National Disability Insurance Scheme (Worker Clearance) Regulations 2021 (NT)

Case
No judgment structure available for this case.

NORTHERN TERRITORY OF AUSTRALIA

National disability insurance scheme (worker clearance) REGULATIONS 2021

As in force at 1 July 2021

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Title2Commencement3Definitions4Relative5Corresponding laws6Disqualifying offences7Presumed disqualifying offences8Historic offences9Requirements for application for screening check10Proof of identity documentation11Fees12Response time limit13Application for internal review14Conduct of internal review15Notice of outcome of reviewSchedule 1Corresponding lawsSchedule 2Disqualifying offencesSchedule 3Presumed disqualifying offencesSchedule 4Proof of identity documentationENDNOTES NORTHERN TERRITORY OF AUSTRALIA

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

1Title

These Regulations may be cited as the National Disability Insurance Scheme (Worker Clearance) Regulations 2021.

2Commencement

These Regulations commence on 1 July 2021.

3Definitions

In these Regulations:

person under care, in relation to a person, means a child or vulnerable person who:

  • (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.

relative, see regulation 4.

vulnerable person means an adult who is, or may be, unable to take care of themself or protect themself from harm or exploitation due to age, illness or disability, and includes an adult who has difficulty:

  • (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.

4Relative
  • (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.

5Corresponding laws

For section 7(1) of the Act, definition corresponding law, each law listed in Schedule 1 is prescribed as a corresponding law.

6Disqualifying offences

For section 7(1) of the Act, definition disqualifying offence, the following are prescribed:

  • (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).

7Presumed disqualifying offences

For section 7(1) of the Act, definition presumed disqualifying offence, the following are prescribed:

  • (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).

8Historic offences

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.

9Requirements for application for screening check
  • (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.

    10Proof 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.

11Fees

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.

12Response time limit

For section 17(4) of the Act, the prescribed time is 30 days from the date of the written notice.

13Application for internal review

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.

14Conduct of internal review
  • (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.

15Notice of outcome of 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.

Schedule 1Corresponding laws

regulation 5

Jurisdiction

Corresponding law

Australian Capital Territory

Working with Vulnerable People (Background Checking) Act 2011

Commonwealth

National Disability Insurance Scheme (NDIS Worker Screening Law) Determination 2020

National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018

New South Wales

National Disability Insurance Scheme (Worker Checks) Act 2018

Queensland

Disability Services Act 2006

South Australia

Disability Inclusion Act 2018

Tasmania

Registration to Work with Vulnerable People Act 2013

Victoria

Worker Screening Act 2020

Western Australia

National Disability Insurance Scheme (Worker Screening) Act 2020

Schedule 2Disqualifying offences

regulation 6

  • 1

    Criminal Code

Provision of Act

Qualification

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:

  • (a)

    the victim is a child under 14 years; or

  • (b)

    the victim is a child aged 14 years or over and the offender is at least 5 years older than the victim

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:

  • (a)

    the victim is a child under 14 years; or

  • (b)

    the victim is a child aged 14 years or over and the offender is at least 5 years older than the victim; or

  • (c)

    the victim is a vulnerable person

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

  • 2

    Sex Industry Act 2019

Provision of Act

Qualification

12, 13, 14

  • 3

    Criminal Code (Commonwealth)

Provision of Act

Qualification

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

  • 4

    Crimes (Internationally Protected Persons) Act 1976 (Commonwealth)

Provision of Act

Qualification

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

  • 4

    Customs Act 1901 (Commonwealth)

Provision of Act

Qualification

233BAB

The items are items of child abuse material

Schedule 3Presumed disqualifying offences

regulation 7

  • 1

    Criminal Code

Provision of Act

Qualification

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:

  • (a)

    the victim is a child aged 14 years or over and the offender is less than 5 years older than the victim; or

  • (c)

    the victim is not a child or a vulnerable person

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

  • 2

    Animal Welfare Act 1999

Provision of Act

Qualification

10

  • 3

    Summary Offences Act 1923

Provision of Act

Qualification

60, 60A

The person intended to be defrauded is a child or a vulnerable person

  • 4

    Misuse of Drugs Act 1990

Provision of Act

Qualification

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

  • 5

    Criminal Code (Commonwealth)

Provision of Act

Qualification

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

  • 6

    Crimes (Internationally Protected Persons) Act 1976 (Commonwealth)

Provision of Act

Qualification

8(2)

The attack causes grievous bodily harm, but not death, and the victim is not a child or a vulnerable person

Schedule 4Proof of identity documentation

regulation 10

Part 1 – Category A documents

1

Any of the following documents:

  • (a)

    an Australian birth certificate;

  • (b)

    an Australian citizenship certificate.

2

Any of the following documents that is in force:

  • (a)

    an Australian passport;

  • (b)

    an Australian visa (supported by a foreign passport);

  • (c)

    a document issued by the Commonwealth as evidence of immigration status.

Part 2 – Category B documents

1

Any of the following documents:

  • (a)

    an Australian birth certificate;

  • (b)

    an Australian marriage certificate.

2

Any of the following documents that is in force:

  • (a)

    an Australian passport;

  • (b)

    a document issued by the Commonwealth as evidence of immigration status;

  • (c)

    a foreign passport with a valid entry stamp or visa;

  • (d)

    an identity card, licence or permit issued by a State or Territory or the Commonwealth that contains the applicant’s photograph and date of birth.

Part 3 – Category C documents

1

Any of the following documents that contains the applicant’s full name and is in force

  • (a)

    a non-citizen travel document issued by the Commonwealth;

Examples for paragraph (a)

Certificate of Identity, Convention Travel Document

  • (b)

    an identity document issued by a foreign government;

Example for paragraph (b)

A foreign driver’s licence

  • (c)

    a debit or credit card issued by an Australian financial institution;

  • (d)

    an Australian private health insurance card;

  • (e)

    an identity card issued by an Australian trade association;

  • (f)

    an identity card issued by a State or Territory or the Commonwealth evidencing an entitlement to a government benefit.

Examples for paragraph (f)

Medicare card, Health Care card

2

Any of the following documents that contains the applicant’s full name, is in force and contains a photograph of the applicant:

  • (a)

    an identity card, licence or permit issued by a State or Territory or the Commonwealth that contains the applicant’s date of birth;

  • (b)

    a student identification card issued by an Australian educational institution.

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:

  • (a)

    a document issued by a State or Territory or the Commonwealth evidencing an entitlement to a government benefit;

Example for paragraph (a)

Centrelink statement

  • (b)

    a document evidencing enrolment with the Australian Electoral Commission;

  • (c)

    a credit reference check issued by a credit reporting agency;

  • (d)

    a certified academic transcript from an Australian educational institution;

  • (e)

    a bank statement issued by an Australian financial institution;

  • (f)

    a rates assessment notice issued by a State, Territory or local government council;

  • (g)

    a document issued by the Australian Taxation Office which contains the applicant’s tax file number;

Example for paragraph (g)

A taxation assessment notice

  • (h)

    an Australian utility bill that contains the applicant’s residential address.

4

A statutory declaration confirming the applicant’s identity that:

  • (a)

    is made no more than 12 months before the date of the application; and

  • (b)

    is made by a person who:

  • (i)

    has known the applicant for at least 12 months; and

  • (ii)

    is not a relative of the applicant; and

  • (c)

    has a photograph of the applicant attached which has the applicant’s name written on the back and is signed by the person making the declaration; and

  • (d)

    contains the following information:

  • (i)

    the applicant’s current name and any previous names known to the person making the declaration;

  • (ii)

    the applicant’s current residential address;

  • (iii)

    the applicant’s date of birth;

  • (iv)

    the full name and contact details of the person signing the declaration.

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

National Disability Insurance Scheme (Worker Clearance) Regulations 2021 (SL No. 5 2021)

Notified

2 June 2021

Commenced

1 July 2021 (r 2)

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0