What you need to know about the new NDIS Worker Screening Requirements
Written By Shelley Breen
In this article:
· What is NDIS Worker Screening Check?
· Who does NDIS Worker Screening Check apply to?
· How will NDIS Worker Screening Check affect my business?
· What happens if a worker doesn’t receive a clearance or receives an exclusion?
What is the NDIS Worker Screening Check?
The NDIS Worker Screening Check is a safeguard to ensure that NDIS workers don’t present an unacceptable risk to people with a disability. It should be implemented as an integral part of your recruitment selection and screening processes and as part of your ongoing reviews to ensure your workers remain competent in assisting people with a disability.
From 1 February 2021 it will replace the current screening checks in each state and territory, to form a national minimum standard that all NDIS participants must meet. Some states and territories may still have requirements that are over and above the national standard. For a list of requirements by state, you can visit the NDIS Commission’s transitional and special arrangements page.
The NDIS Worker Screening Check is valid for 5 years for each worker. After workers complete their application, their information is stored in the National Worker Screening Database showing which employer the worker is linked to and any exclusions that have been applied to their profile by the NDIS Worker Screening Unit. Employers will receive an automated email if the worker’s clearance status changes.
Who does the NDIS Worker Screening Check apply to?
The NDIS Worker Screening Check covers workers who work in a risk assessed role, which is determined by their employer. A risk assessed role is defined as key personnel, such as a CEO or Board Member, as defined in Section 11A of the National Disability Insurance Scheme Act 2013. It also applies to workers who engage with people with a disability during their normal course of work, either specifically or indirectly, For example:
· Physically touching a person with a disability
· Building rapport with a person with a disability
· Providing specified services or supports to a person with a disability (more information on specified services can be found here)
The worker screening check does not apply to school students completing formal work experience in a risk assessed role if they have suitable supervision by a worker with an NDIS Worker Screening Check or an acceptable check.
It isn’t mandatory for workers employed by unregistered providers or self-managed participants to have an NDIS Worker Screening Check however employers can request those who do provide supports or services to demonstrate a clearance or obtain one.
What is the process?
The commission has provided a flow chart to show how the process will work. Be mindful that your new employees commencing a risk assessed role will not be able to commence in the role until they have submitted their application. Applications will be made available via the website from 1 February 2021. Workers can commence their role once they are able to demonstrate that the check has been applied for.
There are 12 steps in the application process as you can see on the NDIS Commission’s website in pdf or word format, which will assist with training your HR team.
How will the NDIS Worker Screening affect my business?
The NDIS Worker Screening Check will provide workers who enter the industry a valid clearance to work in a risk assessed role for registered NDIS providers across Australia. This will eventually eliminate the need for registered providers to complete a screening check for each state or territory that the worker may cover, which effectively reduces the amount of time your HR team need to spend on ticking this box. Although, your HR team will still need to ensure workers meet transitional State and Territory requirements.
What happens if a worker doesn’t receive a clearance or receives an exclusion?
If one of your workers doesn’t receive clearance or receives an exclusion, they will not be able to work in a risk assessed role and you’ll need to determine if they can be placed in another suitable role or even if their employment contract is still tenable. Failing to properly screen your workers is a breach of your conditions of registration if you are a registered provider. “If a registered NDIS provider does not comply with the conditions of their registration the NDIS Quality and Safeguards Commission (NDIS Commission) may take a number of compliance actions including imposing a banning order, suspending registration, revoking registration, issuing a compliance notice or issuing an infringement notice. The NDIS Commission can also see a civil penalty of $55,500 for individuals and $277,500 for a body corporate for contravening section 73J of the Act.” an NDIS Commission spokesperson said.
This article was written by Shelley Breen. Shelley is passionate about and has been supporting Entrepreneurs and Small Business owners since 2007. She has a strong background in marketing, compliance and operations management. Shelley lives on the Central Coast of NSW with her husband, two sons, and recalcitrant dog ‘Baxter’.