Worker Screening Act 2020

An application for an NDIS check must—

be in the approved application form for an NDIS check; and

subject to subsection (3), be signed by the applicant; and

be accompanied by the approved identifying information; and

include the authorisations and consents referred to in subsection (2); and

be accompanied by the prescribed application fee; and

include any prescribed information.

An applicant for an NDIS check must—

authorise the conduct of a police record check on the applicant in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and

consent to enquiries being made about the applicant to any authorised entity or any disciplinary or regulatory entity in connection with the consideration of the application and, if an NDIS clearance is given, from time to time while that clearance remains in force; and

authorise the disclosure of any relevant information by an authorised entity or a disciplinary or regulatory entity for the purposes of the enquiries described in paragraph (b); and

consent to enquiries being made about the applicant in connection with the consideration of the application to the Secretary to the Department of Families, Fairness and Housing in relation to whether the applicant has been assessed as posing an unacceptable risk to persons with a disability or NDIS participants; and

authorise the disclosure of the outcome of the application to the NDIS Commission.

The Regulator must enable reasonable modifications to be made in relation to the requirement set out in subsection (1)(b) if the applicant has a disability that prevents the applicant signing an application.

Despite subsection (1)(c), the Regulator may consider an application that does not include all the approved identifying information.

If the Regulator receives an application that does not include all the information required by this section, the Regulator may require the applicant to provide the information, in the manner required by the Regulator, within 28 days or any longer period determined by the Regulator.

If an applicant has included approved identifying information for a previous application for an NDIS check completed within 5 years and 3 months before the current application, the Regulator may exempt the applicant from the requirement to provide approved identifying information under subsection (1)(c).