Criminal history and other records

After you’ve completed the 3-step application process, your application will be assessed. We will obtain and review any relevant records, including (if applicable): 

• national criminal records
• workplace misconduct records held by the NDIS Quality and Safeguards Commission
• the outcome of any previous NDIS worker screening application within Australia

If you do not have any records, once this has been confirmed, you should receive a clearance quickly.

If you have a conviction for a disqualifying offence (see below), and you were 18 years or older at the time of the offence, you'll be issued an exclusion.

If you have any other criminal, workplace misconduct or other records, you may be subject to a risk assessment (see below).

If there are records of concern in your history, an interim bar may be applied. This prevents you from working in roles that require a clearance while your application is being assessed.

You and your employer will be notified when an interim bar is applied or a final decision (clearance or exclusion) is made about your application.

Your employer should not ask you for a copy of your clearance. They must check the status of your NDIS Worker Check via the NDIS Worker Screening Database portal.

If they have any questions about how to do this, they need to contact the NDIS Quality and Safeguards Commission.

Your full criminal history is reviewed. This includes:

• charges, whether or not heard, proven, dismissed, withdrawn or discharged
• convictions, including those that have been quashed, set aside, or pardoned
• spent convictions
• juvenile criminal records

Workplace misconduct records held by the NDIS Quality and Safeguards Commission are also reviewed. This includes workplace investigations into misconduct such as assault, fraud, sexual misconduct, abuse and neglect. 

You are a disqualified person if:

• you have a conviction for a disqualifying offence, and
• you were 18 years or older at the time of the offence.

If you are a disqualified person, you will be issued an exclusion.

Disqualifying offences include:

• Murder, attempted murder, and genocide
• Child abuse material (sexual or physical), child pornography, child prostitution offences
• Sexual assault offences committed against a child or vulnerable adult. This includes assault with sexual intent, and sexual offences resulting in physical harm
• Other sexual offences committed against a child under the age of 14 years, a child who is more than 5 years younger than the offender, or a vulnerable adult. This includes sexual touching, carnal knowledge, indecent acts, indecent assault, inciting sexual acts, and sexual intercourse with a person under the age of consent
• Offences involving intentional harmful conduct resulting in the death of, or serious physical harm to, a child or vulnerable adult. This includes poisoning, arson, detonation of explosives, contamination of goods, discharge of firearms, organ trafficking, people smuggling, and female genital mutilation
• Serious violence offences (such as torture, strangulation and choking) committed against a child or vulnerable adult
• Kidnapping offences committed against a child or vulnerable adult who is not a familial relative of the offender
• Bestiality

You are a presumptively disqualified person if:

• you have a pending charge for a disqualifying offence (see above), or
• you have a conviction or pending charge for a presumptively disqualifying offence, and
• you were 18 years or older at the time of the offence

If you are a presumptively disqualified person, you are presumed to pose a risk of harm to people with disability. You will be subject to a risk assessment.

Presumptively disqualifying offences include:

• Manslaughter
• National security offences including war crimes, crimes against humanity, and treason
• Sexual assault offences committed against a non-vulnerable adult. This includes assault with sexual intent and sexual offences resulting in physical harm
• Other sexual offences committed against a child over the age of 14 years who is less than 5 years younger than the offender. This includes sexual touching, carnal knowledge, indecent acts, indecent assault, inciting sexual acts, and sexual intercourse with a person under the age of consent
• Offences involving intimate images, filming, or observation of a child or vulnerable adult
• Wilful and obscene exposure offences committed against a child or vulnerable adult
• Offences involving intentional harmful conduct resulting in the death of, or serious physical harm to, a non-vulnerable adult. This includes poisoning, arson, detonation of explosives, contamination of goods, discharge of firearms, organ trafficking, people smuggling, and female genital mutilation
• Serious violence offences (such as torture, strangulation, and choking) committed against a non-vulnerable adult
• Kidnapping offences committed against a child or vulnerable adult who is a familial relative of the offender, or a non-vulnerable adult
• Drug offences involving either a commercial quantity of illicit substances, or children, or vulnerable adults
• Animal cruelty offences involving intentional or reckless infliction of harm, injury, wounding, or suffering
• Fraud and deception offences committed against a child or vulnerable adult
• Neglect offences committed against a person who is under the care of the offender

All other relevant information about you will be reviewed and, if appropriate, referred for risk assessment. This can result in a clearance or an exclusion. Other information includes:

• disqualifying offences and presumptively disqualifying offences that were committed as a juvenile (under 18 years)
• any other criminal offences that are not disqualifying or presumptively disqualifying offences
• convictions that have been quashed or set aside or for which a pardon has been granted
• workplace misconduct records from the NDIS Quality and Safeguards Commission
• child protection records
• any other information relevant to assessing risk of harm to people with disability.

In the online application, you must disclose any incidents in your history in relation to:

• negative outcomes for worker screening
• criminal offences committed outside of Australia
• child protection matters
• workplace misconduct.

We call these ‘self-disclosure’ questions. 

If you answered ‘Yes or I'm not sure’ to any of these self-disclosure questions, we will also ask you via email to provide information about them. It is an offence to provide false or misleading information.

Your response to us should generally include:

• a chronology of the events leading up to and during any incident
• any circumstances at the time which contributed to, or your reasons for, your actions
• anything else you think is relevant for us to consider about the incident

Self-disclosure question - worker screening outcomes

You must select ‘Yes or I'm not sure’ if you have ever had a negative decision made in relation to a worker screening check.

This includes if you have ever been refused, barred, excluded, cancelled, suspended, disqualified, or had any other worker screening check outcome that prevents you from working with people with disability, children, or vulnerable people.

This includes for an NDIS worker screening check, working with children check, working with vulnerable people check, or any other form of worker screening check or registration for working with people with disability, children or vulnerable people.

This includes in any state or territory in Australia.

Self-disclosure question - international criminal offences

You must select ‘Yes or I'm not sure’ if you have ever been charged (regardless of outcome) with any of the following serious offences (or similar) in a country other than Australia.

• Murder, attempted murder, or manslaughter
• Assault causing serious harm, injury, or wounding (including in combination with any other offences, such as robbery or theft)
• Rape, sexual assault, indecent acts, incest, bestiality, or other sexual offences
• Sex or sexual activity with a child or a vulnerable person
• Grooming or procuring a child or vulnerable person for any form of sexual activity (whether intended or committed)
• Any offences involving child abuse material (child pornography)
• Abduction, kidnapping, human trafficking, or slavery
• Drug trafficking, manufacture, or distribution
• Any drug offences involving a child
• Neglect or ill-treatment of a child or vulnerable person
• Fraud, deception, or forgery
• Treason, treachery, terrorism, genocide, mutiny or espionage
• Animal cruelty involving intentional or reckless infliction of harm, injury, wounding, or suffering

Self-disclosure question - child protection

You must select ‘Yes or I'm not sure’ if you have ever been subject to a child protection allegation, report, review, investigation, or Order.

This includes any form of alleged abuse, neglect, ill-treatment, or harm of a child by you, regardless of the findings or outcome.

This includes whether or not it resulted in an Order, restrictions regarding your contact with a particular child or other children, or the removal of a child or children from your care.

This includes in any state or territory in Australia.

Self-disclosure question - workplace misconduct

You must select ‘Yes or I'm not sure’ if you have ever been the subject of an investigation, review or report in relation to workplace misconduct by you in relation to:

• violent behaviour, assault, or any other physical harm
• indecent or sexual behaviour or misconduct
• fraud, deception, or theft
• failing to provide (or abandoning) care to a child, vulnerable person or any person under your care
• harm, ill-treatment, or neglect of a child, vulnerable person or any person under your care
• any other conduct concerning a child or vulnerable person

This includes in any state or territory in Australia.

If you believe the information we have about a record or your history is incorrect, or a decision has been made based on incorrect information, let us know.

If the information about you is incorrect, once your record(s) have been corrected with the originating agency, the decision can be reassessed.

We will provide you with more information about how this can be done and what is required at the time, if it applies to you.

To let us know of an error, send us an email.

Email: contact@ndiswc.nsw.gov.au