Document ID: chunk:federal_register_of_legislation:F2023C00396:front:0:p3
Version: federal_register_of_legislation:F2023C00396
Segment Type: other
Provision Reference: 
Character Range: 5700–8779

set out the accredited third party conformity assessment regime to which NDIS providers will be subject. All registered NDIS providers offering supports and services to participants must meet quality and safety requirements in the Act (and NDIS rules).

The conformity assessment requirements are applied against the NDIS Practice Standards which are set out in legislative instruments made under section 73T of the Act. The NDIS Practice Standards draw on the National Standards for Disability Services and National Standards for Mental Health Services. The development of the NDIS Practice Standards was overseen by a Technical Reference Group. This group included representatives from each of the state and territory governments, the Commonwealth Department of Health, the National Disability Insurance Agency (NDIA), peak bodies representing people with disabilities and disability service providers. Unions and the peak body for disability advocates were also consulted.

The Commissioner approves a person or body to become an approved quality auditor under section 73U of the Act. The assessment of an approved quality auditor (certification, for providers delivering higher risk support classes and verification for providers delivering lower risk support classes) may be relied on by the Commissioner when making decisions under the Act.

For example, the certification and verification attestations of an approved quality auditor may be relied on by the Commissioner in considering whether to register an applicant as a registered NDIS provider. Section 73E(1)(c) of the Act provides: 'The Commissioner may register a person as a registered NDIS provider if…the applicant has been assessed by an approved quality auditor as meeting the applicable standards and other requirements prescribed by the NDIS Practice Standards'. The outputs of approved quality auditors may be relevant to imposing conditions of registration on registered NDIS providers, or in considering applications for registration (section 73G and section 73E(5)(d) of the Act), varying registration unilaterally (section 73L of the Act) or taking action under (section 73M), suspending registration (section 73N), or revoking registration (section 73P). Conditions of registration may extend to the 'timing and type of audits' required of registered NDIS providers (section 73G(3) of the Act).

The Commission may utilise approved quality auditor surveillance activities and outputs for its complaints investigation processes (section 73X of the Act), compliance notices (section 73ZM of the Act), banning orders (section 73ZN of the Act), enforceable undertakings (section 73ZP of the Act), and/or injunctions (section 73ZQ of the Act).

If the criteria in section 73E are met, the Commissioner will issue the applicant with a certificate of registration. The conformity assessment certification or verification will not be publicly displayed or otherwise publicly available unless required to be made available by law. It will be used by the Commissioner to assist with the performance of functions