Document ID: chunk:federal_register_of_legislation:F2019N00116:reg:13:p1
Version: federal_register_of_legislation:F2019N00116
Segment Type: reg
Provision Reference: reg 13 (pt 1/2)
Character Range: 26565–29640

13  Paragraph 13A(1)(f)- Events related to key personnel suitability
 (1) Paragraph 13A(1)(f) of the NDIS Provider Registration and Practice Standards Rules requires a registered NDIS provider to give the Commissioner notice of an event, relating to the suitability of the provider's key personnel to be involved in the provision of supports or services that the provider is registered to provide, to which the Commissioner would be required to have regard under any of the paragraphs 10(2)(b) to (g) of the NDIS Provider Registration and Practice Standards Rules if the provider were an applicant for registration as a registered NDIS provider.
         (2) A registered NDIS provider must therefore give the Commissioner notice of the following events relating to a member of its key personnel as referred to in paragraphs 10(2)(b) to (g):

                * 10(2)(b) - the member's conviction of an indictable offence against a law of the Commonwealth or of a State or Territory;
                * 10(2)(c) - the member becoming insolvent under administration;
                * 10(2)(d) and 10(2)(e) - the making of adverse findings about the member or the taking of enforcement action against the member by any of the following:

                 1. a Department of, or an authority or other body established for a public purpose by, the Commonwealth, a State or a Territory, including one with responsibilities relating to the quality or regulation of services provided to people with disability, older people or children;
                 2. the Australian Securities and Investments Commission;
                 3. the Australian Charities and Not‑for‑profits Commission;
                 4. the Australian Competition and Consumer Commission;
                 5. the Australian Prudential Regulation Authority;
                 6. the Australian Crime Commission;
                 7. AUSTRAC;
                 8. a body of a State or Territory that is equivalent to a body mentioned in any of subsections (ii) to (vii);
                 9. a work health and safety authority of a State or Territory

                * 10(2)(f) - the making of adverse findings about the member or of a judgement relating to the member in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings, or the fact that the member is currently party to any proceedings that may result in the member being the subject of such findings or judgment;
                * 10 (2)(g) - the disqualification of the member from managing corporations under Part 2D.6 of the Corporations Act 2001(Cth).
        (3)  Notification of the events in the preceding subsection should be made in relation to:
              (a)    a member of the provider's key personnel that the Commissioner was satisfied, under paragraph 73E(1)(c) of the Act, as suitable to be involved in the provision of supports or services for which the provider was registered to provide; and
              (b)    a person who has become a member of the provider's key personnel since the