Document ID: chunk:federal_register_of_legislation:F2021C00788:reg:23:p1
Version: federal_register_of_legislation:F2021C00788
Segment Type: reg
Provision Reference: reg 23 (pt 1/2)
Character Range: 39555–42127

23  Application ‑ special arrangements New South Wales
       (1) This section applies to a person or entity that has applied to be, or is, registered as a registered NDIS provider to deliver any class of support or service to a participant residing in New South Wales.
       (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in New South Wales if that provider complies with this section.
    Transitional arrangements
       (3) A registered NDIS provider may allow a person to engage in a risk assessed role at a time when the person does not have a clearance if:
         (a) the person has an acceptable NSW check at that time; and
         (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (11) has not come into effect.
 (4) A registered NDIS provider may allow a person to engage in a risk assessed role at a time when the person does not have a clearance if:
 (a) at that time, the person is:
 (i) a secondary school student on a formal work experience placement with the registered NDIS provider; and
 (ii) directly supervised by a person who has an acceptable NSW check at that time; and
 (b) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (11) has not yet come into effect.
 (5) A person has an acceptable NSW check at a time if:
 (a) at that time, the person is not engaging in child‑related work in the risk assessed role; and
 (b) a criminal record check in relation to the person was obtained:
 (i) no more than 4 years before that time; and
 (ii) on or before 30 June 2018; and
 (c) that criminal record check showed that the person had no conviction for a prescribed criminal offence; and
 (d) the person has not subsequently been subject to a criminal record check that showed that the person had a conviction for a prescribed criminal offence.
 (6) A person has an acceptable NSW check at a time if:
 (a) at that time, the person is not engaging in child‑related work in the risk assessed role; and
 (b) a criminal record check in relation to the person was obtained:
 (i) no more than 2 years before that time; and
 (ii) during the transition period; and
 (c) that criminal record check showed that the person had no conviction for a prescribed criminal offence; and
 (d) the person has not subsequently been subject to a criminal record check that showed that the person had a conviction for a prescribed criminal offence.
 (7) A person has an acceptable NSW check at a time if:
 (a) at that time, the person