Yes, international students can work overnight or “sleepover” shifts in the NDIS sector, provided they remain within the legal work hour limits defined by their visa conditions.

As an international student, your primary obligation is to your visa’s work hour restriction—currently 48 hours per fortnight—regardless of the type of shift you work.

Understanding Overnight vs. Sleepover Shifts

In the NDIS sector, overnight work is divided into two distinct categories. It is important to know which one you are being rostered for, as they have different pay structures and expectations:

• Active Overnight Support: You are awake for the entire shift to provide active support to the participant. Every hour of this shift counts toward your 48-hour-per-fortnight limit.
• Night-Time Sleepover Support: You are required to stay at the participant’s home for a continuous 8-hour period. You are provided with a bed and are generally expected to sleep, but you must be available to provide support if the participant wakes up (typically up to two hours of active support is covered within the shift).
  • Counting Hours: Even on a sleepover, you are “on duty.” You should track these hours carefully and ensure that the time you are “on call” or performing any active tasks is included in your fortnightly work hour calculations.

Compliance Checklist for International Students

If you plan to work overnight NDIS shifts, ensure you follow these steps to stay compliant with both your visa and the Fair Work regulations:

1. Monitor Your Fortnightly Cap: Your visa allows you to work up to 48 hours per fortnight. If you work a 12-hour active night shift, that counts as 12 hours toward your total. If you work a sleepover, document the time spent on-site to ensure you do not inadvertently exceed your limit.
2. Verify Your Contract: Ensure your employment contract or service agreement clearly defines your shift type. This protects you by ensuring you are paid correctly according to the SCHADS Award, which governs pay for night and sleepover work.
3. Prioritize Your Studies: The Department of Home Affairs requires you to maintain satisfactory course progress. Working overnight shifts can be physically demanding; ensure that your work schedule does not interfere with your class attendance or academic performance.
4. Check Your Workplace Safety: Under NDIS safety standards, your employer must provide a safe environment, including a separate room with a bed and clean linen for sleepovers. If your workplace does not meet these standards, you have the right to raise this with your supervisor.