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When is a clearance check required?

From 1 February 2021, a person who works with people with disability must have a screening check that is no more than 5 years old [s 22(1) Disability Inclusion Act 2018 (SA)]. This requirement does not apply to Unregistered NDIS Providers. It also does not apply to an excluded person [s 22(2)]. See Who is an excluded person? in 'NDIS Worker Check - Exclusion Notice'.

The purpose of the screening check is to assess whether a person who works, or seeks to work, with people with disability poses a risk of harm to them.

It is an offence for a person who does not have a current screening check to work with people with a disability. The maximum penalty for a first or second offence is $20,000 and for a third or subsequent offence $50,000 or imprisonment for 1 year.

If a person in South Australia is providing NDIS services and support to children with disability, they are required to have both a Working with Children Check and an NDIS worker screening check.

Further information about types of current screening checks is available on the Department of Human Services - Screening Unit website (opens new window).

How is "working with people with disability" defined?

Under the Act a person works with people with disability, if the person:

  • provides a service or undertakes an activity in the course of their employment of a kind that is prescribed in the regulations; or
  • operates a business that provides a service or undertakes an activity of the kind referred to in the regulations, whether or not the person provides the service or activity themselves.

[s 20(a) and (b) Disability Inclusion Act 2018 (SA)]

Examples of the type of work for which it is necessary to have an NDIS Worker Check include:

  • work that involves the NDIS worker directly delivering support or services to a person with disability
  • working in a key personnel role (i.e. a Manager or Board Member) of a service that provides support to people with disability
  • Working in a role which requires the NDIS worker to have ‘more than incidental contact’ with people with disability, such as:
    • having physical contact with a person with disability; or
    • building a rapport with a person with disability as an integral and ordinary part of the performance of normal work duties; or
    • having contact with multiple people with disability as part of the direct delivery of a specialist disability support or service, or in a specialist disability accommodation setting.

Employment includes those who are self-employed, contractors, ministers of religion or those engaged in the duties of a religious or spiritual vocation, students undertaking practical training, volunteers, or those performing unpaid community work pursuant to an order of the court [s 19(2)].

When is a clearance check required?  :  Last Revised: Tue Feb 2nd 2021
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.