Received a show cause notice from the NDIS about your NDIS worker screening clearance? Here is what you should know
This article will discuss the general contents of a show cause notice and the reasons why engaging a lawyer who is experienced in this area of law should enhance their chances at either successfully obtaining or maintaining a NDIS worker screening clearance.
If you have received a show cause letter, it is important that you obtain legal advice and assistance with responding to the allegations against you.
What’s NDIS worker screening clearance?
Holding a valid NDIS worker screening clearance is a requirement for various occupations that deliver NDIS support or services to people with disabilities.
Common jobs which require a valid NDIS worker screening clearance include:
- Disability support, aged care and residential care workers;
- Registered health practitioners who provide NDIS support or services.
Possessing a valid NDIS worker screening clearance is often also a condition of employment and losing this clearance could adversely affect a person’s employment.
What powers do the NDIS have?
The NDIS have powers under the Disability Services Act 2006 (Qld) to:
- Assess a person’s application who is applying for NDIS worker screening clearance due to information that the NDIS are aware of which they consider relevant to whether that person poses a risk of harm to people with disability.
- Conduct a reassessment of a persons’ presently valid NDIS worker screening clearance due to information that the NDIS have received which, in their opinion, is relevant to whether the person poses a risk of harm to people with disability.
In most cases, the NDIS will send a ‘show cause notice’ to the person who is applying for, or is the subject of a reassessment of their, NDIS worker screening clearance. A show cause notice from the NDIS should be treated with the upmost seriousness since it provides an early opportunity for a person to demonstrate to the NDIS that they do not pose an unacceptable risk of harm to people with disability.
The show cause process with the NDIS
A show cause notice is a letter from the NDIS that is sent usually by both email and mail. In most cases, the NDIS are required to send a person a show cause notice before making a final decision about their application for, or current, NDIS worker screening clearance.
The show cause notice must contain certain information that the NDIS are aware of, namely:
- police information;
- domestic violence information;
- disciplinary information;
- NDIS disciplinary or misconduct information; and
- Other information that the NDIS reasonably believes is relevant to whether the person poses a risk of harm to people with disability.
The show cause notice provides an opportunity for the applicant or the holder of a NDIS worker screening clearance to provide persuasive reasons as to why they do not pose a risk of harm to people with disability.
Written Submissions
The NDIS are required to give the applicant or holder of a NDIS worker screening clearance at least 7 days to provide written submissions and any supporting material to the NDIS.
In general, it is beneficial to not only provide the NDIS with written submissions but also with supporting documentation to enhance the written submissions.
If an applicant or holder of a NDIS worker screening clearance does not provide any material to the NDIS within the timeframe stipulated in the show cause notice, the NDIS will make a decision based on the material available to them which generally results in the application being rejected or the cancellation of a NDIS worker screening clearance.
If an applicant or holder provides the NDIS with written submissions and any relevant supporting materials within the stipulated timeframe, the NDIS must then have regard to those materials before making its decision.
Why you should engage a lawyer
The nature of the information that the NDIS are aware of and are basing their assessment or reassessment of risk on should be carefully considered. In particular, if the information that they are aware of relates to potential, alleged or proven criminal offending then seeking and engaging a solicitor experienced in this area can substantially benefit a client.
Given that the NDIS must give the person at least 7 days to provide written submissions and any supporting material to the NDIS time is a critical factor. Further time to respond is often required due to not only what is a stressful situation but also to draft well thought out submissions and gather any relevant supporting material.
The show cause notice usually has material attached to it to assist applicants and holders with responding to the show cause notice. However, the material simply provides a basic overview and provides minimal guidance to the person. Consequently, the applicant or holder generally doesn’t put forward the best possible written submissions and any relevant supporting materials and are at much greater risk of their application being rejected or their current NDIS worker screening clearance being cancelled.
If a person’s current NDIS worker screening clearance is cancelled, they will not be able to apply for, start or continue to engage in any NDIS disability work (whether paid or voluntary) and could be exposed to penalties if they do not immediately cease performing NDIS disability work once their NDIS worker screening clearance has been cancelled.
While there are appeal rights available to the applicant or the holder should their response to the NDIS result in an unsuccessful outcome, engaging a lawyer who is familiar and experienced in this area could prevent the need for the person to commence an appeal. Further, appealing an unsuccessful outcome by the NDIS is generally much more time-consuming and expensive and can create further issues for a person if they are required to hold a current NDIS worker screening clearance for their employment.
What are the next steps?
If you have received show cause notice from the NDIS you should treat it with the upmost seriousness and seek independent legal advice from a lawyer who is familiar and experienced with dealing with the NDIS and responding to the show cause notices.
We offer a 20 minute obligation free consultation to discuss your matter with an experienced litigation lawyer of our firm. You can contact our firm on 07 5532 3133 to speak with one of our litigation lawyers.