A person is a ‘disqualified person’ under the Act if they have been found guilty of a disqualification offence committed when they were an adult [s 18B(1)].
This does not include a finding that only the objective elements of the offence were established. However, these findings may ‘presumptively disqualify’ the person [s 18B (2) and (3)]. See 'Who is a presumptively disqualified person?'
If an applicant for an NDIS Worker check is a disqualified person, the screening unit must issue an NDIS Worker check exclusion notice [s 18J(1)(a)]. See ‘NDIS Worker Check - Exclusion Notice’
An exclusion notice issued to a disqualified person remains in force indefinitely [s 18Q].
Disqualifying offences
Some examples of disqualifying offences include:
A full list of disqualification offences is listed in Schedule 1 of the Disability Inclusion (NDIS Worker Check) Regulations 2020 (opens new window).
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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