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Working with people with disability checks (NDIS)

On 1 February 2021, the Disability Inclusion Act 2018 (SA) was amended by the Statutes Amendment (Screening) Act 2019.

From this date onwards, only workers who undertake National Disability Insurance Scheme NDIS work and support require a clearance check. The NDIS Worker Check Clearance is mandatory for workers who work for Registered NDIS Providers. Unregistered NDIS Providers can ask their workers to have an NDIS Worker Check clearance, but it is not a requirement. Information about screening requirements of Unregistered NDIS Providers is on the NDIS Quality and Safeguards Commission website (opens new window).

The new parts of the legislation relate to the requirement for screening of those working with people with disability, and set out how screening of NDIS workers is to be conducted. The NDIS Worker Screening checks will begin nationally from 1 February 2021. In South Australia, the Department of Human Services (SA) Screening Unit will conduct these screenings.

Currently (as at 1 February 2021), acceptable checks for workers providing NDIS support and services are:

  • Department of Human Services Disability Services Employment Screening Clearance

  • Department of Human Services Child-related Employment Screening Clearance

  • Department of Human Services Working with Children Check (issued before 1 February 2021)

These checks are considered acceptable for NDIS work until they expire or are revoked. Any new NDIS worker who requires a check, or whose existing check expires, must apply for an NDIS Worker Clearance check.

The Act sets out that the Disability Inclusion (NDIS Worker Check) Regulations 2020 may allow working with children checks to be recognised as a check for the purpose of working with people with disability [s 23(2)(d)]. However, in South Australia if a person is undertaking work with children with disability, they are required to have both a Working with Children Check and an NDIS worker screening check.

Working with people with disability checks (NDIS)  :  Last Revised: Wed May 4th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.