Overview

NDIS worker screening started in Victoria on 1 February 2021.

The Worker Screening Act 2020 (the Act) requires NDIS workers, operating in a risk assessed role, to apply for an NDIS check. The NDIS check includes a check of criminal history information and relevant disciplinary and regulatory findings. The NDIS check will help protect people with disability from harm.

The Act replaces the Working with Children Act 2005 and provides one framework for conducting checks on both NDIS workers and people who work with children.

The Worker Screening Regulations 2021 also commenced on 1 February 2021, replacing the Working with Children Regulations 2016 and including the fees for Working with Children (WWC) checks and NDIS checks.

The main objective of the Regulations is to set the fees for screening checks, specifically to:

  • set the fee for the new NDIS check at 8.06 fee units, and
  • continue the fees for an employee WWC check at
    • 8.06 fee units for a new WWC check
    • 6.1 fee units for a renewal WWC check
    • 0.5 fee units for an employee replacement WWC check card.

The Regulations also prescribe certain information and requirements for the purposes of the Act.

Consultation

In November and December 2020 we asked you about the impact of the then proposed regulations.

We received 10 submissions on the Regulatory Impact Statement and considered all feedback prior to making the Regulations.

The key issues raised related to the imposition of fees for NDIS checks for volunteers. To address the issues raised and to ensure the scheme operates as intended, the power to waive fees in the Regulations will be used for applications from volunteers who are engaged in risk assessed roles.

Applications by volunteers during the implementation of the NDIS check will be monitored to ensure the process of fee waivers operates as intended or whether changes may be required to further support this.

Further details on the outcomes of the public consultation process and the submissions are available below.

Privacy collection notice

The purpose of this online engagement is to consult with the public on a Regulatory Impact Statement (RIS) for the proposed Regulations contained in the Worker Screening Regulations 2020. These Regulations will exist under the Worker Screening Act 2020 when it comes into operation, the purpose of which is to assist in protecting vulnerable persons from harm by ensuring that people who work with, or care for them, are subject to a screening process.

The consultation is being conducted by the Department of Justice and Community Safety.

As part of the consultation, the department is required to publish the RIS and invite public comments or submissions for a minimum of 28 days. This is required under the Subordinate Legislation Act 1994 and the Victorian Guide to Regulation.

The department is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws.

The information you provide in your comment or submission will be considered by the department in providing advice to the Attorney-General of Victoria to finalise the proposed Regulations.

To ensure a transparent process, comments and submissions will be published under your name, occupation and, where relevant, your organisation’s name on the Engage Victoria platform. Your email, home or business address will not be published. Comments and submissions will also be provided to the Scrutiny of Acts and Regulations Committee (SARC) of Parliament after the Regulations are made, in accordance with the requirements of the Subordinate Legislation Act 1994.

Contact information may be used to contact people about their submissions or provide with updates on the new regulations.

If you wish to make an anonymous submission you can do so, or do not wish to provide your personal information you do not have to. However, please note, that if you do make an anonymous submission, we will not be able to identify your comment or submission if you later wish to access it or require technical support.

Comments or submissions which consist of allegations or complaints against individuals and are not comments on the proposed Regulations and RIS, will not be published. In these instances, the complaint will be referred for assessment and advice to the relevant area within the Department of Justice and Community Safety if appropriate. You may access the information you have provided to the department for this consultation by contacting NDISworkerscreening@justice.vic.gov.au