Document ID: chunk:federal_register_of_legislation:F2021C00788:reg:5:p2
Version: federal_register_of_legislation:F2021C00788
Segment Type: reg
Provision Reference: reg 5 (pt 2/4)
Character Range: 10139–12932

screening law of a participating jurisdiction, being a decision made:
         (a) after the person has made an application for an NDIS worker screening check to the NDIS worker screening unit in that participating jurisdiction; and
         (b) before a decision has been made to issue an exclusion or a clearance in response to that application;
having the effect that the person is barred from working with people with disability in a risk assessed role while the application is determined.
            Note 1: An interim bar is used where records are identified which indicate that an applicant may pose a risk to people with disability.  An interim bar is used to prevent that applicant from working with people with disability until a final decision is made.  An interim bar stays in place until the NDIS worker screening unit removes it, or the application is finalised – see clause 53 of the Agreement.
            Note 2: Under the national policy for NDIS worker screening, it is intended that internal review of interim bar decisions will be available, where the bar is not resolved (either by the bar being lifted, or a final decision being made on the application) within the period specified in the participating jurisdiction's NDIS worker screening law – see clause 53 of the Agreement.
more than incidental contact has the meaning given by section 6 of this instrument.
national policy for NDIS worker screening means the policy contained in the Agreement, as amended from time to time.
Note: The Agreement is available on the Commission's website.
       NDIS worker screening unit means the person or body which is responsible for conducting NDIS worker screening checks for a State or Territory under its NDIS worker screening law.
personnel means individuals:
 (a) who are not workers or registered NDIS providers; but
 (b) whose services are made available by a personnel provider to perform work:
 (i) at a registered NDIS provider's premises; or
 (ii) as part of the provision of supports or services to any person with a disability, by, or on behalf of, a registered NDIS provider.
personnel provider means a person or entity that makes the services of personnel available to perform work for, or on behalf of, a registered NDIS provider.
process of obtaining a clearance: see section 15.
       rapport means a relationship or understanding, being more than merely polite and functional.
risk assessed role means:
           (a) a key personnel role of a person or an entity;
           (b) a role for which the normal duties include the direct delivery of specified supports or specified services to a person with disability; or
           (c)  a role for which the normal duties are likely to require more than incidental contact with a person with disability.
Note: