Risk assessment

Some people who apply for an NDIS Worker Check may be subject to a risk assessment. We may undertake a risk assessment as required or permitted under section 14 of the National Disability Insurance Scheme (Worker Checks) Act 2018.

A risk assessment can be of a person that is applying or is an existing clearance holder. A risk assessment is required:

• if the person (applicant or holder) is a presumptively disqualified person
• in circumstances prescribed by the Regulations (legislation)
• in such other circumstances we may determine, either generally or in a particular case.

Unfortunately, we cannot give a date by when we will finalise a risk assessment. This is because we rely on applicants and other agencies to provide information, the need to review and consider the information with the appropriate diligence, and that it can lead to further requests for information as we undertake the assessment. 

About risk assessment

A risk assessment is an assessment of a person’s history to determine whether they pose a risk of harm to people with disability.

A risk assessment looks at a person's criminal records, workplace misconduct records, and any other relevant information.

A risk assessment can be undertaken at the time of application or any time after a clearance has been issued.

A risk assessment will usually involve gathering information from other sources, such as police, courts, government agencies or employers. This can take some time. 

A risk assessment takes into account:

• individual incidents and patterns of behaviour
• the nature and seriousness of any incidents
•  the circumstances of any incidents
•  the length of time that has passed since any incidents
•  any victims and the person's relationship to them
• the person's conduct since any incidents.

About risk of harm

Harm is any detrimental impact to the health, safety and wellbeing of people with disability. It includes physical, sexual, emotional, psychological or financial harm.

The risk assessment will result in a decision about whether a person poses a risk of harm to people with disability. The risk of harm:

• must be real and appreciable - it must be based on evidence of past behaviours, and it must be relevant to harm to people with disability
• does not need to be likely or significant - an unlikely risk of harm, or one which is not significant, can still be relevant
• does not need to arise from recent events - it can stem from an incident that occurred a long time ago.

If a person has been assessed as posing a risk of harm to people with disability, an exclusion will be issued. However, a ‘Proposed Exclusion Notice’ will first be sent.

A Proposed Exclusion Notice is to advise of our intent to issue an exclusion - it is not yet a final decision. There is an opportunity to provide us with information to support your application. That information will be considered before a final decision is made.

During a risk assessment, you may be asked to provide information. If this is the case, you'll be given:

• details about what information is required
• details about how to provide the information.

You may also choose to provide any information you consider is relevant for us to consider. 

Requirement to provide information

We may issue a Notice to Provide Information under section 29 of the National Disability Insurance Scheme (Worker Checks) Act 2018.

This is a requirement to provide information. If you fail to provide the information within the specified time (28 days) without a reasonable excuse, your application or clearance may be cancelled. If you are an applicant, you will be ineligible to reapply for 12 months.

While a risk assessment is being conducted an interim bar may be applied if you're an applicant. If you already hold a clearance, it may be suspended while a risk assessment is undertaken.

An interim bar or suspension is a temporary measure while we complete the risk assessment. It means you cannot work in a role requiring a clearance until the risk assessment has been completed and a decision is made.