Document ID: chunk:federal_register_of_legislation:F2023C00396:reg:5c
Version: federal_register_of_legislation:F2023C00396
Segment Type: reg
Provision Reference: reg 5C
Character Range: 28029–30188

5C  Authorisation for a modified NDIS RAC audit
(1)   The Commissioner has determined that the existing aged care audit process against the Aged Care Standards undertaken under the Aged Care Quality and Safety Commission Act 2018 is a comparable quality audit process for the purpose of subsection 5(3) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.
       (2) An approved quality auditor may request information from an eligible RAC provider, in accordance with the modified NDIS RAC audit pathway, for the purposes of assessing whether to make an application to the Commissioner for an authorisation under subsection 5(3) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.
       (3) The Commissioner will determine whether an eligible RAC provider may be audited by an approved quality auditor using a modified NDIS RAC audit as follows:
          (a) on the Commissioner's own motion in conjunction with issuing an authorisation under subsection 5(3) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018; or
          (b) following receipt by the Commission of an application by an approved quality auditor in accordance with the modified NDIS RAC audit pathway.
       (4) The Commissioner will make the determination referred to in (3) on a case by case basis.
Note 1:  The Commissioner's approved modified NDIS RAC audit pathway is set out in the "Modified NDIS audit pathway for residential aged care providers supporting NDIS participants" document as existing from time to time and published on the Commission website.
Note 2: For clarity, a person or entity that is an approved provider under the Aged Care Quality and Safety Commission Act 2018 and who seeks registration under Part 3A of the NDIS Act as a registered NDIS provider but who is not determined under this section to be audited using a modified NDIS RAC audit is to be audited by an approved quality auditor using the applicable audit process set out in Part 2 of this instrument.

Part 2 – Standards and Process Requirements