Requesting a review

The following decisions can be reviewed:

• A decision to issue an exclusion
• A decision to issue an interim bar or suspension, after it has been in place for more than 6 months
• A decision to cancel an application or clearance

The following cannot be reviewed:

• A decision to issue an exclusion because of a disqualifying offence
• A decision to issue an exclusion where there are pending criminal proceedings for a presumptively disqualifying or disqualifying offence
• A decision to issue an interim bar or suspension, if it has been in place for less than 6 months
• A decision to cancel an application because it is invalid
• If we have not yet made a decision about your NDIS Worker Check

You first need to apply for an 'internal review' of your eligible decision. Following this, if you are still unsatisfied with the outcome, you can then apply for an 'external review'.

If you wish to have your eligible decision reviewed, you can apply for an internal review. An internal review is a review by us. It will be conducted by someone independent of the original decision.

You must lodge an application for internal review:

• within 28 days of the decision (unless we give permission for a review outside this time frame)
• more than 6 months after the decision to impose an interim bar or suspension was made
• online via your MyServiceNSW account and pay the fee ($20).

An internal review usually involves:

• the reviewer looking at all information that is already available
• the reviewer asking you to provide any new or additional information that you consider is relevant and should be considered
• the reviewer making a new decision (this may be the same or different to the original decision).

After an internal review has been completed, if you're still not satisfied with the outcome, you can apply to the NSW Civil and Administrative Tribunal for an external review.

Visit the NSW Civil and Administrative Tribunal website for more information and to apply for an external review.

If you currently have an NDIS Worker Check exclusion, you can make an ‘early application’ if there has been a relevant change of circumstances. However, those circumstances must have been the basis for the original decision (exclusion).

A relevant change of circumstance could include:

• the criminal proceedings against you (such as a criminal charge) have been withdrawn or completed without a conviction
• a finding of guilt for a criminal offence (such as a court conviction) has been quashed or set aside
• any other change that means the basis for the finding of risk in the original exclusion decision has ceased to have effect.

You will know if a criminal or other record was the basis for the exclusion decision. This will have been outlined in the exclusion notification we sent you.

To make an early application when there has been a relevant change of circumstances, you reapply online through your MyServiceNSW account. 

An early application does not mean you will necessarily receive a clearance. A risk assessment will likely be undertaken. You may still receive an exclusion.

Before you make an early application, contact us by email to confirm you are eligible.

Email: contact@ndiswc.nsw.gov.au