NDIS worker screening relies on the collection, sharing and monitoring of information across Australia. 

Information about you will be sought, obtained, shared, used and retained for the purposes outlined below and as otherwise allowed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) or as otherwise authorised or required by law or where you have given consent.

Information about you will be sought, shared and retained across Australia.

This includes:

• information to verify your identity
• information you have disclosed in an application
• information about your criminal history
• information about workplace misconduct
• information about court orders relating to child protection, apprehended violence or domestic or family violence
• information about your worker screening history
• information about your engagement in NDIS work
• information relevant to determining if a risk assessment is required
• any other information relevant to assessing risk of harm.

Information about you will be sought, obtained, provided, shared and retained for the purpose of assessing your application and ongoing suitability for an NDIS worker screening clearance.

Information about you will be sought and obtained from, provided by, shared with and retained by NDIS worker screening agencies in all states and territories and the NDIS Quality and Safeguards Commission.

Information about your identity and criminal history may be sought and obtained from, provided by, shared with and retained by the Australian Criminal Intelligence Commission, the NDIS Quality and Safeguards Commission, as well as law enforcement agencies (Police) and NDIS worker screening agencies in all states and territories and the Commonwealth. 

Information about your criminal history includes juvenile and adult records; charges whether or not heard, proven, dismissed, withdrawn or discharged; and convictions that have been set aside, spent or quashed or for which a pardon has been granted.

Information about you regarding any workplace misconduct or disciplinary action (including compliance and enforcement action) may be sought and obtained from, provided by, shared with and retained by the NDIS Quality and Safeguards Commission and NDIS worker screening agencies in any state or territory.

Information about your identity, your NDIS worker screening applications and ongoing status may be sought from, provided by, shared with and retained by the Commonwealth’s NDIS Worker Screening Database, the NDIS Quality and Safeguards Commission, and NDIS worker screening agencies in all states and territories.

Information about you may be sought and obtained from you, courts or tribunals, government agencies or other third parties (such as an employer or professional body) in any state or territory.

In relation to other worker screening checks such as working with children or vulnerable persons checks, in any state or territory:

• Information about you may be sought and obtained from, and provided by, other worker screening checks, and used and retained for the purpose of assessing your application and ongoing suitability for an NDISWC clearance.
• Information about you, your applications and ongoing suitability for an NDISWC may be sought and obtained by, and shared with, those other worker screening checks, and used and retained by them for the purpose of assessing your application and ongoing suitability for a clearance. 

Your NDIS employer will be notified of the outcome
Each NDIS employer you nominate in your application, and to whom you separately provide your details, will be asked to verify your application and NDIS worker screening status, notified of the outcome of your application, and notified of any changes to your NDIS worker screening status. This will occur via the Commonwealth’s NDIS Worker Screening Database.

Your criminal, workplace or other history information will not be disclosed to your employer.

You will be monitored for new records
If you are issued an NDIS worker screening clearance, you will be monitored for any new criminal or workplace records across Australia. This may result in a reassessment of your ongoing suitability for a clearance. Your ongoing suitability may also be reassessed due to any information about you that is relevant to assessing risk of harm. 

Service NSW hosts the online application on behalf of the NDISWC.

Your NDIS Worker Check (NDISWC) is a digital credential. You apply, view, and transact with your NDISWC from your MyServiceNSW account.

As part of the online application, Service NSW collects your personal information on behalf of the NDISWC. The information you enter, and from your MyServiceNSW account, is used in the online application to:

• verify your identity information with the Document Verification Service and Services Australia
• complete your NDISWC application and submit it to the Office of the Children’s Guardian.

We verify your identity information to ensure it is valid. The information is checked against the records of Australian Government and state and territory government agencies that issued the identity documents. 

The Document Verification Service is provided by the Commonwealth Government’s Attorney-General’s Department. 

More information on how the Attorney-General’s Department or Services Australia handle your personal information.

To apply for an NDISWC, you must verify your identity information in the online application. You can choose not to consent to this. However, you will not be able to apply.  

Service NSW will maintain and use personal information collected using your MyServiceNSW Account for internal administrative purposes.

More information about how Service NSW handles personal information

You can access your NDISWC details by logging into your MyServiceNSW account.

You can check the progress of your application, view your NDISWC status and expiry date, and view and update your contact details.

You can access other personal information by making an informal information request to us by email.

Personal information that can generally be accessed includes:

• your birth information, names, addresses, and contact details
• correspondence between you and us
• your criminal history.

Information may not be provided if we do not have authority from the source agency to release it.

We may need to direct you to make the request with the source agency (for example, the NDIS Quality and Safeguards Commission).

You can also lodge a formal information request with the Office of the Children’s Guardian under the Government Information (Public Access) Act 2009.

Email: feedback@ndiswc.nsw.gov.au

Privacy complaints
We take your privacy and the protection of your personal information seriously. We welcome the opportunity to address any privacy issues you wish to raise. 

If you wish to make a privacy complaint, complete a Privacy Complaint Internal Review Application Form from the NSW Privacy and Information Commission. Then send the completed form to us by email.

Email: feedback@ndiswc.nsw.gov.au

Let us know what we are doing well or where we can improve.

We aim to deal with any complaints fairly, effectively, and as quickly as possible.

Email: feedback@ndiswc.nsw.gov.au

In NSW, NDIS worker screening is called the NDISWC.

It operates under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW). 

It is administered by a screening unit established within the Office of the Children’s Guardian (NSW Government).

Service NSW (NSW Government) hosts our online application and makes the NDISWC available as a digital credential in your MyServiceNSW account. 

Note: if you applied for your NDIS worker screening in another state or territory, you need to contact the NDIS worker screening unit in that state or territory.

We are responsible for:

• helping you apply for an NDISWC
• assessing applications
• issuing a clearance or an exclusion
• helping you with any questions or issues you may encounter when applying.
   

Email: contact@ndiswc.nsw.gov.au

The NDIS Quality and Safeguards Commission (Commonwealth Government) sets the requirements for NDIS providers, including worker screening requirements. The NDIS Commission is responsible for:

• which workers need a worker screening check
• when workers can start work
• employer access to the NDIS Worker Screening Database portal.

If you're an employer, generally, you should contact the NDIS Quality and Safeguards Commission.

Website:   https://www.ndiscommission.gov.au

Call:   1800 035 544

In NSW, workers may need both an NDISWC and a Working with Children Check (WWCC). For example, if they are doing child-related NDIS work.

The WWCC is administered by a separate worker screening unit in the Office of the Children's Guardian. 

Website:   https://ocg.nsw.gov.au/check

Call: (02) 8219 3777

Some people who apply for an NDISWC 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.

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 NDISWC on 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
• willful 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