The NDIS Worker Screening Unit, operating within the Department of Communities, brought 106 charges against the woman after an investigation found she had continued to engage in a risk-assessed role for a registered NDIS provider for one year while her NDIS Check was suspended.
The woman was sentenced in the Perth Magistrates Court on 6 November 2024 and fined $12,000 and ordered to pay $7,576.60 in costs.
The NDIS Check is a national screening tool designed to protect people with disability from poor quality or unsafe services delivered under the NDIS.
Under the National Disability Insurance Scheme (Worker Screening) Act 2020, a person who has a relevant change in their criminal record or circumstances may have their NDIS Check suspended by the Screening Unit.
A person is prohibited from certain NDIS work while the suspension is in place. The maximum penalty for a breach under section 68 of the Act is $60,000 and five years imprisonment.
The Maylands support worker’s NDIS Check was suspended on 13 May 2022. The court found that she continued work as a Disability Support Worker until 8 May 2023. During this period, she worked closely with seven highly vulnerable NDIS participants, providing daily living supports in their homes and in the community.
The accused woman’s NDIS Check has now been cancelled and she is prohibited from engaging in any risk-assessed role for registered NDIS providers indefinitely.
Comments attributed to Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
“People with disabilities, their families and the community can be assured the Department of Communities takes such breaches of the NDIS Worker Screening legislation very seriously”.
“This action should serve as a warning that any person who engages in a risk assessed role while their NDIS Check is suspended can expect to face the full force of the law.”
“Registered NDIS providers must recognise their responsibility in building a safe workforce by ensuring their workers hold valid NDIS Checks.”
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