Under new rules in place from February 1st, 2021, people seeking work with a registered provider of the National Disability Insurance Scheme must complete worker screening. Each state has their own process for screening applicants. In NSW this system is called the NDIS Worker Check (NDISWC).
To pass the Worker Check and qualify to work in an NDIS registered workplace, you must provide documents and consent to background checks. If your application is successful, you will be certified to work in NDIS affiliated roles.
What can I do if my NDIS Worker Check application is unsuccessful?
If your application is unsuccessful, there are several steps you can take in order to appeal the ruling. Under NSW legislation, the following decisions made by the screening agency can be reviewed:
- A decision to issue an exclusion
- Decision to issue an interim bar or suspension, after it has been in place for at least 6 months
- A decision to cancel an application or clearance
The first step in any appeals process is an internal review. This will be a review by the screening agency conducted by someone who was not involved with that original decision. There is a $20 fee for internal reviews, and your application for an internal review must be lodged:
- Within 28 days of the original decision, or
- More than 6 months after the decision to impose an interim bar or suspension was made
If you are unsure of how to lodge an internal review, or why your application was unsuccessful, we can walk you through your documents. We can also help you make an appeal which is more likely to succeed.
What can I do if my Internal Review was unsuccessful?
If the internal review is unsuccessful, an application for an external review can be made to the NSW Civil and Administrative Tribunal (NCAT). This can involve a complex and lengthy civil law matter which the team at Brady and Associates are able to help you navigate and understand. Not only will we take the hassle of conducting the external review out of your hands, but we will also make sure that your case is put forward in the strongest and most positive light, so that you have the best possible chance to overturn the decision. We understand that many times government decisions are made without knowing the full story. We can help you to explain why your application for the Worker Check should be allowed.
Contact Brady and Associates today if you have any issues with navigating the new rules, or need any help in reviewing your decision. We will make sure that this process goes as smoothly as possible so that you can get back to work.