Northern Territory Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE) ACT 2020 - SECT 4

Principles guiding screening checks

Screening checks are to be guided by the following principles:

        (a)     human rights – the paramount consideration is the right of participants to live their lives free from abuse, violence, neglect and exploitation, consistent with the United Nations Convention on the Rights of Persons with Disabilities;

        (b)     duty of care – providers of NDIS funded supports and services have the primary responsibility for ensuring that they do not engage unsuitable people and that their employees are not acting or behaving in any way that puts participants at risk of harm;

        (c)     screening is risk-based – decisions are made based on the potential risk an individual poses to participants after assessing the details of a range of relevant information;

        (d)     proportionality – only employees whose role provides a significant opportunity for harm to participants are required to undergo screening;

        (e)     consistency – ensuring the screening check delivers the same outcome, regardless of the jurisdiction in which the assessment was conducted;

        (f)     privacy and appropriate use of information – information about an individual, obtained in the course of conducting screening checks, is not used for an improper purpose and is protected from inappropriate disclosure;

        (g)     natural justice – procedural fairness and transparency, ensuring screening check processes are independent and fair;

        (h)     efficiency and effectiveness – streamlined screening processes for employees of providers of NDIS funded supports and services who operate across jurisdictions, with a single screening process for all employees.



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