Document ID: chunk:federal_register_of_legislation:F2019N00116:reg:15:p2
Version: federal_register_of_legislation:F2019N00116
Segment Type: reg
Provision Reference: reg 15 (pt 2/3)
Character Range: 4002–7074

the Commissioner is given an opportunity to consider if he/she remains satisfied that the provider and the provider's key personnel are suitable to be, respectively, a registered NDIS provider and involved in the provision of the supports or services concerned. The occurrence of particular events in relation to a registered NDIS provider may indicate that there is a risk that NDIS participants may be harmed by adverse changes.

Sections 13 and 13A also support the Commissioner's market oversight function under section 181E(i) of the Act, specifically, enabling the Commissioner to monitor changes in the NDIS market that may indicate emerging risk.

Pursuant to section 73J of the Act, a registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider's registration is subject.

Subsection 181D(2) provides that the Commissioner may, by notifiable instrument, make guidelines relating to the performance of any of the functions mentioned in subsection 181D(1), which includes the Commissioner's registration and reportable incident functions. These guidelines contain matters that the Commissioner will take into account in assessing compliance by registered NDIS providers with the conditions of registration contained in sections 13 and 13A of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.

Part 1 – Preliminary

1 Name
  This instrument is the National Disability Insurance Scheme (Registered NDIS Provider Notice of Changes and Events) Guidelines 2019.

2 Commencement
 This instrument commences on 1 January 2020.

3 Authority
 This instrument is made under subsection 181D(2) of the National Disability Insurance Scheme Act 2013.

4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
(a) Agency;
(b) Commission;
(c) Commissioner;
(d) Key personnel;
(e) Participant;
(f) Registered NDIS provider;
(g) Supports.
  In this instrument:
              Act means the National Disability Insurance Scheme Act 2013.

       Commission System means the online system or portal that the Commission, approved quality auditors and NDIS providers use for the purposes of the Act, including the accessing and maintenance of records of registration.

       NDIS Provider Registration and Practice Standards Rules means the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.

       Transitioned provider has the same meaning as in section 4 of the National Disability Insurance Scheme (Quality and Safeguards Commission and Other Measures) Transitional Rules 2018.
Worker means any of the following:
 (a) a person employed or otherwise engaged by a registered NDIS provider;
 (b) a partner (of a partnership that is a registered NDIS provider) whose role is of the kind mentioned in section (b) or (c) of the definition of risk assessed role in the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018;
 (c) an