How your information will be used
In NSW, the NDISWC is administered by a screening agency established within the Office of the Children’s Guardian (NSW Government).
NDIS worker screening relies on the collection, sharing and monitoring of information across Australia. Information about you will be sought, obtained, shared, used and retained for the purposes outlined below and as otherwise allowed under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) or as otherwise authorised or required by law or where you have given consent.
Information about you will be sought, shared and retained across Australia:
- Information about you will be sought, obtained, shared and retained, and includes:
- information to verify your identity
- information you have disclosed in an application
- information about your criminal history
- information about workplace misconduct
- information about court orders relating to child protection, apprehended violence or domestic or family violence
- information about your worker screening history
- information about your engagement in NDIS work
- information relevant to determining if a risk assessment is required
- any other information relevant to assessing risk of harm.
- Information about you will be sought, obtained, provided, shared and retained for the purpose of assessing your application and ongoing suitability for an NDIS worker screening clearance.
- Information about you will be sought and obtained from, provided by, shared with and retained by NDIS worker screening agencies in all states and territories and the NDIS Quality and Safeguards Commission.
- Information about your identity and criminal history may be sought and obtained from, provided by, shared with and retained by the Australian Criminal Intelligence Commission, the NDIS Quality and Safeguards Commission, as well as law enforcement agencies (Police) and NDIS worker screening agencies in all states and territories and the Commonwealth.
- Information about your criminal history includes juvenile and adult records; charges whether or not heard, proven, dismissed, withdrawn or discharged; and convictions that have been set aside, spent or quashed or for which a pardon has been granted.
- Information about you regarding any workplace misconduct or disciplinary action (including compliance and enforcement action) may be sought and obtained from, provided by, shared with and retained by the NDIS Quality and Safeguards Commission and NDIS worker screening agencies in any state or territory.
- Information about your identity, your NDIS worker screening applications and ongoing status may be sought from, provided by, shared with and retained by the Commonwealth’s NDIS Worker Screening Database, the NDIS Quality and Safeguards Commission, and NDIS worker screening agencies in all states and territories.
- Information about you may be sought and obtained from you, courts or tribunals, government agencies or other third parties (such as an employer or professional body) in any state or territory.
- In relation to other worker screening checks such as working with children or vulnerable persons checks, in any state or territory:
- information about you may be sought and obtained from, and provided by, other worker screening checks, and used and retained for the purpose of assessing your application and ongoing suitability for an NDISWC clearance.
- information about you, your applications and ongoing suitability for an NDISWC may be sought and obtained by, and shared with, those other worker screening checks, and used and retained by them for the purpose of assessing your application and ongoing suitability for a clearance.
Your NDIS employer(s) will be notified of the outcome:
- The NDIS employer(s) you nominate in your application, and to whom you separately provide your details, will be asked to verify your application and NDIS worker screening status, notified of the outcome of your application, and notified of any changes to your NDIS worker screening status. This will occur via the Commonwealth’s NDIS Worker Screening Database.
- Your criminal, workplace or other history information will not be disclosed to your employer(s).
You will be monitored for new records:
- If you are issued an NDIS worker screening clearance, you will be monitored for any new criminal or workplace records across Australia. This may result in a reassessment of your ongoing suitability for a clearance. Your ongoing suitability may also be reassessed due to any information about you that is relevant to assessing risk of harm.
How you can access your information
You can access your NDISWC details by logging into your MyServiceNSW Account. You can check the progress of your application, view your NDISWC status and expiry date, and view and update your contact details.
You can access other personal information by making an informal information request with the NDISWC screening agency. Send an email to: contact@ndiswc.nsw.gov.au.
Personal information that can generally be accessed includes:
- your birth information, names, addresses, contact details, and identity document information
- correspondence between you and the screening agency
- your criminal history.
Note: Information may not be provided if the NDISWC screening agency does not have authority from the source agency to release it. The screening agency may need to direct you to make the request with the source agency (for example, the NDIS Quality and Safeguards Commission).
You can also lodge a formal information request with the Office of the Children’s Guardian under the Government Information (Public Access) Act 2009.
Privacy complaints
The NDISWC screening agency takes your privacy and the protection of your personal information seriously and welcomes the opportunity to address any privacy issues you wish to raise.
If you wish to make a privacy complaint, you can complete the Privacy Complaint: Internal Review Application Form – PDF and email it to feedback@ndiswc.nsw.gov.au.
Feedback and complaints
Let the NDISWC screening agency know what they are doing well so they keep doing it, or where they can improve. They endeavour to deal with any complaints fairly, effectively and as quickly as possible.
You can send your feedback or complaint about the NDISWC to feedback@ndiswc.nsw.gov.au.