New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 36AA

36AA Obtaining and sharing information--NDIS Screening Agency

(1) The Children's Guardian may obtain relevant information from and disclose relevant information to the NDIS Screening Agency for an authorised purpose.

(2) In this section--

"authorised purpose" means any purpose that is for or in connection with the execution or administration of a relevant law and includes (without limitation) the following purposes--

(a) verification of the identity of a person who is an applicant for or the holder of a clearance under a relevant law,

(b) consideration and determination of a person's application under a relevant law,

(c) assessing and determining whether a person poses a risk to the safety of children or a risk of harm to persons with disability,

(d) assessing and determining whether a risk assessment of a person is required under a relevant law,

(e) ongoing monitoring of a person who holds a clearance under a relevant law for the purpose of determining whether the person requires a risk assessment under a relevant law or poses a risk to the safety of children or a risk of harm to persons with disability.

"clearance history" of a person means the history of action taken under a relevant law in respect of an application for a clearance by the person or a clearance held by the person under the relevant law, including any risk assessment determination, interim bar, refusal of an application and the suspension or cancellation of a clearance.

"NDIS Screening Agency" means the Screening Agency under the National Disability Insurance Scheme (Worker Checks) Act 2018 and includes any person exercising functions in the execution or administration of that Act.

"relevant information" means the following information about a person--

(a) information relevant to verification of the identity of the person,

(b) information about the person disclosed in an application under a relevant law,

(c) information about the person's criminal history in this or any other jurisdiction,

(d) information about workplace misconduct by the person in this or any other jurisdiction, being misconduct that concerns children or persons with disability,

(e) information about any order imposed on the person by a court relating to child protection, apprehended violence or domestic or family violence in this or any other jurisdiction,

(f) information relevant to determining whether the person requires a risk assessment under a relevant law,

(g) information about the person's clearance history,

(h) other information relevant to determining whether the person poses a risk to the safety of children or a risk of harm to persons with disability.

"relevant law" means this Act or the National Disability Insurance Scheme (Worker Checks) Act 2018 .