The man appeared in the Bunbury Magistrates court on 27 June 2024 where he pleaded guilty to two counts of breaching the National Disability Insurance Scheme (Worker Screening) Act 2020.
He was issued an NDIS Check exclusion which prohibited him from engaging in a risk-assessed role for a registered NDIS provider. Section 68(2) of the Act makes it a criminal offence to work while subject to an NDIS Check exclusion.
An investigation by the Department of Communities’ NDIS Worker Screening Unit identified that he continued to operate as key personnel of two businesses which provided services to NDIS participants in the South West of Western Australia.
The court accepted that he maintained a position of authority over the entities, having access to NDIS funds, influence over service delivery and contact with NDIS participants.
The man was ordered to pay $8,000 for each offence as well as $2,000 in court costs.
The National Disability Insurance Scheme (NDIS) Worker Screening Check (Check) is a nationally consistent screening requirement for people who work in risk assessed roles for registered NDIS providers.
Comments attributed to Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
“Any NDIS Check exclusion holder that continues to undertake work in contravention to the notice can expect to face prosecution action.
“Registered NDIS providers should always check that people they engage have a current NDIS Worker Screening clearance, before engaging that person in a risk-assessed role.
“Importantly, this provides a level of safeguarding for people with disability by ensuring that people working in these risk-assessed roles across the sector do not pose an unacceptable risk to the safety and wellbeing of NDIS participants.”
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