NDIS Worker Screening

From 1 July 2019, there will be new worker screening requirements for people delivering NDIS services.

A new NDIS Worker Check will be introduced in NSW from 1 July 2019. Until then, transitional NDIS worker screening arrangements are in place in NSW.

Under the quality and safeguards arrangements for the NDIS, the roles and responsibilities for worker screening have changed in the following ways:

  • The NDIS Quality and Safeguards Commission is responsible for national worker screening policy and design, and for ensuring providers comply with worker screening requirements.
  • Providers should familiarise themselves with the requirements set out in the National Disability Insurance Scheme Act 2013 (Commonwealth) and the related National Disability Insurance Scheme (Practice Standards-Worker Screening) Rules 2018.
  • Providers are responsible for determining which of their workers need a clearance, making sure they obtain a clearance and record keeping in relation to this.
  • NSW will undertake the screening of those workers that need a clearance once the new NDIS Worker Check comes into effect from 1 July 2019. More detail about the new check and the process for phasing providers into this will be available closer to the time.
Who needs to get a clearance?

Workers in a ‘risk assessed’ role must have a clearance (or make an application for a clearance) before they can start work.

Disability service providers are responsible for determining which roles in their organisation are a risk assessed role. This includes:

  • Key personnel in an organisation.
  • A role whose normal duties includes the direct delivery of a specified support or service.
  • A role in which the normal duties are likely to involve more than incidental contact with a person with disability. More than incidental contact includes:
      • Physical contact.
      • Building a level of rapport with the person with disability as an integral or ordinary part of duties.
      • Having contact with multiple people with disability, either as part of the direct delivery of a specialist disability support or service, or in a specialist disability accommodation setting.

NDIS Worker Screening Fact Sheet

EASY READING – NDIS Worker Screening Fact Sheet

The below information about Worker screening is provided by the NDIS Quality and Safeguards Commission and may be subject to change.

What is worker screening?

The responsibility for providing a safe environment for people with disability rests with employers.

Worker screening is a way to check that the people who are working or wish to work with the NDIS don’t present an unacceptable risk to people with disability. It provides employers with an important tool for their recruitment, selection and screening processes, and in the ongoing review of the suitability of their workers.

As a part of the National Disability Insurance Scheme Quality and Safeguarding Framework, the Commonwealth, most states and territories will implement nationally consistent worker screening arrangements from 1 July 2019. New South Wales and South Australian providers who have been required to comply with the NDIS quality and safeguards arrangements since 1 July 2018, have interim arrangements in place for worker screening based on their existing worker screening arrangements. These will continue until the new NDIS Worker Screening Check commences on 1 July 2019.

Worker screening is only one of a range of strategies that providers need to put in place to identify and minimise risk of harm to people with disability. Providers are also responsible for promoting positive organisational cultures that do not tolerate abuse, neglect or exploitation, ensuring quality recruitment, selection and screening, and maintaining a focus on education and training for your workers.

Identify which roles and jobs need a check

Registered NDIS providers are required to ensure that workers in NSW have a state-based check if they are in a risk assessed role.

Risk assessed roles are:

  • key personnel roles
  • roles for which the normal duties include the direct delivery of specified supports or specified services to a person with disability
  • roles for which the normal duties are likely to require more than incidental contact with people with disability.  Contact includes physical contact, face-to-face contact, oral communication, written communication and electronic communication.

This may be different to the requirements previously set by state or territory governments to allow people to work in the disability sector. This means it is important providers assess each role in their organisation against the new requirements, to identify which roles require worker screening, and to keep and maintain a written list of risk assessed roles and workers undertaking these roles.

The normal duties of a role are likely to require more than incidental contact with a person with a disability if those duties include:

  • Physically touching a person with disability, or
  • Building a rapport with a person with disability as an integral and ordinary part of the performance of those duties; or
  • Having contact with multiple people with disability –
      • As part of the direct delivery of a specialist disability support or service, or
      • In a specialist disability accommodation setting.

Workers who do not have more than incidental contact with people with disability as a normal part of their jobs—such as administrative support staff—will not be required by the NDIS Commission to have a clearance, but you may choose to have those workers screened.

Exemptions

Secondary school students on a formal work experience placement do not need to go through a check to work with people with disability in the NDIS, provided they are directly supervised by another worker who has a clearance.

Engaging people in risk assessed roles

Registered NDIS providers must ensure that workers engaged in risk assessed roles have gone through a check and hold an appropriate clearance. Providers must be familiar with existing worker screening check requirements in their state and/or territory, and what transition arrangements will be in place for their jurisdiction from 1 July 2019.

Engaging workers that do not have an appropriate clearance in these roles could be a breach of registration conditions. It may also be an offence under state and territory legislation for workers to work without a clearance if their role requires a clearance.

Acceptable checks in New South Wales

For providers registered in New South Wales, any worker engaged in a risk assessed role must have:

  • a criminal record check done before 1 July 2018 and within the past four years showing the person did not have a conviction for a prescribed criminal offence, or
  • a criminal record check done between 1 July 2018 and 30 June 2019 and within the past two years showing the person did not have a conviction for a prescribed criminal offence, or
  • a current New South Wales Working with Children Check clearance for those providing services to children in the NDIS.
  • There are a range of organisations providing criminal record checking services, and providers can choose how to obtain a criminal record check. Individuals can also apply for their own criminal record check through the New South Wales Police Force.

Providers will need to register with the New South Wales Office of the Children’s Guardian to verify the status of a worker’s Working with Children Check or the status of their application for a Working with Children Check online. More information about the New South Wales Working with Children Check, including information about who is eligible and how to apply, can be found at the New South Wales Office of the Children’s Guardian.

Engaging someone to work before they have a Check

Depending on the laws in your state or territory, a person may begin working in a risk assessed role once they have submitted an application for an NDIS Worker Screening Check or an acceptable state-based check.

If the laws of your state or territory permit you to engage someone in a risk assessed role after submitting an application and before a clearance has been issued, and you engage someone before a final decision has been made about their clearance, you must have appropriate safeguards in place.  These include:

  • developing a written risk management plan for safeguarding people with disability while a worker is in the process of obtaining a clearance
  • checking that there are no circumstances that would prevent the person from working with people with disability, such as being subject to an interim bar or that their application has been closed or withdrawn
  • checking that the person was not excluded or their clearance revoked on the most recent occasion that they were assessed by an NDIS worker screening unit
  • arranging for the person to be supervised by someone who has a clearance
  • sighting a notice from an NDIS worker screening unit confirming that an application

Record keeping

Registered NDIS providers are required to maintain a written list of risk assessed roles in their organisation. This list needs to include:

  • the title or another organisational identifier that you use for that role and a description of the role
  • the reasons why the role is a risk assessed role
  • the date the role was assessed and the name and title of the person who made the assessment

Registered NDIS providers are required to maintain a written list of all workers who engage in risk assessed roles.  The list needs to include:

  • the name, date of birth and address of the worker
  • the risk assessed role in which the worker engages
  • whether or not the worker is eligible for an exemption, the start and end date of the exemption and the name of the worker’s supervisor during this period
  • the worker’s application number or check number and outcome expiry date
  • records relating to an interim bar, suspension, exclusion or any action taken by the provider in relation to those decisions
  • allegations of misconduct against a worker with a clearance and the action taken by the provider in response to that allegation.

It is important to keep these lists up to date. Records must be kept for seven years from the date the record was made. Records should be kept in an organised, accessible and legible manner. It is important that these records are kept in a way that would allow you, the NDIS Commission or a quality auditor to know which workers were engaged in a risk assessed role on any given day in the past seven years.

Engaging contractors

There are additional responsibilities and obligations for NDIS providers who engage another organisation (a contractor) to perform work on their premises or otherwise as part of their provision of supports and services in the NDIS. This is because the NDIS provider and the contractor need to work together to ensure the workers of a contractor are appropriately screened.

You must:

  • identify to the contractor each risk assessed role that the worker of the contractor engages in
  • take reasonable steps to satisfy yourself that the worker of the contractor has a clearance or an acceptable state-based check
  • make sure your contract with the contractor requires them to:
      • only allow a worker who has a clearance or is subject to an exemption to work in a risk assessed role
      • only allow someone to work in a risk assessed role if the contractor is allowed to share information with you about any matter relating to whether that person be engaged in a risk assessed role, such as whether they are subject to an interim bar, suspension, or exclusion
      • cooperate with any reasonable request to assist you in investigating a complaint or a reportable incident involving their worker who is engaged a risk assessed role
      • cooperate with any reasonable request from you for information relating to whether and how it is complying with its obligations under the contract
      • impose these obligations on any other party with whom the contractor enters into an arrangement involving or allowing for the provision of services by another worker to you

A National Clearance Database is coming

The NDIS Commission is working with state and territory governments to develop a National Clearance Database to support the new NDIS Worker Screening Check. It will:

  • have a register of cleared and excluded workers from all states and territories to enable national portability of clearances
  • support national ongoing monitoring of the criminal history records of workers with clearances
  • mean employers across the country can go to one place to sponsor applications and verify the clearances of prospective workers, without needing to contact individual states and territories’ worker screening units
  • help providers with record keeping requirements.

The national database will be available from 1 July 2019, when the NDIS Worker Screening Check is available in most jurisdictions.