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    Who is a presumptively disqualified person?

    A person who has been found guilty of a presumptive disqualification offence committed when they were an adult is a ‘presumptively disqualified person’ [s 18B(3)].

    This includes offences where a finding is made that only the objective elements of the offence were established [s 18B(2) and (3)].

    A person who has been found guilty of a presumptive disqualification offence will be presumed to pose a risk of harm to people with disability [s 18K(1)(a)]. See Persons presumed to pose risk of harm in 'NDIS Worker Check - Exclusion Notice'.

    Presumptive disqualification offences

    Some examples of presumptive disqualifying offences include:

    • Manslaughter
    • Criminal neglect (where the victim was a child or vulnerable person receiving care supports or services from the offender)
    • Failing to provide food etc (where the victim was a child or vulnerable person receiving care supports or services from the offender)
    • Aggravated assault (where the offence involved a child or vulnerable person)
    • Dishonest exploitation of position of advantage (where the offence involved a child or vulnerable person)
    • Misuse of personal identification information (where the offence involves a vulnerable person or child)
    • Cultivation of controlled plants for sale (commercial or large commercial quantity)
    • Sale of controlled plants (commercial or large quantity)
    • Ill treatment of animals (Animal Welfare Act 1985)
    • Distribution of invasive images (where the offence involved a child or vulnerable person)
    • Indecent filming (where the offence involved a child or vulnerable person)
    • Neglect or Ill treatment offence under the Mental Health Act 2009
    • Obtaining property or a financial advantage by deception (where the offence involved a child or vulnerable person)
    • False or misleading information in documents
    • Failing to protect child at risk of child sexual abuse offence
    • Drug offences involving children

    A full list of presumptive disqualification offences can be found in Schedule 2 of the Disability Inclusion (NDIS Worker Check) Regulations 2020 (SA) (opens new window).

    Who is a presumptively disqualified person?  :  Last Revised: Tue Feb 2nd 2021
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