1 Name of Regulation
This Regulation is the National Disability Insurance Scheme (Worker Checks) Regulation 2020.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
3 Definitions
(1) In this Regulation—offender includes an alleged offender.relative has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.the Act means the National Disability Insurance Scheme (Worker Checks) Act 2018.victim of an offence includes a person to whom an element of the offence is related.vulnerable person means an adult who is, or may be, unable to take care of themselves or protect themselves from harm or exploitation due to age, illness or disability, and includes an adult who, by reason of age, illness or disability, has difficulty—(a) understanding their rights, or(b) understanding a power imbalance between themselves 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 themselves against an offence or a person who commits an offence.Note.The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Disqualifying offences
The following are prescribed as disqualifying offences for the purposes of the Act—(a) an offence specified in Part 1 of Schedule 1,(b) an offence specified in Part 2 of Schedule 1 if the victim of the offence was a child or vulnerable person,(c) an offence specified in Part 3 of Schedule 1 if—(i) the victim of the offence was a child or vulnerable person, and(ii) at the time of the offence, the offender was not a relative of the child or vulnerable person,(d) an offence specified in Part 4 of Schedule 1 if the victim of the offence was—(i) a child aged 14 years or more where the offender is at least 5 years older than the child, or(ii) a child aged under 14 years, or(iii) a vulnerable person,(e) the common law offences of rape and attempted rape if the victim of the offence was a child or vulnerable person,(f) an offence under a law of another State or Territory or the Commonwealth that consists of conduct that, if it occurred in New South Wales, would constitute a disqualifying offence under this clause.
5 Presumptively disqualifying offences
The following are prescribed as presumptively disqualifying offences for the purposes of the Act—(a) an offence specified in Part 2, 3 or 4 of Schedule 1 if it is not a disqualifying offence under clause 4(b), (c) or (d),(b) the common law offences of rape and attempted rape if they are not disqualifying offences under clause 4(e),(c) an offence specified in Part 1 of Schedule 2,(d) an offence specified in Part 2 of Schedule 2 if the victim of the offence was a child or vulnerable person,(e) an offence specified in Part 3 of Schedule 2 if—(i) the victim of the offence was a child or vulnerable person, and(ii) at the time of the offence, the offender provided supports or services to the child or vulnerable person because of the vulnerability of the child or vulnerable person, and(iii) at the time of the offence, the offender was not a relative of the child or vulnerable person,(f) an offence under a law of another State or Territory or the Commonwealth that consists of conduct that, if it occurred in New South Wales, would constitute a presumptively disqualifying offence under this clause.
6 Historic offences
An offence that is prescribed as a disqualifying offence under clause 4 or a presumptively disqualifying offence under clause 5 is a disqualifying offence or presumptively disqualifying offence (as the case requires) even if—(a) the offence was committed before the commencement of this Regulation, or(b) the offence is repealed.
7 Fee for application for clearance
For the Act, section 6(2)(d), the fee is—(a) for an applicant engaged as a volunteer—nil, or(b) otherwise—the fee calculated in accordance with Schedule 4.cl 7: Subst 2024 (304), Sch 1[1].
8 Fee for internal review
For the Act, section 43(1)(d), the prescribed fee is double the amount of the fee under clause 7(b).cl 8: Subst 2025 (533), Sch 2[1].
9 Relevant laws for protection of children or vulnerable persons
For the purposes of section 23(e) of the Act, the following laws are prescribed—(b) Care and Protection of Children Act 2007 of the Northern Territory,(c) Child Safety (Prohibited Persons) Act 2016 of South Australia,(f) (Repealed)(g) Ombudsman Act 1974,(h) Working with Children Act 2005 of Victoria,(i) Working with Children (Criminal Record Checking) Act 2004 of Western Australia,(j) Working with Children (Risk Management and Screening) Act 2000 of Queensland.cl 9: Am 2021 (442), cl 3(1).
10 Corresponding laws
For the purposes of the definition of corresponding law in clause 1 of Schedule 1 to the Act, the following laws are prescribed—(a) Disability Inclusion Act 2018 of South Australia,(b) National Disability Insurance Scheme (Worker Clearance) Act 2020 of the Northern Territory,(c) Registration to Work with Vulnerable People Act 2013 of Tasmania,(d) Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory,(e) Disability Services Act 2006 of Queensland,(f) National Disability Insurance Scheme (Worker Screening) Act 2020 of Western Australia,(g) Worker Screening Act 2020 of Victoria.cl 10: Am 2021 (442), cl 3(2).
11 Authorised persons
For the purposes of the definition of in clause 7(5) of Schedule 1 to the Act, the Chief Executive Officer of Service NSW and members of staff of Service NSW are prescribed as authorised persons.
12 Members of expert advisory panel may advise on applications for review
For the Act, section 44(2)(a)(ii), a member of the expert advisory panel appointed under the Child Protection (Working with Children) Act 2012, section 42A is prescribed.cl 12: Ins 2025 (533), Sch 2[2].
Schedule 1 Disqualifying offences
Note.
* indicates a repealed provision
Part 1 General
Item | Type of offence | Act/Criminal Code | Offences |
1 | Murder and related offences | ss 18(1)(a), 26, 27, 28, 29, 30 and 204(a) | |
s 32A*, if the offence involves the intent to cause the death of a person | |||
ss 93IF* and 93O, if the offence involves intent to cause death | |||
s 110, if the person assaults with intent to murder any person | |||
s 349, if the offence relates to murder | |||
Crimes Act 1914 of the Commonwealth | s 24(1)(a)*, if the offence involves killing a person | ||
s 24(1)(b)* | |||
Crimes (Internationally Protected Persons) Act 1976 of the Commonwealth | s 8(1), if a person murders an internationally protected person | ||
s 8(2)(a) | |||
Criminal Code of the Commonwealth | ss 71.2, 115.1, 268.8, 268.9, 268.24, 268.38(1), 268.40(1), 268.48(1), 268.49(1), 268.50, 268.70, 268.71(1), 268.76(2), 268.90(1), 268.91, 268.92(1), 268.93(1) and 268.97 | ||
s 104.1*, as in force before 14 December 2005 | |||
s 268.65, if the conduct results in death | |||
s 268.98, if the attack results in death | |||
2 | Genocide | Criminal Code of the Commonwealth | ss 268.3, 268.4, 268.5, 268.6 and 268.7 |
3 | Acts intended to cause injury or death | Criminal Code of the Commonwealth | ss 268.41, 268.42 and 268.43, if for paragraph (d) of each of the offences, the conduct results in death |
s 268.44, if for paragraph (e) of the offence, the conduct results in death | |||
4 | Child abuse material | ss 91G, 91H, 578B* and 578C(2A)* | |
Criminal Code of the Commonwealth | ss 273.5*, 273.6, 273.7, 273A.1, 471.16*, 471.17*, 471.19, 471.20, 471.22, 474.19*, 474.20*, 474.22, 474.22A, 474.23 and 474.24A | ||
Customs Act 1901 of the Commonwealth | s 233BAB, if the tier 2 goods are constituted by items of child pornography or child abuse material | ||
5 | Bestiality | ss 79 and 80, as in force on and from 8 June 1984 | |
ss 79 and 80, as in force before 8 June 1984, if the offence relates to bestiality |
Part 2 Child or vulnerable person victim
Item | Type of offence | Act/Criminal Code | Offences |
1 | Acts endangering life or causing injury | ss 39, 45A, 46, 47, 49, 96 and 98 | |
s 44, as in force before 15 February 2008, if the offence involves malicious bodily harm so that life is endangered | |||
s 45, except as in force before 2 August 1974 | |||
s 198, except as in force before 13 January 1988 | |||
Criminal Code of the Commonwealth | ss 115.3, 115.4, 268.25, 268.47(2), 268.71(2), 268.73, 268.92(2), 271.6, 271.7B, 271.7C, 271.7D and 271.7E | ||
2 | Serious assault | ss 35, 35A(1), 36*, 37, 42, 60A(3), 60E(3) and 208(3)(c) | |
s 33*, as in force before 15 February 2008, if the offence involves wounding or grievous bodily harm | |||
ss 33 and 33A(1), as in force on and from 15 February 2008 | |||
s 33A*, as in force before 15 February 2008, if the offence involves grievous bodily harm | |||
s 57, if the offence involves wounding | |||
ss 107(3)*, 109(3), 111(3), 112(3) and 113(3), if the circumstances of special aggravation under the offence involves wounding or grievous bodily harm | |||
s 110, if the offence involves grievous bodily harm | |||
Criminal Code of the Commonwealth | ss 71.4, 71.5, 268.13, 268.26, 268.27, 268.28 and 274.2 | ||
3 | Sexual offences | ss 61B*, 61C*, 61D*, 61E*, 61J, 61JA, 61K, 61KD, 61KF, 61M*, 61O*, 65A*, 66*, 66A, 66B, 66DA, 66DC, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 67*, 68*, 72A*, 73, 73A, 74*, 78A, 78B, 78H*, 78I*, 78M*, 78N*, 78O*, 80A, 80D, 80E, 91A, 91B, 91D, 91E and 91F | |
Crimes Act 1914 of the Commonwealth | ss 50BA*, 50BB*, 50BC*, 50BD*, 50DA* and 50DB* | ||
Criminal Code of the Commonwealth | ss 71.8, 268.14, 268.15, 268.16, 268.19, 268.59, 268.60, 268.61, 268.64, 268.82, 268.83, 268.87, 271.2, 271.4, 271.5, 272.8, 272.9, 272.10, 272.11, 272.12, 272.13, 272.14, 272.15, 272.18, 272.19, 272.20, 471.24, 471.25, 471.26, 474.25A, 474.25B, 474.25C, 474.26, 474.27 and 474.27A | ||
s 270.6*, as in force before 8 March 2013 | |||
4 | Abduction, kidnapping and deprivation of liberty | Criminal Code of the Commonwealth | ss 73.1, 73.2, 73.3, 73.3A, 268.10, 268.21(1), 270.3, 270.5, 270.6A, 270.7B, 270.7C and 271.7 |
5 | People smuggling offences | Migration Act 1958 of the Commonwealth | ss 233A, 233B, 233C and 233D |
6 | Other offences | ss 32C(2)* and 211(1) | |
ss 93IF* and 93O, except in the circumstances specified in item 1 of Part 1 of this Schedule | |||
s 203*, as in force before 13 January 1988 | |||
s 483(b)*, if the offence involves the commission of an indecent act | |||
Criminal Code of the Commonwealth | ss 104.3* and 104.4*, as in force before 14 December 2005 | ||
ss 268.17, 268.18, 270.7 and 271.9* |
Part 3 Child or vulnerable person victim—non-relative
Item | Type of offence | Act/Criminal Code | Offences |
1 | Abduction, kidnapping and deprivation of liberty | ss 85A*, 86, 87, 89*, 90*, 90A* and 91* | |
Crimes (Internationally Protected Persons) Act 1976 of the Commonwealth | s 8(1), if a person kidnaps an internationally protected person | ||
Criminal Code of the Commonwealth | ss 71.9 and 71.10 |
Part 4 Younger child or vulnerable person victim
Item | Type of offence | Act | Offences |
1 | Sexual offences | ss 61I, 61KC, 61KE, 61L*, 61N*, 66C, 66D, 66DB, 66DD, 71*, 72*, 76*, 76A*, 78K*, 78L*, 78Q*, 81*, 81A* and 81B* | |
ss 79 and 80, as in force before 8 June 1984, if the offence relates to buggery |
Schedule 2 Presumptively disqualifying offences
Note.
* indicates a repealed provision
Part 1 General
Item | Type of offence | Act/Criminal Code | Offences |
1 | Manslaughter, unlawful death and related offences | ss 18(1)(b), 21, 22A, 23, 25A and 25C | |
s 32A*, if the offence was committed in circumstances other than specified in item 1 of Part 1 of Schedule 1 | |||
Criminal Code of the Commonwealth | s 104.2*, as in force on and from 1 October 2002 to 13 December 2005 | ||
s 115.2 | |||
2 | Offences relating to national security | ss 12, 310J and 348 | |
Crimes Act 1914 of the Commonwealth | ss 3UC, 3ZQM and 3ZQS | ||
s 24(1)*, if the offence was committed in circumstances other than specified in item 1 of Part 1 of Schedule 1 | |||
Crimes (Internationally Protected Persons) Act 1976 of the Commonwealth | s 8(2)(b) | ||
Crimes (Torture) Act 1988 of the Commonwealth | s 6* | ||
Criminal Code of the Commonwealth | ss 71.3, 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, 119.1, 119.4, 122.1, 122.2, 122.4, 268.11, 268.12, 268.20, 268.21(2), 268.22, 268.23, 268.29, 268.30, 268.31, 268.32, 268.33, 268.34, 268.35, 268.36, 268.37, 268.38(2), 268.39, 268.40(2), 268.45, 268.46, 268.47(1), 268.48(2), 268.49(2), 268.51, 268.52, 268.53, 268.54, 268.55, 268.56, 268.57, 268.58, 268.62, 268.63, 268.66, 268.67, 268.68, 268.72, 268.74, 268.75, 268.76(1), 268.77, 268.78, 268.79, 268.80, 268.81, 268.84, 268.85, 268.86, 268.88, 268.89, 268.90(2), 268.93(2), 268.94, 268.95, 268.96, 268.99 and 268.101 | ||
ss 268.65 and 268.98, if the offence was committed in circumstances other than specified in item 1 of Part 1 of Schedule 1 | |||
3 | Drug offences | ss 23(2), 23A, 24(1A), (2) and (2A), 25(1A), (2), (2A), (2C) and (2D), 36Y(2) and 36Z(2) | |
ss 23(1)(a), (b) and (c), 24(1) and 25(1), as in force before 21 August 1988 | |||
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 of the Commonwealth | ss 10–13, if the offence involves engaging in conduct that is a dealing in drugs referred to in s 6(1)(e) of that Act and a commercial quantity of the drug or substance was sold, supplied or possessed | ||
Criminal Code of the Commonwealth | ss 302.2, 302.3, 304.1, 304.2, 305.3, 307.1, 309.2, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 and 309.15 | ||
Customs Act 1901 of the Commonwealth | ss 231*, 233A* and 233B*, if the offence involves a commercial quantity of a narcotic substance | ||
4 | Serious violence | s 60(3) and (3A) | |
5 | Serious animal cruelty | ss 483(g)* and 530 | |
s 531, if the offence involves seriously injuring an animal | |||
s 6 |
Part 2 Child or vulnerable person victim
Item | Type of offence | Act/Criminal Code | Offences |
1 | Fraud and deception | ss 93ID*, 93M, 103*, 124, 134, 154A, 156, 157, 158*, 159, 160, 162, 165*, 166*, 168*, 169*, 170*, 172*, 176A*, 178A*, 178B*, 178BA*, 178BB*, 178C*, 179*, 184*, 184A*, 185*, 185A*, 186*, 192E, 192F, 192G, 192J, 192K, 249C, 253, 254, 255, 256, 257*, 258*, 298*, 300*, 301*, 302*, 309*, 337 and 547A* | |
Crimes Act 1914 of the Commonwealth | s 85Y* | ||
Criminal Code of the Commonwealth | ss 144.1, 145.1, 145.2, 145.5, and 372.1 | ||
2 | Sexual offences | ss 91J, 91K, 91L, 91M, 91P, 91Q, 91R, 91S and 547C | |
ss 5, 21G* and 21H* | |||
Criminal Code of the Commonwealth | s 474.17A |
Part 3 Child or vulnerable person under care
Item | Type of offence | Act/Criminal Code | Offences |
1 | Child abuse and related offences | s 25* | |
s 316A | |||
2 | Neglect | ss 228 and 231 | |
ss 26*, 29* and 52* | |||
ss 43, 43A and 43B | |||
s 44, if the offence was committed in circumstances other than specified in item 1 of Part 2 of Schedule 1 | |||
s 45, as in force before 2 August 1974 |
Schedule 3 Penalty notice offences
1 Application of Schedule
(1) For the purposes of section 57 of the Act—(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and(b) the amount payable for the penalty notice is the amount specified opposite the provision.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) that limited kind of offence, or(b) an offence committed in those limited circumstances.
Column 1 | Column 2 | Column 3 |
Provision | Penalty for an individual | Penalty for a corporation |
Offences under the Act | ||
Section 18(1) | $110 | — |
Section 30(6) | $110 | $2,200 |
Schedule 4 Fee indexation
clause 7(b)
1 Definitions
In this schedule—CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of the index.fee means the application fee for a clearance under clause 7(b).financial year means a period of 12 months commencing on 1 July.
2 Calculation of fee for regulation
(1) For this regulation, the fee is—(a) in the financial year 2024–25—$105, and(b) in each later financial year—the amount calculated as follows—%20AND%20(No%3D0258)%20AND%20(Year%3D2020)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)
where—A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2024.(2) The amount of the fee must be rounded to the nearest dollar, and an amount of 50 cents must be rounded down.(3) However, if the amount of the fee calculated for a financial year is less than the amount that applied for the previous financial year, the amount for the previous financial year applies instead.Editorial note.Fee unit amount calculated under this section—
3 Notice of indexed fees
(1) As soon as practicable after the CPI number for the March quarter is first published by the Australian Bureau of Statistics, the Screening Agency must—(a) notify the Parliamentary Counsel of the amount of the fee for the next financial year so notice of the amount may be published on the NSW legislation website, and(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee calculated under this schedule.(2) This schedule operates to change an amount of a fee calculated under clause 2 and the change is not dependent on the notification or other notice required by this clause.
sch 4: Ins 2024 (304), Sch 1[2].