NDIS Check compliance and enforcement

What are my obligations?

NDIS Checks are regulated by the Screening Unit and it is important to understand and comply with obligations under the NDIS Worker Screening Act.

Workers in risk assessed roles

Workers in risk assessed roles for registered NDIS providers must hold a valid NDIS Check clearance.

Applicants and clearance holders

Under the NDIS Worker Screening Act, applicants and clearance holders must notify the Screening Unit of any changes in their personal particulars. This includes changes to name, contact information or employer details. Applicants and clearance holders can notify the Screening Unit of a change by logging into their DoTDirect account.

Applicants and clearance holders must also notify the Screening Unit if there is a ‘relevant change’ in their criminal record. A relevant change, under the NDIS Worker Screening Act, is when there is a charge or conviction for a Class 1 or Class 2 offence. Any changes in criminal record should be emailed to the Screening Unit at NDISCheck@communities.wa.gov.au.

Penalties apply to both applicants and clearance holders who do not advise the Screening Unit of changes to their particulars, or of relevant changes to their criminal record.

Interim bar and suspension holders

Workers who are issued an interim bar or suspension are prohibited from working in risk assessed roles for registered NDIS providers until a final decision is made to issue an exclusion or to grant or reinstate a clearance.

Exclusion holders

Workers who are issued an exclusion are prohibited from being employed or engaged in a risk assessed role for a registered NDIS provider.

How does the NDIS Worker Screening Unit ensure obligations are being met?

Obligations under the NDIS Worker Screening Act exist to help minimise the potential for an unacceptable risk of harm to people with disability.

The Screening Unit conducts proactive compliance activities to assist NDIS Check holders and applicants understand and meet legislative requirements. As part of these activities, the Screening Unit attends registered NDIS providers in metropolitan and regional areas across WA to ensure workers onsite in risk assessed roles are subject to a valid NDIS Check clearance. The Screening Unit also undertakes reviews of individuals and providers NDIS Check records. From time to time, the Screening Unit might request NDIS Check holders to provide information for compliance purposes. This is designed to encourage and ensure compliance.

If applicants are issued an adverse outcome and are not sure what it means, they can contact the Screening Unit or seek independent legal advice. The Screening Unit monitors high risk individuals to ensure they are compliant and may carry out investigations. If a breach is found, the Screening Unit may prosecute individuals, which can result in large fines and/or imprisonment.

To further ensure a robust NDIS Worker Screening program, the Screening Unit works collaboratively with the NDIS Quality and Safeguards Commission. Underpinned by formal arrangement, the two agencies work closely together to inform and assist each other in resolving compliance issues.

Are there penalties related to non-compliance of the NDIS Check?

Under the NDIS Worker Screening Act, a number of penalties apply to workers who do not comply.

It is an offence to:

• start or continue to work in a risk assessed role for a registered NDIS provider without holding a valid clearance, without having applied for an NDIS Check clearance, or if you are subject to an exclusion, suspension or interim bar. The penalty for this offence is five years imprisonment and a fine of $60,000.
• not notify the Screening Unit in writing of a relevant change in particulars (name, residential address, contact details, change in employer) as soon as practicable after the relevant change occurs. The penalty is a fine of $5,000.
• not notify the Screening Unit in writing of a relevant change in your criminal record (a charge or conviction for a Class 1 or Class 2 offence). The penalty for this is five years imprisonment and a fine of $60,000.
• knowingly give false or misleading information to the Screening Unit. The penalty for this is two years imprisonment and a fine of $24,000.

Compliance strategy and approach

The Screening Unit acknowledges that in most cases, people do, or are willing to, comply with their obligations under the NDIS Worker Screening Act. The primary approach to achieve compliance is to inform and educate workers to identify and understand their obligations.

Strategies to achieve compliance range from encouraging through to enforcement activities. To determine an appropriate response to compliance issues, the Screening Unit will consider the seriousness of the issue, the person’s attitude towards the issue and the likelihood of harm to a person with disability.

Strategies to achieve compliance include:

Informing and encouraging

• Providing advice and creating awareness through customer support, website material and resources.
• Carrying out community engagement activities such as presentations or webinars. 

Assisting and monitoring

• Conducting targeted education campaigns addressing specific or high-risk issues.
• Following up on persons issued with interim bars, suspensions, or exclusions.
• Referring matters to the NDIS Quality and Safeguards Commission.
• Carrying out investigations of alleged breaches of the NDIS Worker Screening Act.

Full force of the law

• Issuing formal warnings or conducting a prosecution of an offence under the NDIS Worker Screening Act.

The Screening Unit’s regulatory powers are set out in the NDIS Worker Screening Act and Regulations. In performing its functions under the Act, the Screening Unit must regard the safety and wellbeing of people with disability, and in particular their right to live a life free from abuse, violence, neglect and exploitation, as the paramount consideration.