Worker Screening Act 2020

The Regulator must—

arrange for a police record check to be conducted on an applicant for an NDIS check; and

arrange for a check of the NDIS worker screening database to be conducted in relation to the applicant.

In considering an application for an NDIS check, the Regulator may—

have regard to any notice given to the Regulator by, and make enquiries to, any disciplinary or regulatory entity; and

make any other enquiries to, or seek information on the application from, any person or source that the Regulator thinks fit, including but not limited to—

the Director of Public Prosecutions and any employee within the meaning of the Public Administration Act 2004; and

any authorised entity; and

the Disability Worker Registration Board; and

the Victorian Disability Worker Commission; and

the Victorian Disability Worker Commissioner; and

have regard to any information about the applicant obtained by the Regulator in the course of performing functions and exercising powers under the Social Services Regulation Act 2021, the Child Wellbeing and Safety Act 2005 or any other Act.

The Regulator may require the applicant to provide any further information that the Regulator thinks fit in the manner required by the Regulator within 28 days or any longer period that the Regulator determines.

Despite subsection (1), the Regulator is not required to arrange for the conduct of a police record check on an applicant if—

a check of a prescribed kind has previously been conducted on the applicant otherwise than under this Act; and

notice of the result of that check has been provided to the Regulator in accordance with the regulations.