Western Australia National Disability Insurance Scheme (Worker Screening) Act 2020 National Disability Insurance Scheme (Worker Screening) Regulations 2021 Western Australia National Disability Insurance Scheme (Worker Screening) Regulations 2021 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Term used: section 1 Part 2 — General 4. Corresponding laws prescribed (s. 5(1)) 2 5. Criminal records agency prescribed (s. 5(1)) 2 6. Work excluded from definition of NDIS work (s. 5(1)) 2 7. Public authority prescribed (s. 5(1)) 3 8. Class 1 offences and Class 2 offences (s. 6) 3 Part 3 — Information gathering and sharing 9. Laws prescribed for applicable disclosure purposes (s. 34(5)(c)) 5 10. Public authorities prescribed for provision of information (s. 43(1)) 5 11. Authority for disclosure of information prescribed (s. 44(1)) 6 Part 4 — Authorised officers and enforcement 12. Information required for application for entry warrant (s. 64(2)) 8 13. Form of entry warrant (s. 65(3)) 8 Part 5 — Fees 14. Prescribed fees 9 Part 6 — Transitional regulations 15. Terms used 11 16. Section 68(1) does not apply in certain circumstances 11 17. Exceptions to r. 16 12 Schedule 1 — Class 1 offences Schedule 2 — Class 2 offences Schedule 3 — Entry warrant Notes Compilation table 51 Defined terms National Disability Insurance Scheme (Worker Screening) Act 2020 National Disability Insurance Scheme (Worker Screening) Regulations 2021 Part 1 — Preliminary 1. Citation These regulations are the National Disability Insurance Scheme (Worker Screening) Regulations 2021. 2. Commencement These regulations come into operation on the day on which the National Disability Insurance Scheme (Worker Screening) Act 2020 section 81 comes into operation. 3. Term used: section In these regulations — section means a section of the Act. Part 2 — General 4. Corresponding laws prescribed (s. 5(1)) For the purposes of paragraph (b) of the definition of corresponding law in section 5(1), the following laws are corresponding laws for the purposes of the Act — (a) the Disability Inclusion Act 2018 (South Australia); (b) the Disability Services Act 2006 (Queensland); (c) the National Disability Insurance Scheme (Worker Checks) Act 2018 (New South Wales); (d) the National Disability Insurance Scheme (Worker Clearance) Act 2020 (Northern Territory); (e) the Registration to Work with Vulnerable People Act 2013 (Tasmania); (f) the Worker Screening Act 2020 (Victoria); (g) the Working with Vulnerable People (Background Checking) Act 2011 (Australian Capital Territory). 5. Criminal records agency prescribed (s. 5(1)) For the purposes of paragraph (d)(ii) of the definition of criminal records agency in section 5(1), the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Commonwealth) section 7 is a criminal records agency. 6. Work excluded from definition of NDIS work (s. 5(1)) (1) For the purposes of paragraph (c) of the definition of NDIS work in section 5(1), NDIS work does not include work that is carried out — (a) by a secondary school student on a formal work experience placement with a registered NDIS provider; and (b) in circumstances where the secondary school student is directly supervised by a suitable person. (2) For the purposes of subregulation (1)(b), a person is a suitable person if the person is employed or otherwise engaged by the registered NDIS provider referred to in subregulation (1)(a) and either — (a) the person is the holder of an NDIS worker check clearance certificate that is not suspended; or (b) under Part 6, section 68(1) does not apply to the person in relation to starting or continuing to be employed or otherwise engaged by the registered NDIS provider in NDIS work which involves (wholly or in part) a risk assessed role. 7. Public authority prescribed (s. 5(1)) For the purposes of paragraph (d) of the definition of public authority in section 5(1), the Aged Care Quality and Safety Commission established under the Aged Care Quality and Safety Commission Act 2018 (Commonwealth) section 11 is a public authority. 8. Class 1 offences and Class 2 offences (s. 6) (1) For the purposes of section 6(1)(c), an offence against a provision listed in Schedule 1 is a Class 1 offence (if the offence complies with any condition specified in that Schedule). (2) For the purposes of section 6(2)(c), an offence against a provision listed in Schedule 2 is a Class 2 offence (if the offence complies with any condition specified in that Schedule). (3) For the purposes of Schedule 1 or 2, an offence falls within the ambit of this subregulation if — (a) the victim of the offence is a child who has reached 14 years of age; and (b) the age difference between the victim and the offender does not exceed 5 years. Part 3 — Information gathering and sharing 9. Laws prescribed for applicable disclosure purposes (s. 34(5)(c)) For the purposes of section 34(5)(c), the following laws are prescribed — (a) the Disability Act 2006 (Victoria); (b) the Disability Services Act 1993 (South Australia); (c) the Disability Services Act 2006 (Queensland); (d) the Disability Service Safeguards Act 2018 (Victoria); (e) the Working with Vulnerable People (Background Checking) Act 2011 (Australian Capital Territory). 10. Public authorities prescribed for provision of information (s. 43(1)) For the purposes of section 43(1), the following public authorities are prescribed — (a) the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004; (b) the department of the Public Service principally assisting in the administration of the Transport (Road Passenger Services) Act 2018; (c) the department of the Public Service principally assisting in the administration of the Police Act 1892; (d) the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law (Western Australia) section 23; (e) the Aged Care Quality and Safety Commission established under the Aged Care Quality and Safety Commission Act 2018 (Commonwealth) section 11. 11. Authority for disclosure of information prescribed (s. 44(1)) For the purposes of paragraph (c) of the definition of prescribed authority in section 44(1), each of the following is a prescribed authority — (a) the CEO as defined in the Care and Protection of Children Act 2007 (Northern Territory) section 13; (b) the Chief Executive as defined in the Children and Young People (Safety) Act 2017 (South Australia) section 16(1); (c) the Adult Safeguarding Unit established in accordance with the Ageing and Adult Safeguarding Act 1995 (South Australia) section 13; (d) the Secretary as defined in the Children, Youth and Families Act 2005 (Victoria) section 3(1); (e) the director‑general referred to in the Children and Young People Act 2008 (Australian Capital Territory) section 22 and as defined in the Legislation Act 2001 (Australian Capital Territory) section 163; (f) the director‑general referred to in the Disability Services Act 1991 (Australian Capital Territory) section 8F and as defined in the Legislation Act 2001 (Australian Capital Territory) section 163; (g) the Secretary as defined in the Children and Young Persons (Care and Protection) Act 1998 (New South Wales) section 3(1); (h) the chief executive referred to in the Child Protection Act 1999 (Queensland) section 7(1) and as defined in the Acts Interpretation Act 1954 (Queensland) section 33(11); (i) the chief executive referred to in the Disability Services Act 2006 (Queensland) section 40 and as defined in the Acts Interpretation Act 1954 (Queensland) section 33(11); (j) the Secretary as defined in the Children, Young Persons and Their Families Act 1997 (Tasmania) section 3(1). Part 4 — Authorised officers and enforcement 12. Information required for application for entry warrant (s. 64(2)) For the purposes of section 64(2)(a), an application for an entry warrant must include the following information — (a) the applicant's full name and official details; (b) the place in relation to which the warrant is being sought; (c) the suspected offence that is being investigated; (d) the grounds on which the applicant considers that entry to the place is necessary; (e) the time period for which the warrant is required; (f) a statement to the best of the applicant's knowledge about whether an application for an entry warrant for the same place has been made under section 64(1) within the previous 72 hours and, if so, whether or not a warrant was issued. 13. Form of entry warrant (s. 65(3)) For the purposes of section 65(3), an entry warrant must be in the form set out in Schedule 3. Part 5 — Fees 14. Prescribed fees (1) In this regulation — Centrelink means the program known as Centrelink delivered by Services Australia; concessional applicant means an applicant who — (a) holds 1 or more of the following cards issued by Centrelink — (i) a health care card; (ii) a low income health care card; (iii) a pensioner concession card; (iv) a Commonwealth seniors health card; or (b) holds any other card issued by Centrelink or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; Department of Veterans' Affairs means the department of State of the Commonwealth assisting in the administration of the Veterans' Entitlements Act 1986 (Commonwealth); Services Australia means the Commonwealth agency known as Services Australia. (2) For the purposes of section 10(3)(b), the fee for an application for an NDIS worker check clearance is — (a) if the applicant is, or is to be, remunerated for any of the NDIS work that the person is, or is proposed to be, engaged in (including as a self‑employed person or as a contractor or subcontractor) — (i) if the applicant is a concessional applicant — $80; or (ii) otherwise — $145; or (b) if paragraph (a) does not apply — $11. (3) For the purposes of section 28(5)(b), the fee for an application for the cancellation of an NDIS worker check exclusion certificate is $145. (4) For the purposes of section 46(2)(b), the fee for an application for an internal review of a designated decision is as follows — (a) if the decision is imposing an interim bar under section 13 — $14.50; (b) if the decision is refusing to grant an NDIS worker check clearance under section 15 — $36.25; (c) if the decision is suspending an NDIS worker check clearance certificate under section 24 — $14.50; (d) if the decision is cancelling an NDIS worker check clearance certificate under section 25(1) — $36.25; (e) if the decision is refusing to cancel an NDIS worker check exclusion certificate under section 28 — $36.25. (5) For the purposes of section 47(2)(b), the fee for an application for an extension of time for making an application for an internal review is $14.50. (6) The CEO may reduce, waive or refund, in whole or in part, a fee referred to in subregulations (2) to (5) in a particular case if the CEO considers it appropriate to do so in the circumstances of the case. Part 6 — Transitional regulations 15. Terms used In this Part — commencement day means the day on which the National Disability Insurance Scheme (Worker Screening) Act 2020 (other than Part 1 and section 23) comes into operation; Commonwealth Rules means the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 (Commonwealth) as in force from time to time. 16. Section 68(1) does not apply in certain circumstances (1) Section 68(1) does not apply to a person in relation to starting or continuing to be employed or otherwise engaged by a registered NDIS provider in NDIS work which involves (wholly or in part) a risk assessed role (NDIS work in a risk assessed role) if — (a) the person had been employed or otherwise engaged by the registered NDIS provider in NDIS work in a risk assessed role on a day (engagement day) before commencement day; and (b) the person has been continuously employed or otherwise engaged by the registered NDIS provider in NDIS work in a risk assessed role since engagement day; and (c) at the time the person starts or continues to be employed or otherwise engaged by the registered NDIS provider in NDIS work in a risk assessed role, the person has an acceptable WA check under the Commonwealth Rules section 29A. (2) Subregulation (1) ceases to have effect at the beginning of 1 February 2023. (3) Section 68(1) does not apply to a person in relation to starting or continuing to be employed or otherwise engaged by a registered NDIS provider in NDIS work which involves (wholly or in part) a risk assessed role if — (a) under the Commonwealth Rules section 29B(1), section 29B of those rules applies to the registered NDIS provider at the time the person starts or continues to be employed or otherwise engaged by the registered NDIS provider in the NDIS work; and (b) the person has an acceptable aged care provider check under the Commonwealth Rules section 29B. (4) Subregulation (3) ceases to have effect at the end of 1 February 2024. 17. Exceptions to r. 16 (1) Regulation 16(1) does not apply to a person if — (a) the national police check used for the purposes of the person's acceptable WA check under the Commonwealth Rules section 29A (the relevant national police check) includes a pending charge for a Class 1 offence or a Class 2 offence, in each case alleged to have been committed by the person when an adult; or (b) the person is, on or after the day on which the relevant national police check was issued, charged with or convicted of a Class 1 offence or a Class 2 offence. (2) Subregulation (3) applies to a person (the relevant person) if the CEO — (a) is in possession of information that applies under section 18(3); and (b) considers that there may be an unacceptable risk that the relevant person may cause harm to people with disability in the course of carrying out NDIS work; and (c) has given written notice to the relevant person and to each registered NDIS provider that, to the knowledge of the CEO, employs or engages the relevant person that on and after a date (the relevant date) specified in the notice (being the date that is 5 days after the date of the notice) section 68(1) applies to the relevant person. (3) On and after the relevant date, regulation 16 does not apply to the relevant person. (4) Regulation 16 does not apply to a person if the person has applied for an NDIS worker check clearance under the Act or any corresponding law (whether or not the application has been, or is taken to have been, withdrawn under section 16). Schedule 1 — Class 1 offences [r. 8] Provision Description of offence Condition Offences under The Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth) s. 71.2(1) Murder of a UN or associated person s. 71.4(1) Intentionally causing serious harm to a UN or associated person The victim is a child or a vulnerable person s. 71.5(1) Recklessly causing serious harm to a UN or associated person The victim is a child or a vulnerable person s. 71.8(1) Unlawful sexual penetration of a UN or associated person The victim is a child or a vulnerable person s. 71.9(1) Kidnapping a UN or associated person The victim is a child or a vulnerable person, other than where the victim is a child and the offender is a family member of the child s. 71.10(1) Unlawful detention of UN or associated person The victim is a child or a vulnerable person, other than where the victim is a child and the offender is a family member of the child s. 73.2(1) Aggravated offence of people smuggling (danger of death or serious harm) The victim is a child or a vulnerable person s. 73.3(1) Aggravated offence of people smuggling, of at least 5 people At least 1 of the victims is a child or a vulnerable person s. 73.3A(1) Supporting the offence of people smuggling 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 s. 115.1(1) Murder of an Australian citizen or a resident of Australia s. 115.3(1) Intentionally causing serious harm to an Australian citizen or a resident of Australia The victim is a child or a vulnerable person s. 268.3 Genocide by killing s. 268.4(1) Genocide by causing serious bodily or mental harm At least 1 of the persons to whom serious bodily or mental harm is caused is a child or a vulnerable person s. 268.5(1) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction s. 268.6 Genocide by imposing measures intended to prevent births s. 268.7(1) Genocide by forcibly transferring children s. 268.8 Crime against humanity — murder s. 268.9(1) Crime against humanity — extermination s. 268.10(1) Crime against humanity — enslavement At least 1 of the persons over whom any or all of the powers attaching to the right of ownership is exercised is a child or a vulnerable person s. 268.13 Crime against humanity — torture At least 1 of the persons upon whom severe physical or mental pain or suffering is inflicted is a child or a vulnerable person s. 268.14(1) or (2) Crime against humanity — rape The person who is sexually penetrated is a child or a vulnerable person s. 268.15(1) Crime against humanity — sexual slavery The person who the perpetrator causes to enter into or remain in sexual slavery is a child or a vulnerable person s. 268.16(1) Crime against humanity — enforced prostitution At least 1 of the persons who the perpetrator causes to engage in an act of a sexual nature is a child or a vulnerable person s. 268.19(1) Crime against humanity —sexual violence At least 1 of the persons against whom the act of a sexual nature is committed, or whom the perpetrator causes to engage in an act of a sexual nature, is a child or a vulnerable person s. 268.21(1) or (2) Crime against humanity — enforced disappearance of persons At least 1 of the persons who are arrested, detained or abducted is a child or a vulnerable person s. 268.24(1) War crime — wilful killing s. 268.25(1) War crime — torture At least 1 of the victims is a child or a vulnerable person s. 268.26(1) War crime — inhumane treatment At least 1 of the victims is a child or a vulnerable person s. 268.27(1) War crime — biological experiments At least 1 of the victims is a child or a vulnerable person s. 268.28(1) War crime — wilfully causing great suffering At least 1 of the victims is a child or a vulnerable person s. 268.38(1) War crime — excessive incidental death, injury or damage The offence causes death s. 268.40(1) War crime — killing a person who is hors de combat s. 268.40(2) War crime — injuring a person who is hors de combat At least 1 of the victims is a child or a vulnerable person s. 268.41 War crime — improper use of a flag of truce The perpetrator's conduct results in death s. 268.42 War crime — improper use of a flag, insignia or uniform of the adverse party The perpetrator's conduct results in death s. 268.43 War crime — improper use of a flag, insignia or uniform of the United Nations The perpetrator's conduct results in death s. 268.44(1) War crime — improper use of the distinctive emblems of the Geneva Conventions The perpetrator's conduct results in death s. 268.47(1) War crime — mutilation causing death s. 268.47(2) War crime — mutilation At least 1 of the victims is a child or a vulnerable person s. 268.48(1) War crime — medical or scientific experiment causing death s. 268.48(2) War crime — medical or scientific experiments At least 1 of the victims is a child or a vulnerable person s. 268.49(1) War crime — treacherously killing s. 268.50 War crime — denying quarter The offence causes death s. 268.55 War crime — employing poison or poisoned weapons The offence causes death s. 268.56 War crime — employing prohibited gases, liquids, materials or devices The offence causes death s. 268.59(1) or (2) War crime — rape The victim is a child or a vulnerable person s. 268.60(1) War crime — sexual slavery The victim is a child or a vulnerable person s. 268.61(1) War crime — enforced prostitution At least 1 of the victims is a child or a vulnerable person s. 268.64(1) War crime — sexual violence At least 1 of the victims is a child or a vulnerable person s. 268.65(1) War crime — using protected persons as shields The conduct results in the death of any of the persons referred to in paragraph (a) of the provision s. 268.70(1) War crime — murder s. 268.71(1) War crime — mutilation causing death s. 268.71(2) War crime — mutilation At least 1 of the victims is a child or a vulnerable person s. 268.73(1) War crime — torture At least 1 of the victims is a child or a vulnerable person s. 268.76(2) War crime — execution without due process s. 268.82(1) or (2) War crime — rape The victim is a child or a vulnerable person s. 268.83(1) War crime — sexual slavery The victim is a child or a vulnerable person s. 268.84(1) War crime — enforced prostitution At least 1 of the victims is a child or a vulnerable person s. 268.87(1) War crime — sexual violence At least 1 of the victims is a child or a vulnerable person s. 268.90(1) War crime — treacherously killing s. 268.91 War crime — denying quarter The offence causes death s. 268.92(1) War crime — mutilation causing death s. 268.92(2) War crime — mutilation At least 1 of the victims is a child or a vulnerable person s. 268.93(1) War crime — medical or scientific experiment causing death s. 268.93(2) War crime — medical or scientific experiment At least 1 of the victims is a child or a vulnerable person s. 268.97 War crime — attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians The attack results in death s. 268.98 War crime — attacking undefended places or demilitarized zones The attack results in death s. 270.3(1) or (2) Slavery offences The victim is a child or a vulnerable person s. 270.5(1) Causing a person to enter into or remain in servitude The victim is a child or a vulnerable person s. 270.5(2) Conducting a business involving servitude At least 1 of the victims is a child or a vulnerable person s. 270.6A(1) Causing a person to enter into or remain in forced labour The victim is a child or a vulnerable person s. 270.6A(2) Conducting a business involving forced labour At least 1 of the victims is a child or a vulnerable person s. 270.7 Deceptive recruiting for labour or services The victim is a child or a vulnerable person s. 270.7B(1) or (2) Forced marriage offences The victim is a child or a vulnerable person s. 270.7C Debt bondage The victim is a child or a vulnerable person s. 271.2(1), (1A), (1B), (1C), (2), (2A), (2B) or (2C) Trafficking in persons The victim is a child or a vulnerable person s. 271.3(1) Trafficking in persons — aggravated offence The victim is a child or a vulnerable person s. 271.4(1) or (2) Trafficking in children s. 271.5(1), (2), (2A) or (2B) Domestic trafficking in persons The victim is a child or a vulnerable person s. 271.6(1) Domestic trafficking in persons — aggravated offence The victim is a child or a vulnerable person s. 271.7 Domestic trafficking in children s. 271.7B(1) or (2) Organ trafficking — entry into and exit from Australia The victim is a child or a vulnerable person s. 271.7C(1) Organ trafficking — aggravated offence The victim is a child or a vulnerable person s. 271.7D Domestic organ trafficking The victim is a child or a vulnerable person s. 271.7E(1) Domestic organ trafficking — aggravated offence The victim is a child or a vulnerable person s. 272.8(1) or (2) Sexual intercourse with child outside Australia The offence does not fall within the ambit of regulation 8(3) s. 272.9(1) or (2) Sexual activity (other than sexual intercourse) with child outside Australia The offence does not fall within the ambit of regulation 8(3) s. 272.10(1) Aggravated offence — sexual intercourse or other sexual activity with child outside Australia s. 272.11(1) Persistent sexual abuse of child outside Australia s. 272.12(1) or (2) Sexual intercourse with young person outside Australia — defendant in position of trust or authority s. 272.13(1) or (2) Sexual activity (other than sexual intercourse) with young person outside Australia — defendant in position of trust or authority s. 272.14(1) Procuring child to engage in sexual activity outside Australia s. 272.15(1) "Grooming" child to engage in sexual activity outside Australia s. 272.15A(1) "Grooming" person to make it easier to engage in sexual activity with a child outside Australia s. 272.18(1) Benefitting from child sex offence outside Australia s. 272.19(1) Encouraging child sex offence outside Australia s. 272.20(1) or (2) Preparing for or planning child sex offence outside Australia s. 273.6(1) Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia s. 273.7(1) Aggravated offence — offence against s. 273.6 involving conduct on 3 or more occasions and 2 or more people s. 273A.1 Possession of child‑like sex doll or other child‑like sex object intended to be used to simulate sexual intercourse s. 274.2(1) or (2) Torture The victim is a child or a vulnerable person s. 471.19(1) or (2) Using a postal or similar service for child abuse material s. 471.20(1) Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service s. 471.22(1) Aggravated offence — offence against s. 471.19 or 471.20 involving conduct on 3 or more occasions and 2 or more people s. 471.24(1), (2) or (3) Using a postal or similar service to procure persons under 16 s. 471.25(1), (2) or (3) Using a postal or similar service to "groom" persons under 16 s. 471.25A(1), (2) or (3) Using a postal or similar service to "groom" another person to make it easier to procure persons under 16 s. 471.26(1) Using a postal or similar service to send indecent material to person under 16 s. 474.22(1) Using a carriage service for child abuse material s. 474.22A(1) Possessing or controlling child abuse material obtained or accessed using a carriage service The offence does not fall within the ambit of regulation 8(3) s. 474.23(1) Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service s. 474.23A(1) Conduct for the purposes of electronic service used for child abuse material s. 474.24A(1) Aggravated offence — offence against s. 474.22, 474.22A or 474.23 involving conduct on 3 or more occasions and 2 or more people s. 474.25A(1) Engaging in sexual activity with child using a carriage service The offence does not fall within the ambit of regulation 8(3) s. 474.25A(2) Causing child to engage in sexual activity using a carriage service s. 474.25B(1) Aggravated offence — using a carriage service for sexual activity with person under 16 years of age s. 474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16 s. 474.26(1), (2) or (3) Using a carriage service to procure persons under 16 years of age s. 474.27(1), (2) or (3) Using a carriage service to "groom" persons under 16 years of age s. 474.27AA(1), (2) or (3) Using a carriage service to "groom" another person to make it easier to procure persons under 16 years of age s. 474.27A(1) Using a carriage service to transmit indecent communication to person under 16 years of age The offence does not fall within the ambit of regulation 8(3) Offences under the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) The victim is murdered s. 8(1) Murder or kidnap of an internationally protected person or The victim is kidnapped, but not murdered, and the victim is a child or a vulnerable person, other than where the victim is a child and the offender is a family member of the child The attack causes death s. 8(2) Attacking an internationally protected person or The attack causes grievous bodily harm, but not death, and the victim is a child or a vulnerable person Offences under the Customs Act 1901 (Commonwealth) s. 233BAB(5) or (6) Special offence relating to tier 2 goods The offence involves goods that are items of child abuse material Schedule 2 — Class 2 offences [r. 8] Provision Description of offence Condition Offences under The Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth) s. 71.3(1) Manslaughter of a UN or associated person s. 71.4(1) Intentionally causing serious harm to a UN or associated person The victim is a person other than a child or a vulnerable person s. 71.5(1) Recklessly causing serious harm to a UN or associated person The victim is a person other than a child or a vulnerable person s. 71.8(1) Unlawful sexual penetration of a UN or associated person The victim is a person other than a child or a vulnerable person The victim is a person other than a child or a vulnerable person s. 71.9(1) Kidnapping a UN or associated person or The victim is a child and the offender is a family member of the child The victim is a person other than a child or a vulnerable person s. 71.10(1) Unlawful detention of UN or associated person or The victim is a child and the offender is a family member of the child s. 73.2(1) Aggravated offence of people smuggling (danger of death or serious harm) The victim is a person other than a child or a vulnerable person s. 73.3(1) Aggravated offence of people smuggling, of at least 5 people Each of the victims is a person other than a child or a vulnerable person s. 73.3A(1) Supporting the offence of people smuggling 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 s. 73.8 Making, providing or possessing a false travel or identity document The offence affects or involves a child or a vulnerable person s. 73.9(1) Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats The offence affects or involves a child or a vulnerable person s. 73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user The offence affects or involves a child or a vulnerable person s. 80.1(1) or (2) Treason s. 80.1AA(1) Treason — assisting enemy to engage in armed conflict s. 80.1AC Treachery s. 80.2(1) or (3), as in force on and after 25 November 2010 Urging the overthrow of the Constitution or Government by force or violence or urging interference in Parliamentary elections or constitutional referenda by force or violence s. 80.2(1), (3), (7) or (8), as in force before 25 November 2010 Sedition s. 80.2(5) as in force before 22 December 2010 Sedition s. 80.2A(1) or (2) Urging violence against groups s. 80.2B(1) or (2) Urging violence against members of groups s. 80.2C(1) Advocating terrorism s. 80.2D(1) Advocating genocide s. 82.3(1) Sabotage involving foreign principal with intention as to national security s. 82.4(1) Sabotage involving foreign principal reckless as to national security s. 82.5(1) Sabotage with intention as to national security s. 82.6(1) Sabotage reckless as to national security s. 82.7 Introducing vulnerability with intention as to national security s. 82.8 Introducing vulnerability reckless as to national security s. 82.9(1) Preparing for or planning sabotage offence s. 83.1(1) Advocating mutiny s. 83.2(1) Assisting prisoners of war to escape s. 83.3(1) Military‑style training involving foreign government principal s. 91.1(1) or (2) Espionage — dealing with information concerning national security which is or will be communicated or made available to foreign principal s. 91.2(1) or (2) Espionage — dealing with information which is or will be communicated or made available to foreign principal s. 91.3(1) Espionage — security classified information s. 91.6(1) Aggravated espionage offence s. 91.8(1), (2) or (3) Espionage on behalf of foreign principal s. 91.11(1) Soliciting or procuring an espionage offence or making it easier to do so s. 91.12(1) Preparing for an espionage offence s. 92.2(1) or (2) Intentional foreign interference s. 92.3(1) or (2) Reckless foreign interference s. 92.4(1) Preparing for a foreign interference offence s. 92.7 Knowingly supporting foreign intelligence agency s. 92.8 Recklessly supporting foreign intelligence agency s. 92.9 Knowingly funding or being funded by foreign intelligence agency s. 92.10 Recklessly funding or being funded by foreign intelligence agency s. 92A.1(1) Theft of trade secrets involving foreign government principal s. 101.1(1) Terrorist acts s. 101.2(1) or (2) Providing or receiving training connected with terrorist acts s. 101.4(1) or (2) Possessing things connected with terrorist acts s. 101.5(1) or (2) Collecting or making documents likely to facilitate terrorist acts s. 101.6(1) Other acts done in preparation for, or planning, terrorist acts s. 102.2(1) or (2) Directing the activities of a terrorist organisation s. 102.3(1) Membership of a terrorist organisation s. 102.4(1) or (2) Recruiting for a terrorist organisation s. 102.5(1) or (2) Training involving a terrorist organisation s. 102.6(1) or (2) Getting funds to, from or for a terrorist organisation s. 102.7(1) or (2) Providing support to a terrorist organisation s. 102.8(1) or (2) Associating with terrorist organisations s. 103.1(1) Financing terrorism s. 103.2(1) Financing a terrorist s. 115.2(1) Manslaughter of an Australian citizen or a resident of Australia s. 115.3(1) Intentionally causing serious harm to an Australian citizen or a resident of Australia The victim is a person other than a child or a vulnerable person s. 115.4(1) Recklessly causing serious harm to an Australian citizen or a resident of Australia s. 119.1(1) Entering foreign countries with the intention of engaging in hostile activities s. 119.1(2) Engaging in a hostile activity in a foreign country s. 119.4(1), (2), (3), (4) or (5) Preparations for incursions into foreign countries for purpose of engaging in hostile activities s. 122.1(1), (2), (3) or (4) Communication and other dealings with inherently harmful information by current and former Commonwealth officers s. 122.2(1), (2), (3) or (4) Conduct by current and former Commonwealth officers causing harm to Australia's interests s. 122.3(1) Aggravated offence against s. 122.1 or 122.2 s. 122.4(1) Unauthorised disclosure of information by current and former Commonwealth officers s. 142.2(1) or (2) Abuse of public office The offender intends to dishonestly cause a detriment to another person and the other person is a child or a vulnerable person s. 144.1(1), (3), (5) or (7) Forgery The offence affects or involves a child or a vulnerable person s. 145.1(1), (3), (5) or (7) Using forged document The offence affects or involves a child or a vulnerable person s. 145.2(1), (3), (5) or (7) Possession of forged document The offence affects or involves a child or a vulnerable person s. 145.4(1) Falsification of documents The offence affects or involves a child or a vulnerable person s. 145.5(1) Giving information derived from false or misleading documents The offence affects or involves a child or a vulnerable person s. 148.1(1) or (3) Impersonation of an official by a non‑ official The offence affects or involves a child or a vulnerable person s. 148.2(1) or (3) Impersonation of an official by another official The offence affects or involves a child or a vulnerable person s. 268.4(1) Genocide by causing serious bodily or mental harm Each person to whom serious bodily or mental harm is caused is a person other than a child or a vulnerable person s. 268.10(1) Crime against humanity — enslavement Each person over whom any or all of the powers attaching to the right of ownership is exercised is a person other than a child or a vulnerable person s. 268.11(1) Crime against humanity — deportation or forcible transfer of population s. 268.12(1) Crime against humanity — imprisonment or other severe deprivation of physical liberty s. 268.13 Crime against humanity — torture Each person upon whom severe physical or mental pain or suffering is inflicted is a person other than a child or a vulnerable person s. 268.14(1) or (2) Crime against humanity — rape The person who is sexually penetrated is a person other than a child or a vulnerable person s. 268.15(1) Crime against humanity — sexual slavery The person who the perpetrator causes to enter into or remain in sexual slavery is a person other than a child or a vulnerable person s. 268.16(1) Crime against humanity — enforced prostitution Each person who the perpetrator causes to engage in an act of a sexual nature is a person other than a child or a vulnerable person s. 268.17(1) Crime against humanity — forced pregnancy s. 268.18(1) Crime against humanity — enforced sterilisation s. 268.19(1) Crime against humanity —sexual violence Each person against whom the perpetrator commits an act of a sexual nature, or whom the perpetrator causes to engage in an act of a sexual nature, is a person other than a child or a vulnerable person s. 268.20(1) Crime against humanity — persecution s. 268.21(1) or (2) Crime against humanity — enforced disappearance of persons Each person who is arrested, detained or abducted is a person other than a child or a vulnerable person s. 268.22 Crime against humanity — apartheid s. 268.23 Crime against humanity — other inhumane act s. 268.25(1) War crime — torture Each victim is a person other than a child or a vulnerable person s. 268.26(1) War crime — inhumane treatment Each victim is a person other than a child or a vulnerable person s. 268.27(1) War crime — biological experiments Each victim is a person other than a child or a vulnerable person s. 268.28(1) War crime — wilfully causing great suffering Each victim is a person other than a child or a vulnerable person s. 268.29(1) War crime — destruction and appropriation of property s. 268.30(1) War crime — compelling service in hostile forces s. 268.31(1) War crime — denying a fair trial s. 268.32(1) War crime — unlawful deportation or transfer s. 268.33(1) War crime — unlawful confinement s. 268.34(1) War crime — taking hostages s. 268.35 War crime — attacking civilians s. 268.36 War crime — attacking civilian objects s. 268.37(1) or (2) War crime — attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission s. 268.38(1) War crime — excessive incidental death, injury or damage The offence does not cause death s. 268.39 War crime — attacking undefended places s. 268.40(2) War crime — injuring a person who is hors de combat Each victim is a person other than a child or a vulnerable person s. 268.41 War crime — improper use of a flag of truce The perpetrator's conduct does not result in death s. 268.42 War crime — improper use of a flag, insignia or uniform of the adverse party The perpetrator's conduct does not result in death s. 268.43 War crime — improper use of a flag, insignia or uniform of the United Nations The perpetrator's conduct does not result in death s. 268.44(1) War crime — improper use of the distinctive emblems of the Geneva Conventions The perpetrator's conduct does not result in death s. 268.45 War crime — transfer of population s. 268.46(1) War crime — attacking protected objects s. 268.47(2) War crime — mutilation Each victim is a person other than a child or a vulnerable person s. 268.48(2) War crime — medical or scientific experiments Each victim is a person other than a child or a vulnerable person s. 268.49(2) War crime — treacherously injuring s. 268.50 War crime — denying quarter The offence does not cause death s. 268.51(1) War crime — destroying or seizing the enemy's property s. 268.52 War crime — depriving nationals of the adverse power of rights or actions s. 268.53(1) War crime — compelling participation in military operations s. 268.54 War crime — pillaging s. 268.55 War crime — employing poison or poisoned weapons The offence does not cause death s. 268.56 War crime — employing prohibited gases, liquids, materials or devices The offence does not cause death s. 268.57(1) War crime — employing prohibited bullets s. 268.58(1) or (2) War crime — outrages upon personal dignity s. 268.59(1) or (2) War crime — rape The victim is a person other than a child or a vulnerable person s. 268.60(1) War crime — sexual slavery The victim is a person other than a child or a vulnerable person s. 268.61(1) War crime — enforced prostitution Each victim is a person other than a child or a vulnerable person s. 268.62(1) War crime — forced pregnancy s. 268.63(1) War crime — enforced sterilisation s. 268.64(1) War crime — sexual violence Each victim is a person other than a child or a vulnerable person s. 268.65(1) War crime — using protected persons as shields The conduct does not result in the death of any of the persons referred to in paragraph (a) of the provision s. 268.66(1) or (2) War crime — attacking persons or objects using the distinctive emblems of the Geneva Conventions s. 268.67(1) War crime — starvation as a method of warfare s. 268.68(1), (2), (3), (4), (5) or (6) War crime — using, conscripting or enlisting children s. 268.71(2) War crime — mutilation Each victim is a person other than a child or a vulnerable person s. 268.72(1) War crime — cruel treatment s. 268.73(1) War crime — torture Each victim is a person other than a child or a vulnerable person s. 268.74(1) War crime — outrages upon personal dignity s. 268.75(1) War crime — taking hostages s. 268.76(1) War crime — sentencing without due process s. 268.77 War crime — attacking civilians s. 268.78(1) or (2) War crime — attacking persons or objects using the distinctive emblems of the Geneva Conventions s. 268.79(1) or (2) War crime — attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission s. 268.80(1) War crime — attacking protected objects s. 268.81 War crime — pillaging s. 268.82(1) or (2) War crime — rape The victim is a person other than a child or a vulnerable person s. 268.83(1) War crime — sexual slavery The victim is a person other than a child or a vulnerable person s. 268.84(1) War crime — enforced prostitution Each victim is a person other than a child or a vulnerable person s. 268.85(1) War crime — forced pregnancy s. 268.86(1) War crime — enforced sterilisation s. 268.87(1) War crime — sexual violence Each victim is a person other than a child or a vulnerable person s. 268.88(1), (2), (3), (4), (5) or (6) War crime — using, conscripting or enlisting children s. 268.89 War crime —displacing civilians s. 268.90(2) War crime — treacherously injuring s. 268.91 War crime — denying quarter The offence does not cause death s. 268.92(2) War crime — mutilation Each victim is a person other than a child or a vulnerable person s. 268.93(2) War crime — medical or scientific experiments Each victim is a person other than a child or a vulnerable person s. 268.94(1) War crime — destroying or seizing an adversary's property s. 268.95 War crime — medical procedure s. 268.96(1) War crime — removal of blood, tissue or organs for transplantation s. 268.97 War crime — attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians The attack does not result in death s. 268.98 War crime — attacking undefended places or demilitarized zones The attack does not result in death s. 268.99(1) War crime — unjustifiable delay in the repatriation of prisoners of war or civilians s. 268.100 War crime — apartheid s. 268.101 War crime — attacking protected objects s. 270.3(1) or (2) Slavery offences The victim is a person other than a child or a vulnerable person s. 270.5(1) Causing a person to enter into or remain in servitude The victim is a person other than a child or a vulnerable person s. 270.5(2) Conducting a business involving servitude Each victim is a person other than a child or a vulnerable person s. 270.6A(1) Causing a person to enter into or remain in forced labour The victim is a person other than a child or a vulnerable person s. 270.6A(2) Conducting a business involving forced labour Each victim is a person other than a child or a vulnerable person s. 270.7 Deceptive recruiting for labour or services The victim is a person other than a child or a vulnerable person s. 270.7B(1) or (2) Forced marriage offences The victim is a person other than a child or a vulnerable person s. 270.7C Debt bondage The victim is a person other than a child or a vulnerable person s. 271.2(1), (1A), (1B), (1C), (2), (2A), (2B) or (2C) Trafficking in persons The victim is a person other than a child or a vulnerable person s. 271.3(1) Trafficking in persons — aggravated offence The victim is a person other than a child or a vulnerable person s. 271.5(1), (2), (2A) or (2B) Domestic trafficking in persons The victim is a person other than a child or a vulnerable person s. 271.6(1) Domestic trafficking in persons — aggravated offence The victim is a person other than a child or a vulnerable person s. 271.7B(1) or (2) Organ trafficking — entry into and exit from Australia The victim is a person other than a child or a vulnerable person s. 271.7C(1) Organ trafficking — aggravated offence The victim is a person other than a child or a vulnerable person s. 271.7D Domestic organ trafficking The victim is a person other than a child or a vulnerable person s. 271.7E(1) Domestic organ trafficking — aggravated offence The victim is a person other than a child or a vulnerable person s. 272.8(1) or (2) Sexual intercourse with child outside Australia The offence falls within the ambit of regulation 8(3) s. 272.9(1) or (2) Sexual activity (other than sexual intercourse) with child outside Australia The offence falls within the ambit of regulation 8(3) s. 273B.4(1) Failing to protect child at risk of child sexual abuse offence s. 274.2(1) or (2) Torture The victim is a person other than a child or a vulnerable person s. 302.2(1) Trafficking commercial quantities of controlled drugs s. 303.4(1) Cultivating commercial quantities of controlled plants s. 304.1(1) Selling commercial quantities of controlled plants s. 305.3(1) Manufacturing commercial quantities of controlled drugs s. 305.4(1) Manufacturing marketable quantities of controlled drugs The commission of the offence exposes a child or a vulnerable person to the manufacture of a controlled drug s. 305.5(1) Manufacturing controlled drugs The commission of the offence exposes a child or a vulnerable person to the manufacture of a controlled drug s. 306.2(1) Pre‑trafficking commercial quantities of controlled precursors The commission of the offence exposes a child or a vulnerable person to a controlled precursor intended to be used for the manufacture of a controlled drug or the manufacture of a controlled precursor s. 306.3(1) Pre‑trafficking marketable quantities of controlled precursors The commission of the offence exposes a child or a vulnerable person to a controlled precursor intended to be used for the manufacture of a controlled drug or the manufacture of a controlled precursor s. 306.4(1) Pre‑trafficking controlled precursors The commission of the offence exposes a child or a vulnerable person to a controlled precursor intended to be used for the manufacture of a controlled drug or the manufacture of a controlled precursor s. 307.1(1) Importing and exporting commercial quantities of border controlled drugs or border controlled plants s. 307.11(1) Importing and exporting commercial quantities of border controlled precursors s. 308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants The offender intends to sell, or believes another person intends to sell, any of the plant or any of its products to a child or a vulnerable person s. 308.4(1) Possessing substance, equipment or instructions for commercial manufacture of controlled drugs The offender intends to sell, or believes another person intends to sell, any of the drug to a child or a vulnerable person s. 309.2(1) Supplying controlled drugs to children s. 309.3(1) Supplying marketable quantities of controlled drugs to children for trafficking s. 309.4(1) Supplying controlled drugs to children for trafficking s. 309.7(1) Procuring children for trafficking marketable quantities of controlled drugs s. 309.8(1) Procuring children for trafficking controlled drug s. 309.10(1) Procuring children for pre‑trafficking marketable quantities of controlled precursors s. 309.11(1) Procuring children for pre‑trafficking controlled precursors s. 309.12(1) Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants s. 309.13(1) Procuring children for importing or exporting border controlled drugs or border controlled plants s. 309.14(1) Procuring children for importing or exporting marketable quantities of border controlled precursors s. 309.15(1) Procuring children for importing or exporting border controlled precursors s. 310.2(1) Danger from exposure to unlawful manufacturing s. 310.3(1) Harm from exposure to unlawful manufacturing s. 474.17A(1) or (4) Aggravated offences involving private sexual material — using a carriage service to menace, harass or cause offence At least 1 of the victims of the underlying offence is a child or a vulnerable person s. 474.22A(1) Possessing or controlling child abuse material obtained or accessed using a carriage service The offence falls within the ambit of regulation 8(3) s. 474.25A(1) Engaging in sexual activity with child using a carriage service The offence falls within the ambit of regulation 8(3) s. 474.27A(1) Using a carriage service to transmit indecent communication to person under 16 years of age The offence falls within the ambit of regulation 8(3) s. 480.4 Dishonestly obtaining or dealing in personal financial information The person to whom the information relates is a child or a vulnerable person Offences under the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) The victim is kidnapped, but not murdered, and the victim is a person other than a child or a vulnerable person s. 8(1) Kidnap of an internationally protected person or The victim is kidnapped, but not murdered, and the victim is a child and the offender is a family member of the child s. 8(2) Attacking an internationally protected person The attack causes grievous bodily harm, but not death, and the victim is a person other than a child or a vulnerable person Schedule 3 — Entry warrant [r. 13] National Disability Insurance Scheme (Worker Screening) Act 2020 Entry warrant To All authorised officers under the National Disability Insurance Scheme (Worker Screening) Act 2020. Application The applicant has applied under the National Disability Insurance Scheme (Worker Screening) Act 2020 s. 64 to me, a magistrate, for a warrant authorising the entry of a place for the purpose of an investigation. Applicant's details Full name and office title Purpose for which entry is required Suspected contravention(s) of Act Provision(s) Warrant This warrant authorises you to enter the place described below. Place to be entered Execution period This warrant must be executed within ______ day(s) after the date it is issued. Issuing details Name of magistrate Date Time Issued by me on the above date and at the above time. Magistrate's signature Magistrate Execution details Start Date: Time: End Date: Time: Occupier present? Yes/No Entry audiovisually recorded? Yes/No Person executing this warrant Name Notes This is a compilation of the National Disability Insurance Scheme (Worker Screening) Regulations 2021. For provisions that have come into operation see the compilation table. Compilation table Citation Published Commencement National Disability Insurance Scheme (Worker Screening) Regulations 2021 SL 2021/5 29 Jan 2021 1 Feb 2021 (see r. 2 and SL 2021/4 cl. 2) Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Centrelink 14(1) commencement day 15 Commonwealth Rules 15 concessional applicant 14(1) Department of Veterans' Affairs 14(1) engagement day 16(1) NDIS work in a risk assessed role 16(1) relevant date 17(2) relevant national police check 17(1) relevant person 17(2) section 3 Services Australia 14(1) suitable person 6(2)