Document ID: chunk:federal_register_of_legislation:F2023C00396:reg:6
Version: federal_register_of_legislation:F2023C00396
Segment Type: reg
Provision Reference: reg 6
Character Range: 30188–32285

6  Applicants
    (1) An audit for the purposes of carrying out an assessment under Part 3A of Chapter 4 of the Act and section 13B of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 is conducted by an approved quality auditor.
    (2) In deciding whether to approve a person or body as an approved quality auditor under section 73U of the Act, the Commissioner may consider whether that person or body can properly conduct audits in accordance with this instrument.
            Note 1: Pursuant to subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of an administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
            Note 2: Accordingly, in making a decision to revoke the approval of a person or body to be an approved quality auditor in reliance on subsection 33(3) of the Acts Interpretation Act 1901, the Commissioner may take into account whether they failed to maintain an appropriate standard of auditing, including by reference to the matters in subsection 6(3).
    (3) Matters which the Commissioner may (but is not required to) take into account when forming a view under (2) include:
(a) whether the person or body  has been accredited by JAS‑ANZ;
(b) whether relevant staff of the person or body have completed Commission auditor training; and
(c) any other matter the Commissioner considers relevant to the conduct of audits in accordance with this instrument.
    (4) For the purposes of this section, accreditation by JAS‑ANZ means accreditation by JAS‑ANZ by reference to:
(a) the JAS‑ANZ Accreditation Manual;
(b) ISO/IEC 17065:2012 ‑ Conformity assessment — Requirements for bodies certifying products, processes and services – available from your national standards writing body,
(c) this instrument, and
(d) JAS‑ANZ Policy 03/11 ‑ Transfer of Accredited Management Systems Certification.