Application for NDIS Worker Check Clearance

Application for NDIS Worker Check Clearance

Part 5A of the Disability Inclusion Act 2018 (SA) sets out the process for screening of NDIS workers who engage in NDIS work.

NDIS work means work that is undertaken as part of, or in connection to providing support and services to people with disability under the National Disability Insurance Scheme [s 18A]. People who engage in NDIS work as a volunteer on their own will be regarded as being self-employed as a volunteer under the Act [s 18A(6)(b)].

Who may apply for NDIS Worker Check Clearance?

A person may apply to the central assessment unit for a clearance check to be an NDIS worker. The person applying must:

reside in, or intend to reside in South Australia;
undertake, or intend to undertake NDIS work in South Australia.

[s 18G(2)]

If the applicant is unable to meet the requirements under s 18G(2) than the application may not be accepted for assessment.

An application for an NDIS Worker Check clearance must be made in the manner and form approved by the central assessment unit, include any information required by the central assessment unit, be accompanied by proof of identity, and include payment of the prescribed fee(if applicable) [s 18G (3)].

The NDIS Worker Check Clearance is mandatory for NDIS workers who work for Registered NDIS Providers. Unregistered NDIS Providers can ask their workers to have an NDIS Worker Check clearance, but it is not a requirement.

Information about the specific manner and form that applications for NDIS Worker check clearance must adhere to is available on the Department of Human Services – Screening Unit website (opens new window).

Can an applicant withdraw an application for an NDIS Worker Clearance check?

A person can withdraw their application for an NDIS Worker clearance at any time by notifying the screening unit in writing. The screening unit must consent to the withdrawal of the application unless:

the applicant holds a current clearance that is under suspension;
the applicant’s most recent clearance was cancelled under Part 5A of the Act (or a corresponding law);
the screening unit has (or is proposing to) notify the applicant that it proposes to issue an NDIS Worker Check exclusion to applicant, but that the decision has not yet been made;
the screening unit 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 people with disability.

[s 18G(7)].

Is a fee payable?

If a clearance is granted to a person and that person satisfies the central assessment unit that they are a volunteer, no fee for the clearance is payable.

However, a fee is payable for an NDIS worker clearance check where the person is not, or is no longer a volunteer. A person ceases to be a volunteer if they undertake paid work other than as a volunteer for 7 days or more in a calendar year [s 18ZJ].

People not permitted to apply for NDIS Worker Check Clearance

A person cannot apply for NDIS worker clearance if the person:

already has an application for a clearance check that is pending;
holds a current clearance under the Act (or a corresponding law), unless the application is made no more than 3 months before the current clearance is due to expire;
is subject to a ban from applying for an NDIS worker clearance under the Act. See ‘NDIS Worker Check - Exclusion Notice’ and ‘Who is a disqualified person?’;
has had a clearance cancelled under the provisions of the Act and is banned from applying for a clearance for 5 years following the cancellation, except where:
- the cancellation was at the request of the person;
- the cancellation was based on an assessment that the person would not be engaging in NDIS work [s 18S(2)]; or
- the cancellation was due to the applicant’s failure to provide requested information in time [s 18W(2)];
- there has been a relevant change in circumstances [s 18H(3)(c)]. A relevant change in circumstances includes that the proceedings for an offence are withdrawn or no finding of guilt was made, a finding of guilt for an offence was later quashed or set aside, or a determination in relation to risk assessment was later set aside, and any other circumstances that the screening authority considers relevant [s 18H(4)].

Application for NDIS Worker Check Clearance : Last Revised: Tue Feb 2nd 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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