From 1 February 2021, a person who works with people with disability must have a screening check that is no more than 5 years old [s 22(1) Disability Inclusion Act 2018 (SA)]. This requirement does not apply to Unregistered NDIS Providers. It also does not apply to an excluded person [s 22(2)]. See Who is an excluded person? in 'NDIS Worker Check - Exclusion Notice'.
The purpose of the screening check is to assess whether a person who works, or seeks to work, with people with disability poses a risk of harm to them.
It is an offence for a person who does not have a current screening check to work with people with a disability. The maximum penalty for a first or second offence is $20,000 and for a third or subsequent offence $50,000 or imprisonment for 1 year.
If a person in South Australia is providing NDIS services and support to children with disability, they are required to have both a Working with Children Check and an NDIS worker screening check.
Further information about types of current screening checks is available on the Department of Human Services - Screening Unit website (opens new window).
How is "working with people with disability" defined?
Under the Act a person works with people with disability, if the person:
[s 20(a) and (b) Disability Inclusion Act 2018 (SA)]
Examples of the type of work for which it is necessary to have an NDIS Worker Check include:
Employment includes those who are self-employed, contractors, ministers of religion or those engaged in the duties of a religious or spiritual vocation, students undertaking practical training, volunteers, or those performing unpaid community work pursuant to an order of the court [s 19(2)].