National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

National Disability Insurance Scheme (Worker Checks) Act 2018 No 82

An Act to provide for the screening of workers in connection with the operation of the National Disability Insurance Scheme.

Part 1 Preliminary

1 Name of Act This Act is the National Disability Insurance Scheme (Worker Checks) Act 2018.

2 Commencement This Act commences on the date of assent to this Act.

3 Health, safety and well-being of people with disability to be paramount consideration The health, safety and well-being of people with disability and, in particular, protecting them from abuse, violence, neglect and exploitation is the paramount consideration in the operation of this Act.

4 Interpretation—key definitions

Note— Schedule 1 contains other interpretative provisions. In this Act: disqualified person—see section 5. engage means engage in any of the following capacities: (a) as a paid or unpaid employee, (b) as a self-employed person or as a contractor or subcontractor, (c) as a volunteer. NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth and includes the rules under that Act. NDIS employer means a person who engages a person to do NDIS work. NDIS work means work comprising or in connection with the provision of supports or services to people with disability under the National Disability Insurance Scheme, being work: (a) that is the subject of requirements under the NDIS Act for a person to hold a clearance under this Act or a corresponding law in order to be allowed by a registered NDIS provider to engage in that work, or (b) that the Screening Agency is satisfied is work in respect of which it is otherwise necessary or convenient for a person to hold a clearance to facilitate the person's engagement in that work. NDIS worker check clearance or clearance means a clearance under this Act. presumptively disqualified person—see section 5. risk of harm—see section 13. Screening Agency means the person or body appointed by the Minister by order in writing published in the Gazette as the Screening Agency for the purposes of this Act.