The screening unit must issue a NDIS worker check exclusion if the applicant for the check is a disqualified person or a risk assessment determines that an applicant poses a risk of harm to people with disability [s 18J]. An NDIS worker check exclusion must be by notice in writing, setting out the reason for an exclusion and any right to seek review of the decision [s 18L].

If the unit makes a decision on the basis of information that is classified as “protected information” by the Registrar or “criminal intelligence” by the Commissioner of Police, the unit is not required to provide reasons for the decision (other than it would be contrary to the public interest to allow the person to work with people with disability) [ss 18C(1) and 18D(2)].

"Protected information" is information which, if disclosed, may:

[s 18A].

Criminal intelligence may include information which could disclose a confidential source of information [s 18A]. Any argument heard by the Court in relation to criminal intelligence information must be on the application of the Commissioner of Police or Registrar, be held in private, and may be by way of affidavit [s 18D(3)].

How long does an NDIS Worker Clearance last for?

An NDIS worker check clearance generally last for 5 years [s 18P].

How long does an NDIS exclusion notice last?

An exclusion notice lasts for 5 years unless it has been issued to a disqualified person, in which case it is indefinite [s 18Q].