NORTHERN TERRITORY OF AUSTRALIA
NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)
REGULATIONS 2021
As in force at 25 March 2024
Table of provisions
1 Title .................................................................................................. 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Relative............................................................................................ 2
5 Corresponding laws ......................................................................... 3
6 Disqualifying offences ...................................................................... 3
7 Presumed disqualifying offences ..................................................... 4
8 Historic offences .............................................................................. 4
9 Requirements for application for screening check ........................... 4
10 Proof of identity documentation ....................................................... 6
11 Fees ................................................................................................ 6
12 Response time limit ......................................................................... 6
13 Application for internal review .......................................................... 7
14 Conduct of internal review ............................................................... 7
15 Notice of outcome of review ............................................................ 7
Schedule 1 Corresponding laws
Schedule 2 Disqualifying offences
Schedule 3 Presumed disqualifying offences
Schedule 4 Proof of identity documentation
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 25 March 2024
NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE)
REGULATIONS 2021
Regulations under the National Disability Insurance Scheme (Worker
Clearance) Act 2020
1 Title
These Regulations may be cited as the National Disability
Insurance Scheme (Worker Clearance) Regulations 2021.
2 Commencement
These Regulations commence on 1 July 2021.
3 Definitions
In these Regulations:
person under care, in relation to a person, means a child or
vulnerable person who:
(a) is receiving care or support because the child or vulnerable
person is unable to:
(i) care for themself; or
(ii) protect themself from harm or exploitation; and
(b) has a relationship with the person:
(i) because of the care or support mentioned in
paragraph (a); and
(ii) other than because the person is a relative of the child or
vulnerable person.
relative, see regulation 4.
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 2
vulnerable person means an adult who is, or may be, unable to
take care of themself or protect themself from harm or exploitation
due to age, illness or disability, and includes an adult who has
difficulty:
(a) understanding their rights; or
(b) understanding a power imbalance between themself and other
persons; or
(c) understanding that a person's behaviour, intended or
otherwise, is inappropriate or illegal; or
(d) making a decision; or
(e) providing consent or agreement; or
(f) expressing disapproval or objection; or
(g) communicating; or
(h) preventing, defending or protecting themself against an
offence or a person who commits an offence.
4 Relative
(1) Each of the following is a relative of a person:
(a) a spouse or de facto partner of the person;
(b) a child of the person;
(c) a stepchild of the person;
(d) a foster child of the person;
(e) a parent, grandparent or any other ancestor of the person;
(f) a stepparent of the person;
(g) a foster parent of the person;
(h) a sibling of the person;
(i) an uncle or aunt of the person;
(j) a cousin of the person;
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 3
(k) another person who is related to the person in accordance
with:
(i) any customary law or tradition applicable to the person;
or
(ii) any contemporary custom or practice.
(2) To avoid doubt, a relationship referred to in subregulation (1) may
include a relationship that arises through common ancestry,
adoption, marriage, de facto relationship or any customary law or
tradition.
5 Corresponding laws
For section 7(1) of the Act, definition corresponding law, each law
listed in Schedule 1 is prescribed as a corresponding law.
6 Disqualifying offences
For section 7(1) of the Act, definition disqualifying offence, the
following are prescribed:
(a) an offence against a provision of an Act or Act of the
Commonwealth specified in Schedule 2, subject to any
qualification specified opposite the provision;
(b) an offence against a law of a State, other Territory or foreign
country that, if it had been committed in the Territory, would
have constituted an offence mentioned in paragraph (a);
(c) an offence of attempting, or of conspiracy or incitement, to
commit an offence mentioned in paragraph (a) or (b);
(d) an offence that has, as an element, intention to commit an
offence mentioned in paragraph (a) or (b);
(e) an offence committed before the commencement of a
provision of an Act or Commonwealth Act mentioned in
paragraph (a) that, if committed after that commencement,
would have constituted an offence mentioned in
paragraph (a).
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 4
7 Presumed disqualifying offences
For section 7(1) of the Act, definition presumed disqualifying
offence, the following are prescribed:
(a) an offence against a provision of an Act or Act of the
Commonwealth specified in Schedule 3, subject to any
qualification specified opposite the provision;
(b) an offence against a law of a State, other Territory or foreign
country that, if it had been committed in the Territory, would
have constituted an offence mentioned in paragraph (a);
(c) an offence of attempting, or of conspiracy or incitement, to
commit an offence mentioned in paragraph (a) or (b);
(d) an offence that has, as an element, intention to commit an
offence mentioned in paragraph (a) or (b);
(e) an offence committed before the commencement of a
provision of an Act or Commonwealth Act mentioned in
paragraph (a) that, if committed after that commencement,
would have constituted an offence mentioned in
paragraph (a).
8 Historic offences
An offence that is prescribed as a disqualifying offence under
regulation 6 or a presumed disqualifying offence prescribed under
regulation 7 is a disqualifying offence or a presumed disqualifying
offence even if:
(a) the offence was committed before the commencement of
these Regulations; or
(b) the offence is repealed.
9 Requirements for application for screening check
(1) For section 17(2)(a) of the Act, an application for a screening check
must contain the information required by this regulation.
(2) The application must include the following:
(a) details of any worker screening or worker clearance the
applicant has held in relation to working with children or
vulnerable people;
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 5
(b) details of the suspension or cancellation of any worker
screening or worker clearance the applicant has held in
relation to working with children or vulnerable people;
(c) details of any investigation conducted by a government
agency in Australia in relation to the applicant involving an
allegation of abuse or neglect of a child in the applicant's care
that resulted in the restriction of contact between the applicant
and the child or the removal of the child from the applicant's
care;
(d) details of any workplace misconduct investigation related to
any of the following:
(i) violent behaviour or assault;
(ii) indecent or sexual behaviour or misconduct;
(iii) fraud, deception or theft;
(iv) failure to provide care for a child or vulnerable person.
Note for regulation 9(2)
See section 19 of the Act in relation to disclosures to be included in an
application.
(3) The application must include the applicant's:
(a) full name and any previous names; and
(b) gender; and
(c) date of birth; and
(d) place and country of birth; and
(e) current and previous residential addresses; and
(f) current postal address; and
(g) current email address.
(4) The application must include, if applicable, the applicant's
employer's:
(a) name; and
(b) NDIS Provider Number.
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 6
10 Proof of identity documentation
(1) For section 17(2)(b) of the Act, an application for a screening check
must be accompanied by the proof of identity documents prescribed
in this regulation.
(2) The application must be accompanied by an original or a copy of:
(a) one document specified in Schedule 4, Part 1; and
(b) one document specified in Schedule 4, Part 2; and
(c) two documents specified in Schedule 4, Part 3.
(3) A document cannot be used to satisfy more than one of the
categories specified in subregulation (2).
(4) The following must be included in at least one of the documents
provided under subregulation (2):
(a) a photograph of the applicant;
(b) the current residential address of the applicant;
(c) the signature of the applicant;
(d) the date of birth of the applicant.
(5) Despite subregulations (2) to (4), the Screening Agency may accept
an application that is accompanied by an alternative combination of
documents listed in Schedule 4 if the Screening Agency is satisfied
that exceptional circumstances exist.
11 Fees
For section 17(2)(c) of the Act, the prescribed fee is:
(a) if the screening check is required by the applicant for voluntary
work only – 10 revenue units; or
(b) otherwise – 100 revenue units.
12 Response time limit
For section 17(4) of the Act, the prescribed time is 30 days from the
date of the written notice.
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 7
13 Application for internal review
An application for internal review under section 42(3) of the Act
must:
(a) be in writing; and
(b) specify the name of the affected person; and
(c) identify the reviewable decision; and
(d) set out the reasons the affected person is seeking a review of
the decision; and
(e) specify an address to which correspondence regarding the
review may be sent to the affected person.
14 Conduct of internal review
(1) Within 30 days after receiving an application in accordance with
regulation 13, the internal reviewer must, subject to
subregulation (2), review the reviewable decision and notify the
affected person, in writing, of the outcome of the review.
(2) The internal reviewer may refuse to review a decision if satisfied
that the application for review was not made within 30 days after
the affected person was notified of the decision.
(3) If subregulation (2) applies, the internal reviewer is taken to have
confirmed the reviewable decision.
(4) A review must be conducted fairly and with as much expedition as a
proper consideration of the matter permits.
(5) A review must not be conducted by the officer or employee who
made the reviewable decision the subject of the review.
15 Notice of outcome of review
A notice of the outcome of a review must:
(a) include the reasons for the outcome; and
(b) include a statement setting out the affected person's rights
under section 43 of the Act.
Schedule 1 Corresponding laws
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 8
Schedule 1 Corresponding laws
regulation 5
Jurisdiction Corresponding law
Australian Capital Territory Working with Vulnerable People
(Background Checking) Act 2011
Commonwealth National Disability Insurance Scheme
(NDIS Worker Screening Law)
Determination 2020
National Disability Insurance Scheme
(Practice Standards – Worker
Screening) Rules 2018
New South Wales National Disability Insurance Scheme
(Worker Checks) Act 2018
Queensland Disability Services Act 2006
South Australia Disability Inclusion Act 2018
Tasmania Registration to Work with Vulnerable
People Act 2013
Victoria Worker Screening Act 2020
Western Australia National Disability Insurance Scheme
(Worker Screening) Act 2020
Schedule 2 Disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 9
Schedule 2 Disqualifying offences
regulation 6
1 Criminal Code
Provision of Act Qualification
125B
125C The article relates to a child or a vulnerable person
125D, 156, 165
174E The victim is a child or a vulnerable person
174F(1),
174FC(1)
The offender intended to cause death
175, 176, 177,
181, 182, 185,
186B, 186C
The victim is a child or a vulnerable person
188 The circumstances mentioned in subsection (2)(c) or (d)
exist
or
The circumstances mentioned in subsection (2)(m) exist
and the victim is a child or a vulnerable person
193 The victim is a child or a vulnerable person
194, 195 The victim is a child or a vulnerable person who is not a
relative of the offender
201
202B The victim is a child or a vulnerable person
202C(1) The victim is a vulnerable person
202C(2) or (3)
202D, 208H,
208HA, 208HB
The victim is a child or a vulnerable person
208HC, 208HD The victim is a child under 14 years of age
or
The victim is a child who is 14 years of age or older and
the offender is at least 5 years older than the victim
or
The victim is a vulnerable person
Schedule 2 Disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 10
208J, 208JA,
208JB, 208JC,
208JD, 208JE,
208JF
The victim is a child under 14 years of age
or
The victim is a child who is 14 years of age or older and
the offender is at least 5 years older than the victim
208JG, 208JH
208JI The victim is a child under 14 years of age
or
The victim is a child who is 14 years of age or older and
the offender is at least 5 years older than the victim
208K, 208KA,
208KB, 208KC,
208LB, 208LC,
208LD, 208LE
208MA The victim is a child or a vulnerable person
208N
2 Sex Industry Act 2019
Provision of Act Qualification
12, 13, 14
3 Criminal Code (Commonwealth)
Provision of Act Qualification
71.2
71.4, 71.5, 71.8 The victim is a child or a vulnerable person
71.9, 71.10 The victim is a child or a vulnerable person who is not a
relative of the offender
73.2 The victim is a child or a vulnerable person
73.3 At least 1 victim is a child or a vulnerable person
73.3A The conduct constituting the offence of people
smuggling relates, or would relate, to at least 1 person
who is a child or a vulnerable person
104.1 as in force
before
15 December 2005
Schedule 2 Disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 11
104.3 and 104.4 as
in force before
15 December 2005
The victim is a child or a vulnerable person
115.1
115.3, 115.4 The victim is a child or a vulnerable person
268.3
268.4 At least 1 victim is a child or a vulnerable person
268.5, 268.6, 268.7,
268.8, 268.9
268.10, 268.13 At least 1 victim is a child or a vulnerable person
268.14, 268.15 The victim is a child or a vulnerable person
268.16, 268.19,
268.21(1)
At least 1 victim is a child or a vulnerable person
268.24
268.25, 268.26,
268.27, 268.28
At least 1 victim is a child or a vulnerable person
268.38(1) The offence causes death
268.40(1)
268.41, 268.42,
268.43, 268.44
The perpetrator's conduct results in death
268.47(1)
268.47(2) At least 1 victim is a child or a vulnerable person
268.48(1)
268.48(2) At least 1 victim is a child or a vulnerable person
268.49(1)
268.50, 268.55,
268.56
The offence causes death
268.59, 268.60 The victim is a child or a vulnerable person
Schedule 2 Disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 12
268.61, 268.64 At least 1 victim is a child or a vulnerable person
268.65 The conduct results in the death of any of the persons
referred to in paragraph (a) of the provision
268.70, 268.71(1)
268.71(2), 268.73 At least 1 victim is a child or a vulnerable person
268.76(2)
268.82, 268.83 The victim is a child or a vulnerable person
268.84, 268.87 At least 1 victim is a child or a vulnerable person
268.90(1)
268.91 The offence causes death
268.92(1)
268.92(2) At least 1 victim is a child or a vulnerable person
268.93(1)
268.97, 268.98 The attack results in death
270.3, 270.5(1) The victim is a child or a vulnerable person
270.5(2) At least 1 victim is a child or a vulnerable person
270.6 as in force
before
8 March 2013
The victim is a child or a vulnerable person
270.6A(1) The victim is a child or a vulnerable person
270.6A(2) At least 1 victim is a child or a vulnerable person
270.7, 270.7B,
270.7C, 271.2,
271.3
The victim is a child or a vulnerable person
271.4
271.5, 271.6 The victim is a child or a vulnerable person
271.7
Schedule 2 Disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 13
271.7B, 271.7C,
271.7D, 271.7E
The victim is a child or a vulnerable person
271.9 as in force
before 23 May 2018
The victim is a child or a vulnerable person
272.8, 272.9 The victim is a child under 14 years
or
The victim is a child aged 14 years or over and the
offender is at least 5 years older than the victim
272.10
272.11 The victim is a child under 14 years
or
The victim is a child aged 14 years or over and the
offender is at least 5 years older than the victim
272.12, 272.13,
272.14, 272.15,
272.18, 272.19,
272.20
273.5 as in force
before
21 September 2019
273.6, 273.7,
273A.1
274.2 The victim is a child or a vulnerable person
471.16 and 471.17
as in force before
21 September 2019
471.19, 471.20,
471.22, 471.24,
471.25
471.26 The victim is a child under 14 years
or
The victim is a child aged 14 years or over and the
offender is at least 5 years older than the victim
Schedule 2 Disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 14
474.19 and 474.20
as in force before
21 September 2019
474.22, 474.22A,
474.23, 474.24A
474.25A The victim is a child under 14 years
or
The victim is a child aged 14 years or over and the
offender is at least 5 years older than the victim
474.25B, 474.25C,
474.26, 474.27
474.27A The victim is a child under 14 years
or
The victim is a child aged 14 years or over and the
offender is at least 5 years older than the victim
4 Crimes (Internationally Protected Persons) Act 1976
(Commonwealth)
Provision of Act Qualification
8(1)
8(2) The attack causes death
or
The attack causes grievous bodily harm, but not death,
and the victim is a child or a vulnerable person
4 Customs Act 1901 (Commonwealth)
Provision of Act Qualification
233BAB The items are items of child abuse material
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 15
Schedule 3 Presumed disqualifying offences
regulation 7
1 Criminal Code
Provision of Act Qualification
51, 53, 54, 55, 73,
74, 75
160, 161A, 162,
170
174E The victim is not a child or a vulnerable person
174F(1) The offender did not intend to cause death
174FA
174FC(1) The offender did not intend to cause death
175, 176, 177,
181, 182
The victim is not a child or a vulnerable person
183, 184 The victim is a person under care
185, 186B, 186C The victim is not a child or a vulnerable person
188 The circumstances mentioned in subsection (2)(m) exist
and the victim is not a child or a vulnerable person
193 The victim is not a child or a vulnerable person
194, 195 The victim is a child or a vulnerable person and is a
relative of the offender
or
The victim is not a child or a vulnerable person and is
not a relative of the offender
202B(1) The victim is not a vulnerable person
202D The victim is not a child or a vulnerable person
208AAB, 208AB The image is of a child or a vulnerable person
208H, 208HA,
208HB
The victim is not a child or a vulnerable person
208HC, 208HD The victim is a child who is 14 years of age or older and
the offender is less than 5 years older than the victim
or
The victim is not a child or a vulnerable person
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 16
208J, 208JA,
208JB, 208JC,
208JD, 208JE,
208JF, 208JI
The victim is a child who is 14 years of age or older and
the offender is less than 5 years older than the victim
208MA The victim is not a child or a vulnerable person
228AH, 228AK The person intended to be deceived is a child or a
vulnerable person
253, 254 The offence involves or affects a child or a vulnerable
person
284 The person intended to be defrauded is a child or a
vulnerable person
2 Animal Welfare Act 1999
Provision of Act Qualification
10
3 Summary Offences Act 1923
Provision of Act Qualification
60, 60A The person intended to be defrauded is a child or a
vulnerable person
4 Misuse of Drugs Act 1990
Provision of Act Qualification
5, 5B, 5C
5D The person to whom the drug is supplied is a child or a
vulnerable person
6
6A, 6B The commission of the offence exposes a child or a
vulnerable person to the cultivation of a prohibited plant
6C, 6D, 6E, 6G
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 17
5 Criminal Code (Commonwealth)
Provision of Act Qualification
71.3
71.4, 71.5, 71.8 The victim is not a child or a vulnerable person
71.9, 71.10 The victim is not a child or a vulnerable person
or
The victim is a child or a vulnerable person and the
offender is a relative of the child or person
73.2 The victim is not a child or a vulnerable person
73.3 None of the victims is a child or a vulnerable person
73.3A None of the persons to whom the conduct constituting
the offence of people smuggling relates, or would relate,
is a child or a vulnerable person
73.8, 73.9, 73.10 The offence affects or involves a child or a vulnerable
person
80.1, 80.1AA,
80.1AC, 80.2,
80.2A, 80.2B,
80.2C, 80.2D, 82.3,
82.4, 82.5, 82.6,
82.7, 82.8, 82.9,
83.1, 83.2, 83.3,
91.1, 91.2, 91.3,
91.6, 91.8, 91.11,
91.12, 92.2, 92.3,
92.4, 92.7, 92.8,
92.9, 92.10, 92A.1,
101.1, 101.2, 101.4,
101.5, 101.6, 102.2,
102.3, 102.4, 102.5,
102.6, 102.7, 102.8,
103.1, 103.2,
104.2 as in force
before
15 December 2005
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 18
104.3 and 104.4 as
in force before
15 December 2005
The victim is not a child or a vulnerable person
115.2
115.3, 115.4 The victim is not a child or a vulnerable person
119.1, 119.4, 122.1,
122.2, 122.3, 122.4
134.1, 134.2,
135.1(1), 135.2,
135.4(1), 136.1,
137.1, 137.1A,
137.2
The offence affects or involves a child or a vulnerable
person
142.2 The offender causes a detriment to a child or a
vulnerable person
144.1, 145.1, 145.2,
145.4, 145.5,
148.1(1), 148.2(1)
or (3)
The offence affects or involves a child or a vulnerable
person
268.4, 268.10 None of the victims is a child or a vulnerable person
268.11, 268.12
268.13 None of the victims is a child or a vulnerable person
268.14, 268.15 The victim is not a child or a vulnerable person
268.16 None of the victims is a child or a vulnerable person
268.17, 268.18
268.19 None of the victims is a child or a vulnerable person
268.20
268.21(1) None of the victims is a child or a vulnerable person
268.21(2), 268.22,
268.23
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 19
268.25, 268.26,
268.27, 268.28
None of the victims is a child or a vulnerable person
268.29, 268.30,
268.31, 268.32,
268.33, 268.34,
268.35, 268.36,
268.37
268.38(1) The offence does not cause death
268.38(2), 268.39,
268.40(2)
268.41, 268.42,
268.43, 268.44
The perpetrator's conduct does not result in death
268.45, 268.46
268.47(2),
268.48(2)
None of the victims is a child or a vulnerable person
268.49(2)
268.50 The offence does not cause death
268.51, 268.52,
268.53, 268.54
268.55, 268.56 The offence does not cause death
268.57, 268.58
268.59, 268.60 The victim is not a child or a vulnerable person
268.61 None of the victims is a child or a vulnerable person
268.62, 268.63
268.64 None of the victims is a child or a vulnerable person
268.65 The conduct does not result in the death of any of the
persons referred to in paragraph (a) of the provision
268.66, 268.67,
268.68
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 20
268.71(2) None of the victims is a child or a vulnerable person
268.72
268.73 None of the victims is a child or a vulnerable person
268.74, 268.75,
268.76(1), 268.77,
268.78, 268.79,
268.80, 268.81
268.82, 268.83 The victim is not a child or a vulnerable person
268.84 None of the victims is a child or a vulnerable person
268.85, 268.86
268.87 None of the victims is a child or a vulnerable person
268.88, 268.89,
268.90(2)
268.91 The offence does not cause death
268.92(2) None of the victims is a child or a vulnerable person
268.93(2), 268.94,
268.95, 268.96
268.97, 268.98 The attack does not result in death
268.99, 268.100,
268.101
270.3, 270.5(1) The victim is not a child or a vulnerable person
270.5(2) None of the victims is a child or a vulnerable person
270.6 as in force
before
8 March 2013
The victim is not a child or a vulnerable person
270.6A(1) The victim is not a child or a vulnerable person
270.6A(2) None of the victims is a child or a vulnerable person
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 21
270.7, 270.7B,
270.7C, 271.2,
271.3, 271.5, 271.6,
271.7B, 271.7C,
271.7D, 271.7E
The victim is not a child or a vulnerable person
271.9 as in force
before 23 May 2018
The victim is not a child or a vulnerable person
272.8, 272.9,
272.11
The victim is a child aged 14 years or over and the
offender is less than 5 years older than the victim
273B.4
274.2 The victim is not a child or a vulnerable person
302.2, 303.4, 304.1,
305.3
305.4 The commission of the offence exposes a child or a
vulnerable person to the manufacture of a controlled
drug
306.2
306.3, 306.4 The commission of the offence exposes a child or a
vulnerable person to a controlled precursor
307.1, 307.11,
308.3, 309.2, 309.3,
309.4, 309.7, 309.8,
309.10, 309.11,
309.12, 309.13,
309.14, 309.15,
310.2, 310.3
372.1, 372.1A,
372.2
The offence involves or affects a child or a vulnerable
person
471.26 The victim is a child aged 14 years or over and the
offender is less than 5 years older than the victim
474.17A The victim is a child or a vulnerable person
474.25A, 474.27A The victim is a child aged 14 years or over and the
offender is less than 5 years older than the victim
480.4 The person to whom the information relates is a child or
a vulnerable person
Schedule 3 Presumed disqualifying offences
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 22
6 Crimes (Internationally Protected Persons) Act 1976
(Commonwealth)
Provision of Act Qualification
8(2) The attack causes grievous bodily harm, but not death,
and the victim is not a child or a vulnerable person
Schedule 4 Proof of identity documentation
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 23
Schedule 4 Proof of identity documentation
regulation 10
Part 1 – Category A documents
1 Any of the following documents:
(a) an Australian birth certificate;
(b) an Australian citizenship certificate.
2 Any of the following documents that is in force:
(a) an Australian passport;
(b) an Australian visa (supported by a foreign passport);
(c) a document issued by the Commonwealth as evidence of
immigration status.
Part 2 – Category B documents
1 Any of the following documents:
(a) an Australian birth certificate;
(b) an Australian marriage certificate.
2 Any of the following documents that is in force:
(a) an Australian passport;
(b) a document issued by the Commonwealth as evidence of
immigration status;
(c) a foreign passport with a valid entry stamp or visa;
(d) an identity card, licence or permit issued by a State or Territory or
the Commonwealth that contains the applicant's photograph and
date of birth.
Schedule 4 Proof of identity documentation
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 24
Part 3 – Category C documents
1 Any of the following documents that contains the applicant's full name
and is in force
(a) a non-citizen travel document issued by the Commonwealth;
Examples for paragraph (a)
Certificate of Identity, Convention Travel Document
(b) an identity document issued by a foreign government;
Example for paragraph (b)
A foreign driver's licence
(c) a debit or credit card issued by an Australian financial institution;
(d) an Australian private health insurance card;
(e) an identity card issued by an Australian trade association;
(f) an identity card issued by a State or Territory or the Commonwealth
evidencing an entitlement to a government benefit.
Examples for paragraph (f)
Medicare card, Health Care card
2 Any of the following documents that contains the applicant's full name, is
in force and contains a photograph of the applicant:
(a) an identity card, licence or permit issued by a State or Territory or
the Commonwealth that contains the applicant's date of birth;
(b) a student identification card issued by an Australian educational
institution.
3 Any of the following documents that contains the applicant's full name
and was issued no more than 12 months before the date of the
application:
(a) a document issued by a State or Territory or the Commonwealth
evidencing an entitlement to a government benefit;
Example for paragraph (a)
Centrelink statement
(b) a document evidencing enrolment with the Australian Electoral
Commission;
(c) a credit reference check issued by a credit reporting agency;
Schedule 4 Proof of identity documentation
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 25
(d) a certified academic transcript from an Australian educational
institution;
(e) a bank statement issued by an Australian financial institution;
(f) a rates assessment notice issued by a State, Territory or local
government council;
(g) a document issued by the Australian Taxation Office which contains
the applicant's tax file number;
Example for paragraph (g)
A taxation assessment notice
(h) an Australian utility bill that contains the applicant's residential
address.
4 A statutory declaration confirming the applicant's identity that:
(a) is made no more than 12 months before the date of the application;
and
(b) is made by a person who:
(i) has known the applicant for at least 12 months; and
(ii) is not a relative of the applicant; and
(c) has a photograph of the applicant attached which has the applicant's
name written on the back and is signed by the person making the
declaration; and
(d) contains the following information:
(i) the applicant's current name and any previous names known to
the person making the declaration;
(ii) the applicant's current residential address;
(iii) the applicant's date of birth;
(iv) the full name and contact details of the person signing the
declaration.
ENDNOTES
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 26
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
National Disability Insurance Scheme (Worker Clearance) Regulations 2021 (SL No. 5
2021)
Notified 2 June 2021
Commenced 1 July 2021 (r 2)
Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)
Assent date 17 August 2023
Commenced 25 March 2024 (Gaz S20, 22 March 2024)
3 LIST OF AMENDMENTS
r 6 amd Act No. 20, 2023, s 24
r 7 amd Act No. 20, 2023, s 25
sch 1 amd Act No. 20, 2023, s 26
sch 3 amd Act No. 20, 2023, s 27