Aged Care Act 2024

The Commissioner must establish, operate and maintain a database for the purposes of this Act, to be known as the aged care worker screening database.

The aged care worker screening database must be kept in electronic form.

The purposes of the aged care worker screening database are the following:

to maintain, for the purposes of this Act, an up‑to‑date record of persons who, under decisions made under aged care worker screening laws, have been found, in working, or seeking to work, with individuals accessing funded aged care services not to pose a risk, or to pose a risk, to such individuals;

in relation to persons covered by paragraph (a)—to maintain an up‑to‑date record of other decisions that relate to the decisions covered by that paragraph;

to share information in the database:

with registered providers that are employers or potential employers of persons; and

with persons or bodies (whether the persons or bodies are registered providers or not) for the purposes of this Act or for the purposes of those persons or bodies facilitating the employment, engagement or training of other persons to work with individuals accessing funded aged care services; and

with the Commissioner of the NDIS Quality and Safeguards Commission for the purposes of that Commissioner performing that Commissioner’s functions; and

with the Chief Executive Officer of the National Disability Insurance Agency for the purposes of performing the functions of the Agency; and

with persons or bodies (including employers and potential employers) for the purposes of the National Disability Insurance Scheme;

any other purpose prescribed by the rules.

Paragraphs (3)(a) to (c) do not limit paragraph (3)(d).

The aged care worker screening database may include the following information for the purposes of subsection (3):

information relating to persons (each of whom is a screening applicant) who have made applications (each of which is a screening application) for an aged care worker screening check and information relating to those applications;

information relating to each screening applicant in respect of whom a screening application is no longer being considered and the reasons for this;

information relating to each screening applicant in respect of whom a decision (a clearance decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with individuals accessing funded aged care services does not pose a risk to such individuals and information relating to the decision;

information relating to any decisions made under an aged care worker screening law, in relation to each screening applicant, while the screening applicant’s application is pending;

information relating to each screening applicant in respect of whom a decision (an exclusion decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with individuals accessing funded aged care services does pose a risk to such individuals and information relating to the decision;

if a clearance decision or an exclusion decision specifies the period for which the decision is in force—information setting out that period;

information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, suspending a clearance decision has been made and information relating to the suspension;

information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, revoking a clearance decision or an exclusion decision has been made and information relating to the revocation;

information relating to persons or bodies (whether the persons or bodies are registered providers or not) that employ, engage or train, or propose to employ, engage or train, persons who have made screening applications;

any other information prescribed by the rules.

Paragraphs (5)(a) to (i) do not limit paragraph (5)(j).

The aged care worker screening database may also include the following information:

information relating to persons (each of whom is a screening applicant) who:

have made applications (each of which is a screening application) for an NDIS worker screening check (within the meaning of the NDIS Act); and

are identified (in screening applications or otherwise) as seeking to work with individuals accessing funded aged care services;

information relating to each screening applicant in respect of whom a screening application is no longer being considered and the reasons for this;

information relating to each screening applicant in respect of whom a decision (a clearance decision) (however described) is in force, under an NDIS worker screening law, to the effect that the person, in working, or seeking to work, with people with disability does not pose a risk to such people and information relating to the decision;

information relating to any decisions made under an NDIS worker screening law, in relation to each screening applicant, while the screening applicant’s application is pending;

information relating to each screening applicant in respect of whom a decision (an exclusion decision) (however described) is in force, under an NDIS worker screening law, to the effect that the person, in working, or seeking to work, with people with disability does pose a risk to such people and information relating to the decision;

if a clearance decision or an exclusion decision specifies the period for which the decision is in force—information setting out that period;

information relating to each person in respect of whom a decision (however described), under an NDIS worker screening law, suspending a clearance decision has been made and information relating to the suspension;

information relating to each person in respect of whom a decision (however described), under an NDIS worker screening law, revoking a clearance decision or an exclusion decision has been made and information relating to the revocation;

information relating to employers or potential employers of persons who have made screening applications.

The information included under paragraphs (5)(a) to (j) and (7)(a) to (i) may include personal information.

The aged care worker screening database is not a legislative instrument.