Disability Services (Transitional) Regulation 2021

1Short title

This regulation may be cited as the Disability Services (Transitional) Regulation 2021.

2Commencement

This regulation commences on 1 February 2021.

3Declaration that regulation is transitional regulation—Act, s 393

This regulation is a transitional regulation.

Note—

This regulation expires 3 years after the day section 393 of the Act commences. See section 393(5) of the Act.

4Application of the Act, pt 5 in relation to relevant aged care provider

(1)This section applies to a relevant aged care provider.

(2)A relevant aged care provider is a registered NDIS provider that—

(a)is an approved provider under the Aged Care Quality and Safety Commission Act 2018 (Cwlth); and

(b)under the Aged Care Act 1997 (Cwlth), is providing residential care to an NDIS participant in a residential facility in which the provider is operating a residential care service; and

(c)is delivering NDIS supports or services to the NDIS participant.

(3)Despite sections 53 and 54 of the Act, the relevant aged care provider may engage, or continue to engage, a person to carry out risk-assessed NDIS work if—

(a)the provider complies with the Accountability Principles 2014 (Cwlth), parts 6 and 7A in relation to the person; and

(b)there is a valid police certificate for the person; and

(c)a relevant event has not happened for the person.

(4)A police certificate for a person is a valid police certificate if—

(a)the certificate was issued before 1 February 2021; and

(b)less than 3 years has passed since the certificate was issued.

(5)Each of the following is a relevant event for the person—

(a)for a person who is a staff member or volunteer of the provider under the Accountability Principles 2014 (Cwlth)—the registered NDIS provider becomes required, under section 50 of those principles, to ensure the person is not allowed to continue as a staff member or volunteer of the provider;

(b)for a person who is 1 of the key personnel of the provider under the Aged Care Quality and Safety Commission Act 2018 (Cwlth)—the provider ascertains the person is a disqualified individual under that Act;

(c)a disability worker screening application made by the person is decided or withdrawn;

(d)an interim bar is imposed on the person.

(6)In this section—

NDIS participant means a participant under the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.

police certificate, for a person, see the Accountability Principles 2014 (Cwlth), section 4.