19 October 2021

Provider alert: Supervision requirement for workers that can ‘work on application’

In some states or territories a registered NDIS provider may allow a worker to ‘work on application’, which means the worker can begin working in a risk assessed role after they apply for a NDIS Worker Screening Check but before they have been granted a clearance. Appropriate safeguards must be in place for workers who work on application.  A fact sheet is now available which describes the work on application arrangements including what supervision arrangements must be in place.

Key points

• Workers in New South Wales (NSW), Western Australia (WA), Tasmania (TAS), the Australian Capital Territory (ACT) and the Northern Territory (NT) can work on application. 
• Workers in Queensland (QLD), Victoria (VIC) and South Australia (SA) cannot work on application.
• Work on application means a registered NDIS provider may allow a worker to begin working before their NDIS Worker Screening Check application is decided, provided that the worker is in the process of obtaining a clearance (i.e. they must have submitted a complete application), and the worker is supervised, and the registered NDIS provider has a risk management plan in place.
• In the states and territories where workers can work on an application, the registered NDIS provider must ensure that the worker is supervised by a person with an NDIS Worker Screening Clearance.
• A fact sheet is now available which describes the work on application arrangements including what supervision arrangements must be in place.
• The relevant arrangements in each state and territory are set out in this table.

What does ‘in the process of obtaining a clearance’ mean?

For a registered NDIS provider to be satisfied a worker is ‘in the process of obtaining a clearance’ the worker must have submitted an application for an NDIS Worker Screening Check and:

• the relevant Worker Screening Unit has issued a notice in writing to the applicant confirming that the application has been made; and
• the notice has been seen and recorded by the registered NDIS provider engaging them; and
• the registered NDIS provider has verified the worker in the NDIS Worker Screening Database.

Supervision requirement

In the states and territories where workers can work on an application, the registered NDIS provider must ensure that the worker is supervised by a person with an NDIS Worker Screening Clearance.

In the ACT and TAS the worker must be supervised by a person with an NDIS Worker Screening Clearance who is present at all times while the person engages in regulated activity. 

In the NT the worker must be ‘supervised’ by a person with an NDIS Worker Screening Clearance.

In NSW and WA the worker must be ‘appropriately supervised' by a person with an NDIS Worker Screening Clearance.

The registered NDIS provider must determine what ‘supervision’ means for their organisation, and consider those arrangements in terms of the risk management plan that is developed and implemented.

Supervision in ACT, TAS, NSW, WA and the NT

Supervision is not defined in the Worker Screening Rules or in the various State/Territory worker screening laws as it is intended that the registered NDIS provider will consider and implement supervision arrangements that support the delivery of NDIS services in a safe and competent manner, and that are appropriate for the size and nature of the organisation. Supervision may range from a worker periodically checking in with a supervisor, to the worker being supervised by a person present at all times, based on a risk assessment of the arrangement.

For example, if the registered NDIS provider is delivering therapeutic services in-person with a parent or guardian present and by workers who hold criminal record checks that show no identifying criminal history within the past two years, the registered provider may implement a risk management plan involving periodic supervision of the workers. Such periodic supervision may include checking in with a supervisor twice a week to provide a report on the sessions conducted and reviewing the shift/session notes. The supervisor may also call the client for feedback on the quality of the service.

Another example is, if a registered NDIS provider determines as a result of their background checks on the worker or visibility of previously valid acceptable checks, that it is appropriate for a worker to continue providing one on one supports to a person with disability in their home, then supervision may be delivered through requiring a colleague who has an NDIS Worker Screening Clearance to attend the client’s home with the worker. The colleague does not have to be a senior member of staff, but they do need to have a NDIS Worker Screening Clearance. This arrangement requires the colleague to report back to a supervisor about the performance of the worker who they have accompanied and raise and act on any concerns identified.

What needs to be included in a risk management plan?

Registered NDIS providers must develop and maintain a risk management plan for all workers in risk assessed roles, including those that work on application. The requirements of the risk management plan are set out in Section 12 of the Worker Screening Rules.

The risk management plan must identify and describe each risk to a person with disability that the registered NDIS provider provides supports or services to and explain how each risk will be managed.

The risk management plan should document the arrangements in place to appropriately supervise workers that work on application.

More information and resources

More information about the Worker Screening Check, including a number of fact sheets, flowcharts, and quick reference guides, is available on the NDIS Commission website.

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