National Disability Insurance Scheme (Worker Clearance) Regulations 2021 (NT)
NORTHERN TERRITORY OF AUSTRALIA
National disability insurance scheme (worker clearance) REGULATIONS 2021
As in force at 1 July 2021
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2021
National disability insurance scheme (worker clearance) REGULATIONS 2021
Regulations/Rules/By‑laws under the Act
These Regulations may be cited as the
These Regulations commence on 1 July 2021.
In these Regulations:
(a) is receiving care or support because the child or vulnerable person is unable to:
(i) care for themself; or
(ii) protect themself from harm or exploitation; and
(b) has a relationship with the person:
(i) because of the care or support mentioned in paragraph (a); and
(ii) other than because the person is a relative of the child or vulnerable person.
(a) understanding their rights; or
(b) understanding a power imbalance between themself and other persons; or
(c) understanding that a person’s behaviour, intended or otherwise, is inappropriate or illegal; or
(d) making a decision; or
(e) providing consent or agreement; or
(f) expressing disapproval or objection; or
(g) communicating; or
(h) preventing, defending or protecting themself against an offence or a person who commits an offence.
(1) Each of the following is a
relative of a person:(a) a spouse or de facto partner of the person;
(b) a child of the person;
(c) a stepchild of the person;
(d) a foster child of the person;
(e) a parent, grandparent or any other ancestor of the person;
(f) a stepparent of the person;
(g) a foster parent of the person;
(h) a sibling of the person;
(i) an uncle or aunt of the person;
(j) a cousin of the person;
(k) another person who is related to the person in accordance with:
(i) any customary law or tradition applicable to the person; or
(ii) any contemporary custom or practice.
(2) To avoid doubt, a relationship referred to in subregulation (1) may include a relationship that arises through common ancestry, adoption, marriage, de facto relationship or any customary law or tradition.
For section 7(1) of the Act, definition
For section 7(1) of the Act, definition
(a) an offence against a provision of an Act or Act of the Commonwealth specified in Schedule 2, subject to any qualification specified opposite the provision;
(b) an offence against a law of a State, other Territory or foreign country that, if it had been committed in the Territory, would have constituted an offence mentioned in paragraph (a);
(c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a) or (b);
(d) an offence that has, as an element, intention to commit an offence mentioned in paragraph (a) or (b).
For section 7(1) of the Act, definition
(a) an offence against a provision of an Act or Act of the Commonwealth specified in Schedule 3, subject to any qualification specified opposite the provision;
(b) an offence against a law of a State, other Territory or foreign country that, if it had been committed in the Territory, would have constituted an offence mentioned in paragraph (a);
(c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a) or (b);
(d) an offence that has, as an element, intention to commit an offence mentioned in paragraph (a) or (b).
An offence that is prescribed as a disqualifying offence under regulation 6 or a presumed disqualifying offence prescribed under regulation 7 is a disqualifying offence or a presumed disqualifying offence even if:
(a) the offence was committed before the commencement of these Regulations; or
(b) the offence is repealed.
(1) For section 17(2)(a) of the Act, an application for a screening check must contain the information required by this regulation.
(2) The application must include the following:
(a) details of any worker screening or worker clearance the applicant has held in relation to working with children or vulnerable people;
(b) details of the suspension or cancellation of any worker screening or worker clearance the applicant has held in relation to working with children or vulnerable people;
(c) details of any investigation conducted by a government agency in Australia in relation to the applicant involving an allegation of abuse or neglect of a child in the applicant’s care that resulted in the restriction of contact between the applicant and the child or the removal of the child from the applicant’s care;
(d) details of any workplace misconduct investigation related to any of the following:
(i) violent behaviour or assault;
(ii) indecent or sexual behaviour or misconduct;
(iii) fraud, deception or theft;
(iv) failure to provide care for a child or vulnerable person.
Note for regulation 9(2) See section 19 of the Act in relation to disclosures to be included in an application. (3) The application must include the applicant’s:
(a) full name and any previous names; and
(b) gender; and
(c) date of birth; and
(d) place and country of birth; and
(e) current and previous residential addresses; and
(f) current postal address; and
(g) current email address.
(4) The application must include, if applicable, the applicant’s employer’s:
(a) name; and
(b) NDIS Provider Number.
10 Proof of identity documentation (1) For section 17(2)(b) of the Act, an application for a screening check must be accompanied by the proof of identity documents prescribed in this regulation.
(2) The application must be accompanied by an original or a copy of:
(a) one document specified in Schedule 4, Part 1; and
(b) one document specified in Schedule 4, Part 2; and
(c) two documents specified in Schedule 4, Part 3.
(3) A document cannot be used to satisfy more than one of the categories specified in subregulation (2).
(4) The following must be included in at least one of the documents provided under subregulation (2):
(a) a photograph of the applicant;
(b) the current residential address of the applicant;
(c) the signature of the applicant;
(d) the date of birth of the applicant.
(5) Despite subregulations (2) to (4), the Screening Agency may accept an application that is accompanied by an alternative combination of documents listed in Schedule 4 if the Screening Agency is satisfied that exceptional circumstances exist.
For section 17(2)(c) of the Act, the prescribed fee is:
(a) if the screening check is required by the applicant for voluntary work only – 10 revenue units; or
(b) otherwise – 100 revenue units.
For section 17(4) of the Act, the prescribed time is 30 days from the date of the written notice.
An application for internal review under section 42(3) of the Act must:
(a) be in writing; and
(b) specify the name of the affected person; and
(c) identify the reviewable decision; and
(d) set out the reasons the affected person is seeking a review of the decision; and
(e) specify an address to which correspondence regarding the review may be sent to the affected person.
(1) Within 30 days after receiving an application in accordance with regulation 13, the internal reviewer must, subject to subregulation (2), review the reviewable decision and notify the affected person, in writing, of the outcome of the review.
(2) The internal reviewer may refuse to review a decision if satisfied that the application for review was not made within 30 days after the affected person was notified of the decision.
(3) If subregulation (2) applies, the internal reviewer is taken to have confirmed the reviewable decision.
(4) A review must be conducted fairly and with as much expedition as a proper consideration of the matter permits.
(5) A review must not be conducted by the officer or employee who made the reviewable decision the subject of the review.
A notice of the outcome of a review must:
(a) include the reasons for the outcome; and
(b) include a statement setting out the affected person’s rights under section 43 of the Act.
regulation 5
Australian Capital Territory | |
Commonwealth | |
New South Wales | |
Queensland | |
South Australia | |
Tasmania | |
Victoria | |
Western Australia |
regulation 6
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125B | |
125C | The article relates to a child or a vulnerable person |
125E | |
127 | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
128, 130, 131 | |
131A | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
132 | The circumstances mentioned in subsection (2)(d) exist or The circumstances mentioned in subsections (2)(a), (b), (c), (e) or (f) exist and:
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134 | The victim is a child or a vulnerable person |
138, 156, 165 | |
174E | The victim is a child or a vulnerable person |
174F(1), 174FC(1) | The offender intended to cause death |
175, 176, 177, 181, 182, 185, 186B, 186C | The victim is a child or a vulnerable person |
188 | The circumstances mentioned in subsections (2)(c) or (d) exist or The circumstances mentioned in subsection (2)(k) exist and:
or The circumstances mentioned in subsection (2)(m) exist and the victim is a child or a vulnerable person |
192, 192B, 193 | The victim is a child or a vulnerable person |
194, 195 | The victim is a child or a vulnerable person who is not a relative of the offender |
201 | |
202B | The victim is a child or a vulnerable person |
202C(1) | The victim is a vulnerable person |
202C(2) and (3) | |
202D | The victim is a child or a vulnerable person |
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12, 13, 14 | |
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71.2 | |
71.4, 71.5, 71.8 | The victim is a child or a vulnerable person |
71.9, 71.10 | The victim is a child or a vulnerable person who is not a relative of the offender |
73.2 | The victim is a child or a vulnerable person |
73.3 | At least 1 victim is a child or a vulnerable person |
73.3A | The conduct constituting the offence of people smuggling relates, or would relate, to at least 1 person who is a child or a vulnerable person |
104.1 as in force before 15 December 2005 | |
104.3 and 104.4 as in force before 15 December 2005 | The victim is a child or a vulnerable person |
115.1 | |
115.3, 115.4 | The victim is a child or a vulnerable person |
268.3 | |
268.4 | At least 1 victim is a child or a vulnerable person |
268.5, 268.6, 268.7, 268.8, 268.9 | |
268.10, 268.13 | At least 1 victim is a child or a vulnerable person |
268.14, 268.15 | The victim is a child or a vulnerable person |
268.16, 268.19, 268.21(1) | At least 1 victim is a child or a vulnerable person |
268.24 | |
268.25, 268.26, 268.27, 268.28 | At least 1 victim is a child or a vulnerable person |
268.38(1) | The offence causes death |
268.40(1) | |
268.41, 268.42, 268.43, 268.44 | The perpetrator’s conduct results in death |
268.47(1) | |
268.47(2) | At least 1 victim is a child or a vulnerable person |
268.48(1) | |
268.48(2) | At least 1 victim is a child or a vulnerable person |
268.49(1) | |
268.50, 268.55, 268.56 | The offence causes death |
268.59, 268.60 | The victim is a child or a vulnerable person |
268.61, 268.64 | At least 1 victim is a child or a vulnerable person |
268.65 | The conduct results in the death of any of the persons referred to in paragraph (a) of the provision |
268.70, 268.71(1) | |
268.71(2), 268.73 | At least 1 victim is a child or a vulnerable person |
268.76(2) | |
268.82, 268.83 | The victim is a child or a vulnerable person |
268.84, 268.87 | At least 1 victim is a child or a vulnerable person |
268.90(1) | |
268.91 | The offence causes death |
268.92(1) | |
268.92(2) | At least 1 victim is a child or a vulnerable person |
268.93(1) | |
268.97, 268.98 | The attack results in death |
270.3, 270.5(1) | The victim is a child or a vulnerable person |
270.5(2) | At least 1 victim is a child or a vulnerable person |
270.6 as in force before 8 March 2013 | The victim is a child or a vulnerable person |
270.6A(1) | The victim is a child or a vulnerable person |
270.6A(2) | At least 1 victim is a child or a vulnerable person |
270.7, 270.7B, 270.7C, 271.2, 271.3 | The victim is a child or a vulnerable person |
271.4 | |
271.5, 271.6 | The victim is a child or a vulnerable person |
271.7 | |
271.7B, 271.7C, 271.7D, 271.7E | The victim is a child or a vulnerable person |
271.9 as in force before 23 May 2018 | The victim is a child or a vulnerable person |
272.8, 272.9 | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
272.10 | |
272.11 | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
272.12, 272.13, 272.14, 272.15, 272.18, 272.19, 272.20 | |
273.5 as in force before 21 September 2019 | |
273.6, 273.7, 273A.1 | |
274.2 | The victim is a child or a vulnerable person |
471.16 and 471.17 as in force before 21 September 2019 | |
471.19, 471.20, 471.22, 471.24, 471.25 | |
471.26 | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
474.19 and 474.20 as in force before 21 September 2019 | |
474.22, 474.22A, 474.23, 474.24A | |
474.25A | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
474.25B, 474.25C, 474.26, 474.27 | |
474.27A | The victim is a child under 14 years or The victim is a child aged 14 years or over and the offender is at least 5 years older than the victim |
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8(1) | |
8(2) | The attack causes death or The attack causes grievous bodily harm, but not death, and the victim is a child or a vulnerable person |
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233BAB | The items are items of child abuse material |
regulation 7
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51, 53, 54, 55, 73, 74, 75 | |
127, 131A | The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
132 | The circumstances mentioned in subsections (2)(a), (b), (c), (e) or (f) exist and the victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
134 | The victim is not a child or a vulnerable person |
160, 161A, 162, 170 | |
174E | The victim is not a child or a vulnerable person |
174F(1) | The offender did not intend to cause death |
174FA | |
174FC(1) | The offender did not intend to cause death |
175, 176, 177, 181, 182 | The victim is not a child or a vulnerable person |
183, 184 | The victim is a person under care |
185, 186B, 186C | The victim is not a child or a vulnerable person |
188 | The circumstances mentioned in subsection (2)(k) exist and:
or The circumstances mentioned in subsection (2)(m) exist and the victim is not a child or a vulnerable person |
192, 192B, 193 | The victim is not a child or a vulnerable person |
194, 195 | The victim is a child or a vulnerable person and is a relative of the offender or The victim is not a child or a vulnerable person and is not a relative of the offender |
202B(1) | The victim is not a vulnerable person |
202D | The victim is not a child or a vulnerable person |
208AB | The image is of a child or a vulnerable person |
212 | The circumstances mentioned in subsections (2) or (3) exist |
227 | The person intended to be deceived is a child or a vulnerable person |
235 | The person intended to be defrauded is a child or a vulnerable person |
258 | The offence involves or affects a child or a vulnerable person |
259 | The person intended to be deceived is a child or a vulnerable person |
260 | The offence involves or affects a child or a vulnerable person |
263 | The other person is a child or a vulnerable person |
272, 284 | The person intended to be defrauded is a child or a vulnerable person |
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10 | |
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60, 60A | The person intended to be defrauded is a child or a vulnerable person |
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5, 5B, 5C | |
5D | The person to whom the drug is supplied is a child or a vulnerable person |
6 | |
6A, 6B | The commission of the offence exposes a child or a vulnerable person to the cultivation of a prohibited plant |
6C, 6D, 6E, 6G | |
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71.3 | |
71.4, 71.5, 71.8 | The victim is not a child or a vulnerable person |
71.9, 71.10 | The victim is not a child or a vulnerable person or The victim is a child or a vulnerable person and the offender is a relative of the child or person |
73.2 | The victim is not a child or a vulnerable person |
73.3 | None of the victims is a child or a vulnerable person |
73.3A | None of the persons to whom the conduct constituting the offence of people smuggling relates, or would relate, is a child or a vulnerable person |
73.8, 73.9, 73.10 | The offence affects or involves a child or a vulnerable person |
80.1, 80.1AA, 80.1AC, 80.2, 80.2A, 80.2B, 80.2C, 80.2D, 82.3, 82.4, 82.5, 82.6, 82.7, 82.8, 82.9, 83.1, 83.2, 83.3, 91.1, 91.2, 91.3, 91.6, 91.8, 91.11, 91.12, 92.2, 92.3, 92.4, 92.7, 92.8, 92.9, 92.10, 92A.1, 101.1, 101.2, 101.4, 101.5, 101.6, 102.2, 102.3, 102.4, 102.5, 102.6, 102.7, 102.8, 103.1, 103.2, | |
104.2 as in force before 15 December 2005 | |
104.3 and 104.4 as in force before 15 December 2005 | The victim is not a child or a vulnerable person |
115.2 | |
115.3, 115.4 | The victim is not a child or a vulnerable person |
119.1, 119.4, 122.1, 122.2, 122.3, 122.4 | |
134.1, 134.2, 135.1(1), 135.2, 135.4(1), 136.1, 137.1, 137.1A, 137.2 | The offence affects or involves a child or a vulnerable person |
142.2 | The offender causes a detriment to a child or a vulnerable person |
144.1, 145.1, 145.2, 145.4, 145.5, 148.1(1), 148.2(1) or (3) | The offence affects or involves a child or a vulnerable person |
268.4, 268.10 | None of the victims is a child or a vulnerable person |
268.11, 268.12 | |
268.13 | None of the victims is a child or a vulnerable person |
268.14, 268.15 | The victim is not a child or a vulnerable person |
268.16 | None of the victims is a child or a vulnerable person |
268.17, 268.18 | |
268.19 | None of the victims is a child or a vulnerable person |
268.20 | |
268.21(1) | None of the victims is a child or a vulnerable person |
268.21(2), 268.22, 268.23 | |
268.25, 268.26, 268.27, 268.28 | None of the victims is a child or a vulnerable person |
268.29, 268.30, 268.31, 268.32, 268.33, 268.34, 268.35, 268.36, 268.37 | |
268.38(1) | The offence does not cause death |
268.38(2), 268.39, 268.40(2) | |
268.41, 268.42, 268.43, 268.44 | The perpetrator’s conduct does not result in death |
268.45, 268.46 | |
268.47(2), 268.48(2) | None of the victims is a child or a vulnerable person |
268.49(2) | |
268.50 | The offence does not cause death |
268.51, 268.52, 268.53, 268.54 | |
268.55, 268.56 | The offence does not cause death |
268.57, 268.58 | |
268.59, 268.60 | The victim is not a child or a vulnerable person |
268.61 | None of the victims is a child or a vulnerable person |
268.62, 268.63 | |
268.64 | None of the victims is a child or a vulnerable person |
268.65 | The conduct does not result in the death of any of the persons referred to in paragraph (a) of the provision |
268.66, 268.67, 268.68 | |
268.71(2) | None of the victims is a child or a vulnerable person |
268.72 | |
268.73 | None of the victims is a child or a vulnerable person |
268.74, 268.75, 268.76(1), 268.77, 268.78, 268.79, 268.80, 268.81 | |
268.82, 268.83 | The victim is not a child or a vulnerable person |
268.84 | None of the victims is a child or a vulnerable person |
268.85, 268.86 | |
268.87 | None of the victims is a child or a vulnerable person |
268.88, 268.89, 268.90(2) | |
268.91 | The offence does not cause death |
268.92(2) | None of the victims is a child or a vulnerable person |
268.93(2), 268.94, 268.95, 268.96 | |
268.97, 268.98 | The attack does not result in death |
268.99, 268.100, 268.101 | |
270.3, 270.5(1) | The victim is not a child or a vulnerable person |
270.5(2) | None of the victims is a child or a vulnerable person |
270.6 as in force before 8 March 2013 | The victim is not a child or a vulnerable person |
270.6A(1) | The victim is not a child or a vulnerable person |
270.6A(2) | None of the victims is a child or a vulnerable person |
270.7, 270.7B, 270.7C, 271.2, 271.3, 271.5, 271.6, 271.7B, 271.7C, 271.7D, 271.7E | The victim is not a child or a vulnerable person |
271.9 as in force before 23 May 2018 | The victim is not a child or a vulnerable person |
272.8, 272.9, 272.11 | The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
273B.4 | |
274.2 | The victim is not a child or a vulnerable person |
302.2, 303.4, 304.1, 305.3 | |
305.4 | The commission of the offence exposes a child or a vulnerable person to the manufacture of a controlled drug |
306.2 | |
306.3, 306.4 | The commission of the offence exposes a child or a vulnerable person to a controlled precursor |
307.1, 307.11, 308.3, 309.2, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14, 309.15, 310.2, 310.3 | |
372.1, 372.1A, 372.2 | The offence involves or affects a child or a vulnerable person |
471.26 | The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
474.17A | The victim is a child or a vulnerable person |
474.25A, 474.27A | The victim is a child aged 14 years or over and the offender is less than 5 years older than the victim |
480.4 | The person to whom the information relates is a child or a vulnerable person |
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8(2) | The attack causes grievous bodily harm, but not death, and the victim is not a child or a vulnerable person |
regulation 10
1 | Any of the following documents: |
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2 | Any of the following documents that is in force: |
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1 | Any of the following documents: |
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2 | Any of the following documents that is in force: |
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1 | Any of the following documents that contains the applicant’s full name and is in force |
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2 | Any of the following documents that contains the applicant’s full name, is in force and contains a photograph of the applicant: |
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3 | Any of the following documents that contains the applicant’s full name and was issued no more than 12 months before the date of the application: |
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4 | A statutory declaration confirming the applicant’s identity that: |
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1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 2 June 2021 |
Commenced | 1 July 2021 (r 2) |
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