National Disability Insurance Scheme (Worker Screening) Regulations 2021

The regulations build on and clarify core concepts the Act uses by prescribing concrete instances or exceptions. The main concepts and their regulatory specifications are:

• Corresponding laws: The Act’s definition of "corresponding law" is given substance by regulation 4, which lists interstate worker‑screening and disability Acts (r 4(a)-(g)). The concept matters for mutual recognition of checks and for cross‑jurisdictional information exchange; practitioners should treat the listed Acts as the only "corresponding laws" the WA Act will recognise absent further amendment (r 4).

• Criminal records agency: The Act’s defined term "criminal records agency" includes a body prescribed by regulation 5. The regulations expressly nominate the Australian Crime Commission for that role (r 5). That concept governs which agencies may be engaged in supplying criminal records information for screening decisions.

• NDIS work and excluded work: The Act defines NDIS work; regulation 6 narrows that definition by excluding secondary school students on formal work experience with a registered NDIS provider when directly supervised by a "suitable person" (r 6(1)). "Suitable person" is further defined so that the supervisor must either hold an NDIS worker check clearance certificate that is not suspended or be covered by the transitional exceptions in Part 6 (r 6(2)). The concept creates an operational exemption for school placements while imposing supervisor qualification requirements.

• Public authority and prescribed authority: The Act requires a list of public authorities for certain disclosure powers. Regulation 7 prescribes the Aged Care Quality and Safety Commission as a public authority (r 7). Regulation 11 prescribes a number of named child protection and disability‑related chief executives and statutory units as "prescribed authorities" for disclosure (r 11(a)-(j)). Regulation 10 lists public authorities that may provide information (r 10(a)-(e)). These concepts determine which agencies the CEO and authorised officers can lawfully obtain information from and disclose to under the Act.

• Class 1 and Class 2 offences: The Act creates two class categories used in assessing worker suitability. Regulation 8 links those classes to offences listed in Schedules 1 and 2 and adds an age‑condition rule: an offence falls within the ambit of r 8(3) for the schedules if the victim had reached 14 and the age difference between offender and victim does not exceed five years (r 8(3)). The schedules themselves are extensive lists, mainly referencing Commonwealth Criminal Code provisions and other Commonwealth offences, together with specified conditions about victims being children or vulnerable persons. This concept establishes which criminal histories are treated with the highest and second‑highest degrees of risk for screening.

• Information sharing and applicable disclosure purposes: Regulation 9 prescribes certain state or territory disability and screening Acts for the purposes of s 34(5)(c) of the Act (r 9(a)-(e)). This concept governs the legal bases that authorise disclosures between agencies for screening and safeguarding.

• Entry warrant procedural elements and form: Regulations 12-13 set the mandatory information an applicant must provide when applying for an entry warrant and prescribe the warrant form in Schedule 3. The concept is central to authorised officers’ powers to enter premises for investigations under the Act (r 12, r 13 and Schedule 3).

• Fees and fee relief: Regulation 14 prescribes the fees payable for different classes of applications and for internal review processes, sets amounts, defines "concessional applicant" and preserves CEO discretion to reduce, waive or refund fees (r 14(1)-(6)). The concept sets the administrative price signals for applicants.

• Transitional rules and Commonwealth Rules linkage: Part 6 (regs 15-17) defines "commencement day" and the Commonwealth Rules, sets time‑limited transitional exceptions that allow continuing employment if a person has an "acceptable WA check" under Commonwealth Rules section 29A or an acceptable aged care provider check under section 29B, and then establishes exceptions to those transitional rules (regs 16-17). The concept bridges the State scheme to existing Commonwealth practice standards and gives fixed expiry dates for the transitional relief.

These concepts are operationalised only to the extent specified. The regulations map the Act’s placeholders into enumerated lists, fixed fees, a warrant form, and narrow transitional exceptions; the Act remains the source of substantive clearance, exclusion and suspension powers that the regulations support.

The regulations allocate duties, costs and procedural obligations across a set of parties. Practically affected groups (and the regulatory mechanism by which they are affected) include:

• Registered NDIS providers: They are affected by the exclusion rules for work‑experience students (r 6(1)-(2)), by transitional arrangements that permit some continuing workers (Part 6), and by information‑sharing and disclosure lists that permit authorities to share screening information (regs 9-11). Providers are the primary organisational actors who must verify that persons performing NDIS work have the required clearances and that supervision for excluded students meets the "suitable person" test (r 6).

• Individual workers and applicants for NDIS worker checks: Fees and fee categories apply directly to applicant workers (r 14). The amounts differ depending on whether the applicant will be remunerated for NDIS work and whether the applicant is a "concessional applicant" (r 14(2)). Transitional provisions (r 16) affect existing employees in risk assessed roles who may rely on acceptable WA checks under the Commonwealth Rules for limited periods; those transitional exceptions can be revoked under r 17.

• Secondary school students on formal work experience placements: The regulations explicitly exclude such students from the Act’s definition of NDIS work when supervised by a suitable person (r 6(1)). The exclusion reduces immediate screening obligations for schools and providers, but requires the provider to ensure direct supervision by someone with an NDIS clearance or who meets transitional conditions (r 6(2)).

• CEO (the administrative decision‑maker): The CEO is given explicit discretion to waive, reduce or refund fees (r 14(6)). The CEO also has procedural roles under the transitional exception regime: regulation 17(2) allows the CEO to give written notice that such a transitional exemption no longer applies to an identified person where the CEO is in possession of information under section 18(3) and considers there may be an unacceptable risk (r 17(2)(a)-(c)). That notice mechanism places administrative discretion and responsibility in the CEO’s office.

• Authorised officers and law enforcement: The regulations set the information required for entry warrant applications and prescribe the warrant form (regs 12-13 and Schedule 3). Authorised officers must use the form and provide the required particulars such as details of prior warrants within 72 hours (r 12(f) and Schedule 3).

• Public authorities and prescribed authorities: Regulation 10 lists authorities prescribed for providing information, and regulation 11 lists "prescribed authorities" authorised to disclose information (r 10, r 11). Those agencies are affected because they are the permitted sources and recipients of screening information under the Act’s information‑sharing framework.

• Applicants seeking internal reviews or extensions of time: The regulations set fees for internal review applications and extension‑of‑time requests (r 14(4)-(5)), affecting those seeking administrative review of designated decisions under the Act.

• Workers with relevant Commonwealth criminal convictions: The Schedules (1 and 2) list numerous Commonwealth offences treated as Class 1 or Class 2 offences for screening. Individuals with such convictions will be affected by how those offences are classified for exclusion or clearance decisions (r 8 and Schedules 1-2).

• Employers and HR functions across jurisdictions: Because the regulations list corresponding laws (r 4), employers who hire interstate workers must map interstate clearances to the WA regime. The correspondence list affects recognition of out‑of‑state checks and requires employers to consult the specified corresponding Acts when relying on interstate clearances.

In short, the regulations primarily affect providers, workers (including students on placements), the CEO and administrative staff, and public authorities engaged in information exchange. The mechanics allocate compliance tasks,verification of clearances, fee payments, record‑keeping, dealing with entry warrants, and monitoring transitional expiry dates,to these actors. See regs 4-6, 9-14 and 15-17 and Schedules 1-3 for the precise allocations.

The regulations impose precise administrative duties and enable specific rights under the Act:

Duties

• Verification of supervision for excluded school work: Registered NDIS providers must ensure that a secondary school student on formal work experience is directly supervised by a "suitable person" (r 6(1)-(2)). The duty is defined: a suitable person must either hold an NDIS worker check clearance certificate that is not suspended or be a person to whom s 68(1) of the Act does not apply under the transitional rules (r 6(2)).

• Furnishing applications for entry warrants: An authorised officer seeking an entry warrant must supply specified information in the application, including applicant’s full name and official details, place to be entered, suspected offence, grounds for entry, time period required, and a 72‑hour prior‑warrant statement (r 12(a)-(f)). This is a pre‑condition to magistrates issuing warrants.

• Compliance with prescribed forms: Entry warrants must be in the form set out in Schedule 3 (r 13). Authorised officers and magistrates must therefore use that form when executing or issuing warrants.

• Fee payment for applications and reviews: Applicants for NDIS worker check clearance must pay the prescribed fee depending on whether the worker will be remunerated and whether they are a concessional applicant (r 14(2)). Fees for cancellation of exclusion certificates and for internal reviews are also prescribed (r 14(3)-(5)). Applicants bear the cost unless the CEO exercises discretion to reduce or waive fees (r 14(6)).

• Time‑limited transitional documentation: Employers and employees who rely on transitional provisions must ensure that the specified acceptable checks under the Commonwealth Rules were in force at the relevant time; the transitional exceptions cease to have effect after set dates (r 16(2), (4)). Employers must also respond to notices from the CEO under r 17(2)(c) that revoke transitional status.

• Monitoring of criminal records for classed offences: Where an applicant’s history includes Commonwealth offences listed in Schedules 1 and 2, employers and the CEO must consider those classifications pursuant to the Act (r 8 and Schedules). Practitioners must cross‑check the conditions attached to each listed offence (for example victims being children or vulnerable persons) when assessing risk.

Rights

• CEO’s fee discretion: The CEO has the right (administrative power) to reduce, waive or refund fees in whole or in part in particular cases (r 14(6)). Applicants have no statutory entitlement to a waiver, but the regulation creates an administrative mechanism.

• Internal review and extension of time processes: Applicants have the right to apply for internal review of designated decisions, subject to payment of the prescribed fees (r 14(4)), and to apply for an extension of time for internal review (r 14(5)). The amounts are modest but positive costs are attached.

• Transitional preservation via application: A person’s transitional protection continues to apply if the person has applied for an NDIS worker check clearance under the Act or any corresponding law (r 17(4)). This creates a procedural right to preserve transitional status by lodging an application.

• Information sharing anchored in specific authorities and laws: The regulations list the laws and public authorities that may be involved in disclosures (regs 9-11). Affected entities can expect legal authority for exchanges of screening information only with those named bodies and under the Act’s sections referenced.

• Procedural transparency in warrants: The prescribed warrant form (Schedule 3) requires the magistrate’s name, signature, execution and recording details including audiovisual recording, occupier presence and timing (Schedule 3 , Execution details). This creates procedural rights and obligations that frame authorised officers’ execution of warrants.

These duties and rights are administrative and procedural; the regulations do not themselves impose new criminal penalties but shape how the Act’s substantive powers operate. The duties fall mainly on registered NDIS providers, authorised officers, and applicants; rights cluster around internal review, CEO fee discretion and limited preservation of transitional status via applications. See regs 6, 12-14 and 16-17 and Schedule 3.

The regulations themselves do not create new criminal offences or specify penalty levels. However, they materially affect enforcement through classification, warrant powers and administrative cost structures:

• Class 1 and Class 2 offence classifications: Regulation 8 ties the Act’s screening consequences to Schedules 1 and 2 by designating offences in those Schedules as Class 1 or Class 2 offences for the Act’s purposes (r 8(1)-(2)). The screening regime in the underlying Act uses Class 1 and Class 2 labels to trigger particular administrative responses (s 6 of the Act is referenced by r 8). While the regulations do not state the specific administrative outcomes (for instance exclusion), they set which offences will be treated as high or medium‑risk for the Act’s decision‑making, thereby indirectly determining the scope of exclusion, suspension and clearance decisions under the Act (r 8 and Schedules 1-2).

• Entry warrants and authorised officers: Regulation 12 prescribes the required information for applications for entry warrants under s 64(2) of the Act. Regulation 13 prescribes the warrant form in Schedule 3. Those provisions operationalise the Act’s investigatory powers by setting thresholds and evidentiary particulars required for judicial authorisation to enter premises. The warrant form requires execution details and audiovisual recording questions (Schedule 3 , Execution details). Practically, an authorised officer who enters without an appropriate warrant or in breach of the warrant’s terms may expose the state’s investigation to challenge, and the Act presumably contains the offence or remedy provisions that relate to unlawful entry (the Act itself is not reproduced here).

• Administrative enforcement via CEO notices: Regulation 17(2) allows the CEO to issue written notice revoking a person’s transitional protection where the CEO is in possession of information that applies under s 18(3) of the Act and considers there may be an unacceptable risk (r 17(2)(a)-(c)). On and after the relevant date (5 days after notice), r 16 cease‑to‑apply to that person (r 17(3)). The enforcement mechanism is administrative rather than criminal and gives the CEO a power to remove transitional cover based on information thresholds referenced to the Act.

• Fee non‑payment consequences: The regulation prescribes fees for applications and internal reviews (r 14). While the regulations themselves do not specify penalties for non‑payment, practitioners should note that fee non‑payment will affect the processing of applications and internal review requests. The CEO has discretion to waive or refund fees (r 14(6)), which can mitigate enforcement friction.

• Information disclosure and sharing: Regulations 9-11 prescribe the laws and authorities that may share information for "applicable disclosure purposes" and for s 43(1) and s 44(1) purposes. That prescription creates a lawful pathway for information exchange used in enforcement. The regulations do not create new sanctions for improper disclosure but confine lawful exchanges to the listed instruments and agencies.

• Transitional time‑limits and administrative expiry: Regulations 16(2) and 16(4) set expiration dates for transitional exceptions (1 February 2023 and 1 February 2024 respectively). After those dates, persons who continued because of the transitional provisions will require the state’s worker check clearance or other lawful basis. Failure to secure a clearance may lead to the employment consequences prescribed in the Act (for example the application of s 68(1)), which the regulations temporarily suspend in the circumstances outlined.

The upshot is that the regulations shape enforcement by setting which offences count as Class 1 or 2, prescribing the mechanics for entry warrants, giving the CEO administrative power to revoke transitional protection, and specifying fees that affect access to internal review and applications. The regulations do not themselves specify criminal sanctions; enforcement action and penalties derive from the Act and the referenced Commonwealth offences listed in the Schedules. See r 8, regs 12-13, r 14(6) and regs 16-17 and Schedules 1-3.

The regulations are explicitly cross‑referential. They integrate state operations with Commonwealth instruments and interstate legislation in several concrete ways:

• Corresponding laws and mutual recognition: Regulation 4 prescribes a set of interstate Acts as "corresponding laws" for the purposes of the Act’s definition of that term (r 4(a)-(g)). That list includes New South Wales, Victoria, Northern Territory, Queensland, Tasmania, the ACT and South Australia worker screening/disability statutes. The interaction is bilateral: the WA Act will treat checks and processes under those listed Acts as corresponding,this is the mechanism for recognition of interstate clearances and for information exchange. Employers and lawyers must map interstate clearances to this list when claiming mutual recognition.

• Commonwealth criminal offences as Classed offences: Schedules 1 and 2 adopt a long list of Commonwealth Criminal Code offences and other Commonwealth offences (for example Crimes (Internationally Protected Persons) Act, Customs Act offences) and attach conditions such as whether the victim is a child or vulnerable person. The regulations therefore import Commonwealth criminal law outcomes into the state screening regime. Practitioners will need to determine whether a relevant conviction under Commonwealth law meets the schedule conditions when assessing worker suitability.

• Commonwealth agency involvement: Regulation 5 prescribes the Australian Crime Commission as a "criminal records agency" for the Act’s purposes (r 5). That links WA’s screening data flows to a Commonwealth agency that may provide criminal records or related information.

• Commonwealth Rules: Part 6 (regulations 15-17) explicitly links transitional arrangements to the "Commonwealth Rules", namely the National Disability Insurance Scheme (Practice Standards,Worker Screening) Rules 2018 (r 15). Regulation 16 uses Commonwealth Rules sections 29A and 29B to define what counts as an "acceptable WA check" or "acceptable aged care provider check" for the transitional exemption. Practically, a person’s compliance with Commonwealth Rules is treated as a basis for WA transitional cover. This is a direct interaction where Commonwealth practice standards temporarily substitute for the state’s full clearance requirement.

• Child protection, health practitioner and aged care agencies: Regulations 9-11 list state disability Acts, the Australian Health Practitioner Regulation Agency, the Aged Care Quality and Safety Commission and a number of state child protection departments and chief executives as prescribed laws and authorities for information exchange (r 9-11). The effect is to create lawful pathways to exchange information between WA screening officials and these named agencies under the Act’s information‑sharing provisions.

• Entry warrant process and judicial authorisation: The statutory entry warrant mechanism under s 64 of the Act is fleshed out by regulations 12-13. The application particulars required by r 12 and the form in Schedule 3 create a standard template for magistrates and authorised officers, interacting with the Act’s warrant powers and with general judicial oversight.

• Fees and social‑concession interaction: Regulation 14 defines "concessional applicant" by reference to Centrelink and Services Australia cards and to Department of Veterans’ Affairs cards (r 14(1)). That ties the state’s fee‑structure to Commonwealth social‑security instruments.

These interactions are literal, not interpretive. The regulations do not import the substantive content of the Commonwealth Rules or the corresponding laws beyond recognising them as the instruments that matter for specific purposes. Practitioners must therefore consult the listed Commonwealth Rules and corresponding Acts to determine, for example, what constitutes an "acceptable WA check" under the Commonwealth Rules or what interstate clearance processes entail. See regs 4-5, 9-11, 14(1), and Part 6 (regs 15-17).

The regulations include a compilation table that records publication and commencement detail relevant to practitioners:

• The National Disability Insurance Scheme (Worker Screening) Regulations 2021 were made as SL 2021/5 and published on 29 January 2021 (Compilation table). Regulation 2 sets commencement as the day on which section 81 of the National Disability Insurance Scheme (Worker Screening) Act 2020 comes into operation (r 2). The compilation table records a commencement date of 1 February 2021 (see r 2 and SL 2021/4 cl. 2).

• There are no other amendment entries recorded in the compilation table included here. The "Notes" at the end of the text state that this is a compilation of the Regulations and advise to see the compilation table for provisions that have come into operation. The provided compilation table only lists the original SL 2021/5 instrument and the commencement reference.

• The Schedules and the body of the regulations indicate that some provisions (notably the transitional rules in Part 6) contain built‑in expiry dates: regulation 16(2) ceases to have effect at the beginning of 1 February 2023 and regulation 16(4) ceases at the end of 1 February 2024. Those are in‑instrument temporal limits rather than subsequent amendments.

• The drafting style indicates that the regulations were prepared to align with the Act at commencement and to set time‑limited transitional measures. The only recorded instrument in the compilation table is the initial SL 2021/5.

For current practice, users should check the official WA legislation site for any subsequent amending regulations, as the compilation provided here does not include later amendments beyond the initial 2021 instrument. The compilation table supplied with these regulations is the only explicit amendment history recorded in the text you provided.

The regulations themselves do not contain, and the provided compilation notes do not record, any litigation history. The text supplied includes a "Notes" section and a compilation table referencing the instrument’s publication and commencement. There are no cases, judicial decisions, or reported challenges referenced in the regulations or in the schedules attached.

Practitioners should therefore treat the regulations as administrative and prescriptive rather than litigated material at this point in the provided compilation. That said, key areas likely to generate dispute in future practice,should litigation arise,include:

• Classification of offences (Schedules 1 and 2) and whether a particular Commonwealth conviction meets the schedule’s conditions (for instance whether the victim qualifies as a "vulnerable person" or whether the age‑gap condition in r 8(3) is met).

• The CEO’s exercise of discretion under r 14(6) to waive or reduce fees, or the use of r 17(2) notices to revoke transitional protection based on information under s 18(3) of the Act.

• The sufficiency of an entry warrant application under r 12 and the prescribed form in Schedule 3; disputes could arise about whether the particulars supplied satisfied the requirement to inform a magistrate adequately.

• Whether transitional protections under regulation 16 were properly applied or properly revoked under regulation 17(2).

Because no litigation is recorded in the text you provided, practitioners should monitor decisions from WA tribunals and courts for future authorities construing the Act and these regulations. The absence of litigation references in this compilation does not preclude future dispute. For concrete historical judicial interpretation, consult court databases and the official state compilation beyond the instrument text provided.

The regulations contain several detailed, technical provisions that commonly cause operational friction. The following are concrete "gotchas" and how they arise from particular regulations:

• Narrow school‑placement exclusion tied to supervisor status (r 6): The exclusion in r 6(1) removes secondary school students on formal work experience from the definition of NDIS work only if they are directly supervised by a "suitable person". The definition of "suitable person" in r 6(2) requires either (a) the supervisor to hold an NDIS worker check clearance certificate that is not suspended, or (b) the supervisor to be a person to whom r 68(1) of the Act does not apply because of transitional rules. Operationally, a registered NDIS provider relying on the exclusion must verify the supervisor’s current clearance status or transitional status. Failure to check exposes the provider to the Act’s clearance rules.

• Transitional exemptions are time‑limited and revocable (regs 16-17): The Part 6 transitional protections cease on fixed dates (1 February 2023 and 1 February 2024 in r 16(2) and r 16(4)). These are non‑renewable dates unless regulations are amended. Moreover, r 17(2) allows the CEO to issue a notice revoking a person’s transitional coverage where the CEO has information under s 18(3) and considers an unacceptable risk exists. Practically, employers who rely on transitional protections must have forward plans for workers to obtain WA worker check clearances before the expiry dates and must track CEO notices that may curtail transitional status earlier.

• Conditions in Schedules are nuanced and often hinge on victim status: Schedules 1 and 2 list many Commonwealth offences with attached conditions such as "The victim is a child or a vulnerable person" or "Each victim is a person other than a child or a vulnerable person". That means the same statutory provision in the Criminal Code can fall into Class 1 or Class 2 depending on the identity or vulnerability of the victim(s). Assessing whether a past conviction meets the schedule condition may require factual inquiry into the historical charge or conviction details.

• Age and age‑difference condition in r 8(3): For offences listed in Schedules 1 and 2, r 8(3) states that an offence falls within the ambit of the subregulation if the victim had reached 14 and the age difference between victim and offender does not exceed 5 years. This specific threshold can produce counterintuitive outcomes,some offences involving adolescents close in age may be treated differently from offences involving larger age gaps. Practitioners must calculate ages at the time of offending and confirm the 5‑year threshold precisely.

• Fee structure differs by remuneration and concession status (r 14(2)): The fee for an NDIS worker check clearance is $145 for remunerated applicants, $80 for remunerated concessional applicants, and $11 where paragraph (a) does not apply (r 14(2)). Misapplying the remuneration test (for example treating contractors or self‑employed persons differently) may lead to incorrect fee payments or application rejection.

• CEO discretion can create variability (r 14(6)): The CEO may waive or refund fees "in a particular case if the CEO considers it appropriate" (r 14(6)). There is no statutory criteria listed; reliance on fee waivers is therefore administratively uncertain and may require persuasive justification to the CEO.

• Entry warrant application requires disclosure of prior applications within 72 hours (r 12(f)): An applicant for a warrant must state whether an application for the same place has been made under s 64(1) within the previous 72 hours and whether a warrant was issued (r 12(f)). Failure to disclose recent applications could be material to the magistrate’s decision.

• Warrant form contemplates audiovisual recording and occupier presence (Schedule 3): The execution section asks whether the occupier was present and whether entry was audiovisually recorded. Practitioners should be prepared to operationalise audiovisual recording where the warrant form anticipates it, and note that the form requires detailed execution entries.

• Interplay with Commonwealth Rules: The transitional "acceptable WA check" concept in r 16 relies on Commonwealth Rules sections 29A and 29B. To evaluate whether a worker is covered, a practitioner must consult those Commonwealth Rules because the regulations themselves do not restate what constitutes an "acceptable check" under those sections.

• Limited list of corresponding laws and authorities (r 4, r 9-11): If a person holds a clearance under a state or territory law not listed in regulation 4, the regulation does not treat that instrument as a "corresponding law". Practitioners should not assume broader mutual recognition beyond the enumerated list.

• Consequential administrative burdens: Employers must reconcile interstate clearances, maintain records of supervisors’ clearances for student placements, track transitional expiry dates, deal with application fees and potential internal review fees, and be prepared to respond to CEO notices under r 17(2). The regulations place multiple, interacting administrative duties on providers.

Each of these points flows directly from the regulatory text: see r 6(1)-(2), regs 16-17, r 8(3) and Schedules 1-2, r 14(2)-(6), r 12(f) and Schedule 3, and regs 4, 9-11. Practitioners should build operational checklists that reflect these exact provisions.

Below is a practical compliance checklist mapped to the regulations. The checklist is organised by actor and by task, with regulatory references for each item.

For registered NDIS providers and employers

1. Supervision of secondary school students (r 6):

   • Before placing a secondary student in work experience, confirm the placement is "formal work experience" with a registered NDIS provider (r 6(1)(a)).
   • Ensure direct supervision by a "suitable person". Verify that the supervisor either holds an NDIS worker check clearance certificate that is not suspended or satisfies transitional protection under Part 6 (r 6(2)).

2. Worker clearance verification (r 4, r 16):

   • Check whether a worker’s existing clearance is from a "corresponding law" listed in regulation 4 if relying on interstate recognition (r 4(a)-(g)).
   • For workers who claim transitional protection under regulation 16, confirm they had been employed pre‑commencement day, have continuous engagement, and had an acceptable WA check under Commonwealth Rules section 29A or acceptable aged care provider check under section 29B where applicable (r 16(1) and r 16(3)).
   • Note the sunset dates for transitional protection,1 February 2023 for r 16(1) (r 16(2)) and 1 February 2024 for r 16(3) (r 16(4)). Plan to obtain full WA clearances well before these dates.

3. Monitoring CEO notices (r 17):

   • Maintain contact details for the CEO and watch for written notices under r 17(2)(c) that revoke transitional protection. If notified, the transitional protection ceases on the date specified in the notice (r 17(3)).

4. Fees and concession handling (r 14):

   • Determine fee liability: if the worker will be remunerated (including self‑employed contractors) chargeable fees are $145 for standard applicants and $80 for concessional applicants; otherwise the fee is $11 (r 14(2)).
   • Verify concessional applicant status by checking Centrelink or DVA concession card eligibility as defined in r 14(1).
   • Where an internal review or extension is required, apply the relevant fee schedule in r 14(4)-(5).
   • If unable to pay, consider applying to the CEO for fee reduction, waiver or refund on the merits (r 14(6)).

5. Record‑keeping:

   • Keep copies of workers’ clearance certificates, evidence of supervision arrangements for students, records of any applications for worker checks and internal reviews, and any correspondence with the CEO concerning transitional protection or fee waiver requests.

For applicants and individual workers

1. Fee payments and concession claims (r 14):

   • Pay the correct application fee depending on remuneration status and concession card holding (r 14(2)).
   • If claiming concession, retain proof of card entitlement to present to Services Australia or the CEO if requested (r 14(1)).

2. Preserving transitional status by application (r 17(4)):

   • If relying on a transitional protection, consider lodging an application for an NDIS worker check clearance under the Act or a corresponding law to preserve protection; r 17(4) states regulation 16 does not apply to a person if the person has applied for a clearance (whether or not withdrawn).

3. Responding to CEO notices (r 17(2)-(3)):

   • If the CEO gives written notice that r 68(1) now applies to you, be aware the notice will take effect five days after issue and transitional protection will be removed (r 17(2)(c) and r 17(3)). Prepare immediately to cease risk‑assessed NDIS work if necessary.

For authorised officers and investigators

1. Preparing entry warrant applications (r 12 and Schedule 3):

   • Ensure each application for an entry warrant includes all required particulars: applicant’s full name and official details, place, suspected offence, grounds for entry, time period requested, and a statement regarding any application for an entry warrant for the same place within the previous 72 hours and its outcome (r 12(a)-(f)).
   • Use the exact form in Schedule 3 when seeking a warrant (r 13). Populate all fields, and ensure the magistrate’s details and signature are entered.

2. Execution of warrants (Schedule 3 Execution details):

   • Record start and end dates/times, whether the occupier was present and whether audiovisual recording occurred. The form explicitly asks these questions and provides for a place to identify the officer executing the warrant.

For legal advisers and compliance officers

1. Mapping offences to classes (r 8 and Schedules 1-2):

   • When advising on clearance or exclusion, map any Commonwealth convictions precisely to the Schedules, paying careful attention to the schedule conditions (for example, whether the victim is a child or vulnerable person) and the r 8(3) age/age‑difference rule.

2. Interpreting "corresponding law" and Commonwealth Rules (r 4 and Part 6):

   • Where relying on an interstate clearance, confirm the other jurisdiction’s Act is listed in regulation 4. For transitional reliance on Commonwealth Rules sections 29A and 29B, consult those Commonwealth Rules to determine the substantive content of "acceptable" checks.

3. Advising on fee appeals and internal review (r 14):

   • Prepare arguments for fee waiver applications to the CEO under r 14(6) and for internal review processes where the applicant is prepared to pay r 14(4). Keep in mind the stated fees are modest but non‑zero and that waiver is discretionary.

4. Compliance calendar:

   • Maintain a compliance calendar marking the 1 February 2023 and 1 February 2024 expiry points for the two transitional exceptions (r 16(2), (4)). Internal HR processes should plan to have workers obtain WA clearances well before those deadlines.

5. Information sharing and disclosure planning (regs 9-11):

   • For data‑sharing purposes, use only the laws and authorities listed in regulations 9-11 as the lawful bases. If an authority or Act is not listed, do not assume an automatic authority to disclose screening information under the Act.

This checklist converts the regulations’ prescriptions into operational steps. Each item maps to the regulation cited in parenthesis. Practitioners should document processes and retain audit trails for supervision checks, clearances, applications, CEO communications and warrant execution records to demonstrate compliance.