17 June 2021

Recognition of NDIS worker screening clearances in the aged care sector

NDIS worker screening clearances are now recognised in the aged care sector. This alert explains what this means for all registered NDIS providers ­– whether or not you are also an aged care provider.

Key points

• From 16 June 2021, NDIS worker screening clearances are now recognised in the aged care sector.
• Aged care providers that are also registered NDIS providers can now accept an NDIS worker screening clearance for workers in risk assessed roles that support NDIS participants.
• Registered NDIS providers may be asked by aged care providers to verify the NDIS worker clearance status of current or previous workers.

Change to aged care legislation

On 15 June 2021, the Aged Care Legislation Amendment (Requirements for Staff Members and Volunteers) Instrument 2021 (Cth) was registered, providing for the recognition of NDIS worker screening clearances in the aged care sector.

This means that from 16 June 2021, an NDIS worker screening clearance allows aged care providers to satisfy the requirements for aged care staff and volunteers under the aged care legislations.

These changes help aged care providers that are also registered NDIS providers and their workers who are in risk assessed roles. The changes may also affect aged care providers that are not registered NDIS providers if a new worker already holds an NDIS worker screening clearance.

What this means for registered NDIS providers that are also aged care providers

These changes remove the dual screening obligations for workers in the aged care and disability sectors, creating an alternative pathway for you to meet the requirements for staff and volunteers under the aged care legislations. This applies if your worker needs an NDIS worker screening clearance for a risk assessed role, or already has an NDIS Worker Screening clearance that is current and less than five years old.

Residential aged care providers that automatically became registered NDIS providers on 1 December 2020 can accept the following for workers in risk assessed roles supporting NDIS participants:

• NDIS worker screening clearance,
• police certificate, if it was issued before 1 February 2021 and is still current, or
• clearance that meets state or territory transitional and special arrangements.

For all other workers, you should continue to ask for a police certificate unless they hold an existing NDIS worker screening clearance.

If you are unsure whether your workers supporting NDIS participants are in a risk assessed role, and should get an NDIS Worker screening clearance, please contact us on 1800 035 544 or at nwsd@ndiscommission.gov.au.

What this means for registered NDIS providers that are also aged care providers

If an aged care provider engages (or is looking to engage) one of your current or previous workers, they may ask you to verify that worker’s NDIS worker screening clearance status. This means you may need to verify that the worker either:

• held an NDIS worker screening clearance when you employed or otherwise engaged them, or
• holds an NDIS worker screening clearance, if you currently employ or otherwise engage them.

Before you verify this, you should ensure that the aged care provider has the worker’s consent to contact you and request this information.

Under section 18 of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018, registered NDIS providers are required to keep records about workers. This includes, for workers engaged in risk assessed roles, their NDIS worker screening check outcome and any expiry date for that outcome. You should rely on these records when verifying an NDIS worker screening clearance for an aged care provider.

Contact us

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

Email: contactcentre@ndiscommission.gov.au

Website: www.ndiscommission.gov.au