Document ID: chunk:federal_register_of_legislation:F2021C00788:reg:29a:p1
Version: federal_register_of_legislation:F2021C00788
Segment Type: reg
Provision Reference: reg 29A (pt 1/3)
Character Range: 69876–72476

29A  Application—special arrangements for Western Australia
 (1) This section applies to a person or entity that has applied to be, or is, registered as a registered NDIS provider to deliver any class of support or service to a participant residing in Western Australia.
 (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in Western Australia if that registered NDIS provider complies with this section.

Transitional arrangements
 (3) A registered NDIS provider may allow a person to engage in a risk assessed role at a time when the person does not have a clearance if:
 (a) the person has an acceptable WA check at that time; and
 (b) a notice (if any) issued to the registered NDIS provider by the Commissioner pursuant to subsection (7) has not yet come into effect.
 (4) A registered NDIS provider may allow a person to engage in a risk assessed role at a time when the person does not have a clearance if:
 (a) at that time, the person is a secondary school student on a formal work experience placement with the registered NDIS provider; and
 (b) the person is directly supervised by a person who has an acceptable WA check at that time; and
 (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not yet come into effect.
 (5) A person has an acceptable WA check at a time (the relevant time) before 1 February 2023, if:
 (a) at the relevant time, the person is engaged by the registered NDIS provider; and
 (b) the person had been engaged by the registered NDIS provider on a day (the engagement day) before 1 December 2020 and has been continuously engaged with that provider since the engagement day; and
 (c) a national police check in relation to the person had been obtained from a checking agency no more than 3 years before both:
 (i) the relevant time; and
 (ii) 1 February 2021; and
 (d) the national police check showed that the person had no conviction for a relevant offence; and
 (e) at the relevant time, the registered NDIS provider is not aware of the person being subsequently convicted of a relevant offence; and
 (f) if the risk assessed role involves the person engaging in child‑related work—on a day that is no later than the last day of the transition period:
 (i) the person had been issued with an assessment notice, or a further assessment notice, and at the relevant time that assessment notice is in effect and has not expired or been cancelled; or
 (ii) the person had made an application for an assessment notice, or a further assessment notice, and at