Document ID: chunk:federal_register_of_legislation:F2023C00205:body:0:p4
Version: federal_register_of_legislation:F2023C00205
Segment Type: other
Provision Reference: 
Character Range: 8767–12196

under subsection 181D(2) of the National Disability Insurance Scheme Act 2013.
Note: Subsection 181D(1) lists the functions of the Commissioner for the NDIS Quality and Safeguards Commission. They include the behaviour support function in section 181H. Subsection 181D(2) allows the Commissioner, by notifiable instrument, to make guidelines relating to the performance of those functions.

4.      Definitions

                   In this instrument:

  applicant means a person who makes an application to the Commissioner for consideration of the person's suitability and application has a corresponding meaning.

  application form means a form made available by the Commission for the making of an application to the Commissioner for consideration of a person's suitability .

            Note:          The form can be obtained from the Commission by contacting the Commission to request a copy.

  Behaviour Support Rules means the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018.

  Commission means the NDIS Quality and Safeguards Commission established by the NDIS Act.

  Commissioner means the Commissioner of the Commission or a person to whom the Commissioner has delegated the power to consider a person suitable to undertake behaviour support assessments (including functional behavioural assessments) and to develop behaviour support plans that may contain the use of restrictive practices and, therefore, an 'NDIS behaviour support practitioner' as defined by section 5 of the Behaviour Support Rules.

  NDIS Act means the National Disability Insurance Scheme Act 2013.

  NDIS behaviour support practitioner means a person whom the Commissioner considers to be suitable.

  PBS Capability Framework means the Positive Behaviour Support Capability Framework for NDIS providers and behaviour support practitioners published by the Commission and accessible on the NDIS Commission's website https://www.ndiscommission.gov.au/pbscapabilityframework

            Note:          A copy of the Positive Behaviour Support Capability Framework for NDIS providers and behaviour support practitioners is accessible on the Commission's website: www.ndiscommission.gov.au .

  self-assessment means a self-assessment as described in the Self-Assessment Resource Guide.

  Self-Assessment Resource Guide means the Self-Assessment Resource Guide for the Positive Behaviour Support Capability Framework published by the Commission.

            Note:          A copy of the Self-Assessment Resource Guide for the Positive Behaviour Support Capability Framework is accessible is on the Commission's website: www.ndiscommission.gov.au .

  suitable means suitable to undertake behaviour support assessments (including functional behavioural assessments) and to develop behaviour support plans that may contain the use of restrictive practices and suitability has a corresponding meaning.

  supervision agreement means a supervision agreement as described in the Self-Assessment Resource Guide.

Part 2 – Applying to be considered suitable

5.      Making the application

    (1)   A person may apply to the Commissioner for consideration of the person's suitability.

            Note:          A person whom the Commissioner (or a delegate of the Commissioner) considers suitable is an 'NDIS behaviour support practitioner' as defined by section 5 of the Behaviour Support Rules.