presumptively disqualified person is presumed to pose a risk of harm to persons with disability and will not be granted a clearance unless there are exceptional circumstances. See Part 3.
Part 2 Obtaining a clearance
Part 2 Obtaining a clearance
Part 2 Obtaining a clearance
Note.
This Act does not require a person who does NDIS work to have an NDIS worker check clearance. The requirement for a clearance arises under the NDIS Act and arrangements made for the purposes of the Intergovernmental Agreement.
6 Making an application for a clearance
6 Making an application for a clearance
6 Making an application for a clearance
(1) An application for a clearance cannot be made before 1 July 2019 or such earlier date as may be prescribed by the regulations.
(2) An application for a clearance must—
(a) be in the form approved by the Screening Agency, and
(b) be accompanied by any information required by the Screening Agency, and
(c) include or be accompanied by proof of the identity of the applicant in the form approved by the Screening Agency, and
(d) be accompanied by the fee prescribed by the regulations.
(3) The Screening Agency may require an applicant for clearance to provide a recent photograph of the applicant, obtained in accordance with arrangements determined by the Screening Agency.
(4) An application is not considered to be completed and is not valid until all the requirements of this section for an application have been complied with.
(5) There is no requirement that an applicant for a clearance under this Act be a resident of NSW or have any other connection with NSW.
7 Certain persons not permitted to apply for clearance
7 Certain persons not permitted to apply for clearance
7 Certain persons not permitted to apply for clearance
(1) A person cannot apply for a clearance if—
(a) the person has had a clearance refused or cancelled under this Act or a corresponding law because the person is a disqualified person, or
(b) the person has made an application for a clearance under this Act or a corresponding law and that application is pending (whether or not the application is subject to an interim bar), or
(c) the person currently holds a clearance under this Act or a corresponding law, unless the application is made no more than 3 months before the expiry of the current clearance, or
Note.
An application for a clearance cannot be made more than 3 months before the expiry of an existing clearance.
(d) the person is subject to a 5-year ban on applying for a clearance as provided by this section following refusal or cancellation of a clearance, or
(e) in the previous 12 months, an application by the person for a clearance under this Act or a corresponding law has been rejected because the person failed to comply with a requirement to provide information.
(2) A person who has had a clearance refused or cancelled under this Act or a corresponding law is banned from applying for a clearance for 5 years following the refusal or cancellation, except in the following situations—
(a) if the cancellation was at the request of the person,
(b) if there has been a relevant change of circumstances for the purposes of the 5-year ban (as provided by subsection (3)),
(c) if the refusal or cancellation was because the person is a disqualified person.
Note.
The 5-year ban does not apply to a disqualified person. Such a person is permanently disqualified from reapplying for a clearance that has been refused or cancelled.
(3) Each of the following is a relevant change of circumstances for the purposes of the 5-year ban after refusal or cancellation of a clearance—
(a) proceedings for an offence on which the refusal or cancellation was based are withdrawn or dealt with without conviction of the person for the offence,
(b) a finding of guilt for an offence on which the refusal or cancellation was based is quashed or set aside,
(c) a finding the subject of a risk assessment on which the refusal or cancellation was based is quashed or set aside or otherwise expressly or impliedly ceases to have effect,
(d) any other change of circumstances that the Screening Agency considers should result in the person being permitted to make an application.
(4) An application made in contravention of this section is not a valid application and must be rejected.
8 Determination of application
8 Determination of application
8 Determination of application
(1) An application for a clearance must be granted unless the application is refused under this section.
(2) An application for a clearance must be refused if—
(a) the applicant is a disqualified person, or
(b) a risk assessment of the applicant is required (as provided by Part 3) and the risk assessment determines that the applicant poses a risk of harm to persons with disability.
Note.
A presumptively disqualified person requires a risk assessment and is presumed to pose a risk of harm to persons with disability unless there are exceptional circumstances. See Part 3.
(3) An application for a clearance may be refused if the Screening Agency is not satisfied that the applicant is or will be engaged to do NDIS work.
9 Interim bar on applicant
9 Interim bar on applicant
9 Interim bar on applicant
Note.
Arrangements under the NDIS Act that allow an applicant for a clearance to do NDIS work while an application is pending will not allow this while an interim bar is in force.
(1) The Screening Agency may, at any time after receiving an application for a clearance and pending determination of the application, impose an interim bar on the applicant if of the opinion that there is a reasonable likelihood that a risk assessment will determine that the person poses a risk of harm to persons with disability.
(2) The Screening Agency imposes an interim bar by giving written notice of the interim bar to the applicant.
(3) The Screening Agency may give written notice of an interim bar to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.
(4) An interim bar ceases to have effect—
(a) on notification in writing by the Screening Agency to the applicant that the interim bar is revoked, or
(b) if the application is granted or refused,
whichever occurs first.
10 Notice of proposed refusal of application
10 Notice of proposed refusal of application
10 Notice of proposed refusal of application
(1) If the Screening Agency proposes to refuse to grant a clearance to an applicant, the Screening Agency must notify the applicant in writing of the proposed decision and that the applicant may make a submission to the Screening Agency within the period specified in the notice.
(2) The Screening Agency must consider any submission made by an applicant within the specified period before finally deciding the application.
(3) This section does not apply to an application for a clearance that is made by a disqualified person.
11 Notice of final decision granting or refusing clearance
11 Notice of final decision granting or refusing clearance
11 Notice of final decision granting or refusing clearance
(1) The Screening Agency must notify the applicant in writing of the Screening Agency’s decision to grant or refuse to grant a clearance.
(2) Notice of a decision not to grant a clearance must set out the reasons for the refusal and any right to seek a review under Part 6 (Review of decisions).
(3) The Screening Agency may give written notice of the refusal of an application to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.
12 Withdrawal of application
12 Withdrawal of application
12 Withdrawal of application
(1) An applicant for a clearance may withdraw an application at any time by notice in writing to the Screening Agency in the form approved by the Screening Agency but the withdrawal of an application only has effect if the Screening Agency consents to its withdrawal.
(2) The Screening Agency must consent to the withdrawal of an application except in the following circumstances (and must refuse consent in those circumstances)—
(a) a clearance currently held by the applicant under this Act or a corresponding law is under suspension,
(b) the applicant’s most recent previous application for a clearance under this Act or a corresponding law was refused or the clearance most recently held by the applicant under this Act or a corresponding law was cancelled (other than cancellation at the request of the holder),
(c) the applicant is subject to an interim bar,
(d) the Screening Agency has notified or is proposing to notify the applicant that it proposes to refuse to grant a clearance to the applicant and has not yet determined the application,
(e) the Screening Agency is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses a risk of harm to persons with disability.
(3) The Screening Agency may give written notice of the withdrawal of an application to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.
Part 3 Risk assessment
Part 3 Risk assessment
Part 3 Risk assessment
13 Nature of risk assessment
13 Nature of risk assessment
13 Nature of risk assessment
(1) A risk assessment is an assessment and determination by the Screening Agency as to whether a person poses a risk of harm to persons with disability.
(2) A reference in this Act to a risk of harm to persons with disability is to be interpreted in accordance with the following principles—
(a) the risk of harm must be a real and appreciable risk of harm,
(b) the risk of harm does not need to be likely or significant,
(c) the risk of harm need not arise from recent events.
(3) In this Act, harm includes but is not limited to the following—
(a) personal harm, which means any detrimental effect on a person’s physical, psychological, emotional or financial well-being,
(b) sexual harm, which means non-consensual or inappropriate conduct of a sexual nature with or towards a person (whether or not that conduct poses a risk of personal harm).
14 Requirement for risk assessment
14 Requirement for risk assessment
14 Requirement for risk assessment
(1) A risk assessment of an applicant for or the holder of a clearance is required in the following circumstances—
(a) if the applicant or holder is a presumptively disqualified person,
(b) in circumstances prescribed by the regulations,
(c) in such other circumstances as the Screening Agency may determine, either generally or in a particular case.
(2) A risk assessment of an applicant for a clearance is required at the time of application if there are circumstances at the time of application that require a risk assessment.
(3) A risk assessment of the holder of a clearance is required if the Screening Agency becomes aware that there are circumstances that require a risk assessment.
15 Risk assessment of presumptively disqualified person
15 Risk assessment of presumptively disqualified person
15 Risk assessment of presumptively disqualified person
For the purposes of a risk assessment of a presumptively disqualified person, it is to be presumed that the person poses a risk of harm to persons with disability unless there are exceptional circumstances that justify a determination that the person does not pose such a risk.
16 Matters to be considered in risk assessment
16 Matters to be considered in risk assessment
16 Matters to be considered in risk assessment
The Screening Agency is to consider the following for the purposes of a risk assessment—
(a) the nature, gravity and circumstances of any offence, misconduc
This is an opening excerpt, not the complete document.