National Disability Insurance Scheme Act 2013

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

As subsection (1) confers a function on the Commissioner, section 55A allows the Commissioner to gather information for inclusion in the database.

The NDIS worker screening database must be kept in electronic form.

The purposes of the NDIS worker screening database are the following:

to maintain, for the purposes of the National Disability Insurance Scheme, an up‑to‑date record of persons who, under decisions made under NDIS worker screening laws, have been found, in working, or seeking to work, with people with disability not to pose a risk, or to pose a risk, to such people;

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

with the Commissioner of the Aged Care Quality and Safety Commission for the purposes of assisting the Commissioner to perform the Commissioner’s functions or exercise the Commissioner’s powers; or

with registered aged care providers that are employers, or potential employers, of persons; or

with persons or bodies (whether the persons or bodies are registered aged care providers or not) for the purposes of the Aged Care Act 2024 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;

any other purpose determined in an instrument under subsection (8).

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

The NDIS 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 NDIS 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 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;

any other information determined in an instrument under subsection (8).

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

The NDIS 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 aged care worker screening check; and

are identified (in screening applications or otherwise) as seeking to work with people with disability;

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 employers or potential employers of persons who have made screening applications.

The information included under paragraphs (5)(a) to (j) and (6A)(a) to (i) may include personal information (within the meaning of the Privacy Act 1988).

The Minister may, by legislative instrument, do either or both of the following:

determine a purpose for the purposes of paragraph (3)(d);

determine information for the purposes of paragraph (5)(j).

Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

The NDIS worker screening database is not a legislative instrument.