1 July 2021

Provider Alert: NDIS Worker Screening Check and Database

There have been changes to the transitional and special arrangements in Western Australia for NDIS Worker Screening. This alert explains what this means for you, your workers and the people with disability you support. 

Key points

• In Western Australia (WA), the requirements for workers who are engaged in child-related work who are relying on a Working with Children Card as part of their acceptable check have changed.
• These workers must have been issued with the Working with Children Card prior to 1 July 2021, or have made an application for the Working with Children Card prior to 1 July 2021.
• Workers engaged in child-related work and who have not been issued with, or made an application for, the Working with Children Card by 1 July 2021 must apply for an NDIS worker screening check.

NDIS Worker Screening Check

Registered NDIS providers must ensure that key personnel and other workers in certain types of roles have a worker screening clearance that meets the requirements of the NDIS Practice Standards. In certain circumstances, some of the acceptable checks from the transitional period can continue to be relied on to meet the worker screening obligations. The circumstances are specified in the provisions that relate to the relevant state or territory in Part 4 of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018.

In WA the requirements for an acceptable check for those workers who are in a risk assessed role which involves child related work have changed. Workers are now required to have been issued with a Working with Children Card prior to 1 July 2021, or have made an application for a Working with Children Card prior to 1 July 2021.

A person will have an acceptable WA check when they meet all of the below requirements:

From 1 December 2020, all registered NDIS providers delivering supports and services in Western Australia must ensure that any person engaged in a risk assessed role:

• has gained a National Police Clearance (prior to 1 February 2021) which is:
  • less than 3 years old for workers who commenced their employment with the registered NDIS provider prior to 1 December 2020; and
  • less than 12 months old for workers who commenced their employment with the registered NDIS provider between 1 December 2020 and 1 February 2021.
• has no convictions on that National Police Check (NPC) for a “relevant offence” committed as an adult.
  • ‘Relevant offences’ include certain violent or sexual offences set out in section 29A of the Worker Screening Rules.
  • After 1 February 2021, any conviction for a Class 1 or Class 2 offence within the meaning of the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA) , committed as an adult, is a relevant offence.
• has no convictions subsequent to that NPC that their employer is aware of, for a “relevant offence” committed as an adult.

• if the risk assessed role involves child-related work within the meaning of the Working with Children (Criminal Record Checking) Act 2004 - has a Working with Children:
  • pending application made prior to 1 July 2021 and has not been issued with an interim negative notice; or
  • valid assessment notice issued:
    • prior to 1 July 2021 or
    • after 1 July 2021 in response to an application made prior to 1 July 2021.

If the person is engaged in a risk assessed role that involves child-related work, they must meet all of the requirements listed above e.g. a National Police Check and a Working with Children Check.

A person engaged in a risk assessed role by a registered NDIS provider before 1 February 2021 and that met these requirements may continue to work without making an application for an NDIS Clearance until their acceptable WA check expires, or until 1 February 2023 – whichever is sooner.

More information and resources

For more information about the acceptable checks under the transitional and special arrangements in Western Australia, visit our website or view the transitional arrangements table.

Contact us

Call: 1800 035 544 (free call from landlines). Our contact centre is open 9.00am to 5.00pm (9.00am 4.30pm in the NT) Monday to Friday, excluding public holidays.

Email:  nwsd@ndiscommission.gov.au

Website: www.ndiscommission.gov.au