Aged care and disability are among the most regulated sectors for workforce supply in Australia. The people being supported are vulnerable. The regulatory frameworks are detailed and enforced. And the consequences of placing a worker who has not completed mandatory screening — whether through oversight, time pressure, or process failure — are serious for the worker, the participant, and everyone in the supply chain. Labour hire in these sectors requires a different level of compliance rigour than most industries.
This article sets out what employers need to understand about worker screening requirements, the regulatory frameworks that govern aged care and disability workforce supply, and what a compliant labour hire provider looks like in practice. It is aimed at disability service providers, aged care operators, and any organisation managing a labour hire or contingent workforce in these sectors.
Programmed supplies workers to regulated care settings with the screening processes and compliance infrastructure these sectors require. Learn more about our staffing services.
Key takeaways
- Aged care and disability labour hire sits under two separate regulatory frameworks — the Aged Care Quality and Safety Commission and the NDIS Quality and Safeguards Commission — each with distinct workforce screening obligations.
- The NDIS Worker Screening Check must be in place before a worker commences in a risk-assessed role — there is no grace period for registered NDIS providers to sort this out after placement.
- Labour hire providers supplying into these sectors must have a pre-placement screening verification process, not just a general screening policy.
The dual regulatory framework
Aged care in Australia is regulated under the Aged Care Act 1997 and overseen by the Aged Care Quality and Safety Commission. The Commission sets and enforces quality standards that apply to approved aged care providers, including requirements relating to the workforce they engage — whether directly employed, contracted, or supplied through labour hire.
Disability support, particularly for NDIS participants, is regulated under the National Disability Insurance Scheme Act 2013 and overseen by the NDIS Quality and Safeguards Commission. Registered NDIS providers are required to comply with the NDIS Practice Standards, which include specific obligations around workforce management and the screening of workers in risk-assessed roles.
These are separate frameworks with separate regulators, separate screening mechanisms, and separate enforcement powers. An organisation that operates in both sectors — for example, a community care provider delivering both aged care and disability supports — needs to comply with both frameworks simultaneously. This is not always straightforward, and the screening requirements do not map directly onto each other.
The NDIS Worker Screening Check
The NDIS Worker Screening Check is a nationally consistent screening mechanism for workers in risk-assessed roles under the NDIS. It is administered by worker screening units in each state and territory — not by the NDIS Commission directly — but the outcomes are nationally recognised. A worker who holds a clearance issued in New South Wales, for example, can use it to work for an NDIS registered provider in any state.
Risk-assessed roles are those defined under the NDIS Practice Standards as involving more than incidental contact with NDIS participants: direct personal support, behaviour support, working alone with participants, or key personnel positions within registered providers. Not every worker employed by an NDIS provider needs to hold a Worker Screening Check — only those in roles that meet the definition of risk-assessed. Understanding which roles in a given service require the check is the first step in compliance planning.
The check itself involves a national criminal history check plus a review of relevant reportable conduct findings, charges, and other information held by screening agencies. Processing times vary by state and by the individual’s history. Clearances are typically valid for five years, though they can be suspended or revoked if new information comes to light during that period.
For registered NDIS providers, the obligation is unambiguous: a worker cannot commence in a risk-assessed role without a current clearance. There is no provision for starting work and completing the check later, unless the state issues a provisional clearance — and not all states do this, and where they do, conditions apply. Providers who place workers in risk-assessed roles before clearances are confirmed are in breach of the NDIS Practice Standards.
Registered vs unregistered NDIS providers
The NDIS Worker Screening Check obligation applies to registered NDIS providers. Unregistered providers — those delivering supports to self-managed or plan-managed participants who choose to use unregistered providers — are not subject to the same mandatory screening requirement under the NDIS Commission’s framework.
This does not mean unregistered providers have no obligations. They retain a duty of care to participants, and conducting adequate background checks remains a basic requirement of responsible service delivery. State and territory child protection legislation may also impose screening obligations depending on the age of participants and the nature of the supports provided. The NDIS framework’s screening exemption for unregistered providers does not override other legal obligations.
For labour hire providers supplying to both registered and unregistered NDIS providers, the practical approach is to apply the registered provider standard as the default. Running different screening processes depending on the registration status of the host organisation creates operational complexity and increases the risk of errors.
Aged care workforce requirements
The Aged Care Act requires approved providers to ensure that workers providing aged care services are suitable to do so. This includes conducting police checks and ensuring that workers with findings that would make them unsuitable for direct care roles are not engaged in those roles. The definition of suitability is informed by the Aged Care Quality Standards, which set expectations around the character and conduct of workers engaged in direct care.
The Aged Care Act was significantly reformed through the new Aged Care Act 2024, which came into effect in 2025. Employers in aged care need to be aware of the updated obligations under the new Act, including workforce requirements, as these represent a material shift from the previous framework. The quality standards under the new Act place stronger emphasis on worker screening and provider accountability for workforce conduct.
For labour hire providers, the practical implication is that a national police check alone is unlikely to satisfy the full scope of aged care workforce suitability requirements. Providers need to understand the specific obligations under the Act and the quality standards, and their screening processes need to be designed accordingly.
What the host employer needs to verify
When a disability service provider or aged care operator engages a labour hire provider to supply workers, the host employer retains significant responsibilities. Delegating placement to a labour hire provider does not transfer the host’s obligations under the NDIS Practice Standards or the Aged Care Act. The host needs to be able to confirm that every worker placed by the provider in a risk-assessed or direct care role holds the required screening clearances before that worker begins work.
Questions host employers should ask their labour hire provider before engagement:
- What is your pre-placement screening verification process, and at what point in the placement process is clearance confirmed?
- How do you track clearance expiry dates across your workforce, and what is your process when a clearance is approaching expiry or is revoked?
- Can you provide evidence of current screening clearances for workers before they arrive on site?
- What happens if a worker’s clearance is revoked mid-placement?
A provider that cannot answer these questions with specifics — not generalities — is not equipped to supply into regulated care settings.
Related reading
Also see: WHS Responsibilities in Labour Hire: Who Is Accountable (Host vs Provider)?.
For a detailed guide to the NDIS Worker Screening Check specifically — including portability, provisional clearances, and what happens when a clearance is revoked — see NDIS Worker Screening: What Providers and Host Employers Need to Know.
For guidance on labour hire licensing obligations that apply to providers supplying into aged care and disability, see Labour Hire Licensing in Australia: What Employers Need to Know.
For an overview of WHS responsibilities in labour hire arrangements, including host employer obligations for worker safety in care settings, see WHS Responsibilities in Labour Hire.
Related services
Staffing Services — Labour hire and workforce supply for employers in regulated sectors, including aged care and disability, with pre-placement screening processes built in.
Managed Skilled Workforce — Structured workforce management for operators with high-volume, compliance-critical staffing requirements across multiple sites.
FAQ
Can a worker begin in a risk-assessed NDIS role while their Worker Screening Check is being processed?
Some states issue provisional clearances that allow a worker to commence in a risk-assessed role while the full check is being processed, subject to conditions. Not all states offer provisional clearances, and where they do, the conditions — such as supervision requirements — are mandatory, not optional. Registered NDIS providers cannot allow workers to commence in risk-assessed roles without either a full clearance or a valid provisional clearance issued by the relevant state screening unit. Assuming this is acceptable without confirming the state’s position is a compliance risk.
If a labour hire provider screens a worker, does the host disability provider still have any obligations?
Yes. The host provider retains obligations under the NDIS Practice Standards regardless of whether workers are directly employed or supplied through labour hire. The host cannot simply accept a provider’s assurance that screening has been completed — they should have evidence on file that each worker in a risk-assessed role holds a current clearance before commencing. If a compliance issue arises, the NDIS Commission will look at both the labour hire provider’s processes and the host’s verification practices.
Does an NDIS Worker Screening Clearance cover work in aged care settings as well?
No. The NDIS Worker Screening Check and the police check requirements under the Aged Care Act are separate mechanisms. A worker who holds an NDIS Worker Screening Clearance is not automatically cleared for aged care work — the aged care provider needs to conduct its own suitability assessment in accordance with the Aged Care Act obligations. Workers providing both NDIS and aged care services may need to satisfy both sets of requirements simultaneously.
What should a host employer do if a placed worker’s NDIS clearance is revoked during a placement?
The worker must be removed from any risk-assessed role immediately. The host employer has an obligation to notify the NDIS Commission of the revocation. The labour hire provider should have a process for notifying the host as soon as it becomes aware of a revocation, and the host should not wait for the provider to act — if the host becomes aware of a revocation, it should act directly. Continuing to allow a worker with a revoked clearance to operate in a risk-assessed role is a serious breach of the NDIS Practice Standards.
Next step
If you operate an aged care or disability service and need a labour hire partner with the screening infrastructure to support compliant workforce supply, contact Programmed to discuss your requirements. We work with registered and unregistered NDIS providers and aged care operators to supply workers who meet the mandatory screening requirements before they arrive on site.
General information only: This article is for general informational purposes only and does not constitute legal advice. Legislation varies by state and territory — consult a qualified employment lawyer or Fair Work adviser for guidance specific to your situation.
