Document ID: chunk:federal_register_of_legislation:F2021C00788:reg:14:p1
Version: federal_register_of_legislation:F2021C00788
Segment Type: reg
Provision Reference: reg 14 (pt 1/2)
Character Range: 25693–28338

14  Exceptions in relation to clearance
 (1) 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) all of the following apply:
 (i) the person is in the process of obtaining a clearance;
 (ii) the person is appropriately supervised by a person with a clearance;
 (iii) the registered NDIS provider is implementing a risk management plan developed and maintained in accordance with Division 3;
 (iv) the law of the participating jurisdiction in which the person provides supports or services to a person with disability allows the person to engage in a risk assessed role while that person is in the process of obtaining a clearance; or
 (b) all of the following apply:
 (i) the registered NDIS provider is complying with the transitional arrangements set out in Part 4 that apply in relation to the person in the participating jurisdiction in which supports or services are provided to a person with disability;
 (ii) the person has not been issued with an interim bar that is in force and is not subject to an exclusion in relation to an application for an NDIS worker screening check;
 (iii) the person is not subject to a suspension that is in force in relation to a clearance and has not had a clearance cancelled; or
 (c) 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 worker of the provider who has a clearance.
 (2) A registered NDIS provider who is an individual may engage in a risk assessed role when the registered NDIS provider does not have a clearance at a time when:
 (a) all of the following apply:
 (i) the registered NDIS provider is in the process of obtaining a clearance;
 (ii) the registered NDIS provider is appropriately supervised by a person with a clearance;
 (iii) the registered NDIS provider is implementing a risk management plan developed and maintained in accordance with Division 3;
 (iv) the law of the participating jurisdiction in which the person provides services to a person with disability allows the registered NDIS provider to engage in a risk assessed role while the registered NDIS provider is in the process of obtaining a clearance; or
 (b) all of the following apply:
 (i) the registered NDIS provider is complying with the transitional arrangements set out in Part 4 that apply in relation to the person in the participating jurisdiction in which supports or services are provided to a person with disability;
 (ii) the registered NDIS provider has not been issued with an interim bar that is in force