Document ID: chunk:federal_register_of_legislation:F2021C00788:reg:23:p2
Version: federal_register_of_legislation:F2021C00788
Segment Type: reg
Provision Reference: reg 23 (pt 2/2)
Character Range: 41905–43837

not subsequently been subject to a criminal record check that showed that the person had a conviction for a prescribed criminal offence.
 (7) A person has an acceptable NSW check at a time if:
 (a) at that time, the person is engaging in child‑related work in the risk assessed role; and
 (b) at that time, a working with children check clearance (within the meaning of the Child Protection (Working With Children) Act 2012 (NSW) as in force from time to time) issued to the person is in force; and
 (c) that clearance was issued to the person on a day that is no later than the last day of the transition period.
       (9) The transition time for a person is the later of:
         (a) 1 February 2021; or
         (b) the expiry of an acceptable NSW check which applied to that person on 1 February 2021.
(10) An acceptable NSW check expires at the end of the last day that it meets the requirements of paragraph (6)(b), (7)(b) or (8)(c), as applicable.
       Notice
(11) The Commissioner may give a written notice to a registered NDIS provider that paragraph 14(1)(b) or (2)(b) no longer applies to the provider from the day specified in the notice (which must be at least 14 days after the notice is given).

Definitions
 (12) In this section:
child‑related work has the same meaning as in the Child Protection (Working With Children) Act 2012 (NSW) as in force from time to time.
criminal record check means a check of the same kind as that required for the purposes of section 32 of the Disability Inclusion Act 2014 (NSW) as in force from time to time.
prescribed criminal offence has the same meaning as in the Disability Inclusion Act 2014 (NSW) as in force from time to time.
transition period means the period:
 (a) starting on 1 July 2018; and
 (b) ending on the earlier of:
 (i) 31 January 2021; and
 (ii) the day notice is given under section 30 that the NDIS worker screening unit is operational in New South Wales.