The Court found the support worker undertook three shifts for a registered NDIS provider after receiving notification of his NDIS Check suspension from the Department of Communities’ (Communities) NDIS Worker Screening Unit.
The NDIS Worker Screening Check is a nationally consistent screening requirement for people who work in risk assessed roles for registered NDIS providers. State and Territory worker screening units administer the check on behalf of the federal NDIS Quality and Safeguards Commission.
NDIS Check clearance holders are subject to national ongoing monitoring of their criminal history and other relevant information. Upon receipt of new information, Communities may suspend or revoke the clearance, prohibiting the person from engaging in certain NDIS work. The offence carries a maximum penalty of $60,000 and five years imprisonment.
The man was also charged and convicted for failing to notify Communities of a change in his personal details. It is a requirement under the National Disability Insurance Scheme (Worker Screening) Act 2020 for NDIS Check clearance holders to notify Communities of any change in name, contact details and NDIS employer.
The Gosnells worker was fined a penalty of $4,000 for three counts of working while suspended and $500 for failing to notify of a change in particulars. He was further ordered to pay $2,500 towards Communities’ legal costs.
Comments attributed to Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
“NDIS Check holders have an ongoing responsibility to ensure they are compliant for the duration of the NDIS Check clearance.
“Importantly, this provides a level of safeguarding for people with disability by ensuring that people working in risk assessed roles across the sector do not pose an unacceptable risk to the safety and wellbeing of NDIS participants.
“This outcome should serve as a reminder that NDIS Check clearance holders must ensure their personal and employment details are up to date with our NDIS Worker Screening Unit.”
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