Worker rights and obligations

My rights and Obligations

Your privacy

We are bound by strict confidentiality provisions that limit how we use your information and when and to whom it can be released. We also have obligations under the Privacy Act 1988. To find out how your personal information will be used, read our Privacy Statement (PDF, 273 KB) and Information Management Policy (PDF, 249 KB).

Your obligations

It is the responsibility of all disability worker screening clearance card holders and applicants to keep us updated about any changes to their details or circumstances. Clearance card holders must inform us within 14 days of the following:

  • Change of name
  • Change of contact details (address, contact number, email address)
  • Change in assessable information (police information, disciplinary information or any other matter that may be relevant to whether you pose a risk of harm to people with disability)
  • Change from volunteer to paid work
  • Lost or stolen card

Applicants for a disability worker screening clearance must inform us within 7 days of the following:

  • Change of name
  • Change of contact details (address, contact number, email address)
  • Change in assessable information (police information, disciplinary information or any other matter that may be relevant to whether you pose a risk of harm to people with disability)
  • Change from volunteer to paid work

Failing to notify us of these updates within the required timeframe is an offence and penalties may apply.

People who can’t apply

If you have been issued a yellow card negative notice, yellow card negative exemption notice or a disability worker screening exclusion that has not been cancelled, you cannot apply for an NDIS worker screening check. It is an offence under the Disability Services Act 2006 to make an application and penalties apply.

Reviewable decisions

To ensure accountability of decision making by Disability Services, most applicants or workers who have received a worker screening decision that they don’t agree with have the right to review or appeal under Queensland’s new worker screening legislation.

Certain decisions made by the department are considered reviewable decisions. These include a decision:

  • To issue an exclusion (unless the exclusion is based on a disqualifying offence)
  • Not to end an interim bar imposed on a person
  • Not to end the suspension of a person’s clearance
  • Not to end the suspension of a person’s clearance

If a reviewable decision is made in relation to you and you’re dissatisfied with the decision, you can apply to have the decision reviewed. The review process includes:

  1. An internal review by the department.
  2. If you remain dissatisfied with the outcome of the internal review, you can apply to the Queensland Civil Administrative Tribunal for an external review of the decision.

For further information on review and appeal information, please see our dedicated factsheet (PDF, 254 KB).