Document ID: chunk:federal_register_of_legislation:F2023N00081:clause:1_5b:p1
Version: federal_register_of_legislation:F2023N00081
Segment Type: clause
Provision Reference: sch 1 cl 5B (pt 1/2)
Character Range: 5014–8077

5B  Eligible RAC provider
       (1)   A RAC provider is an eligible RAC provider if they are:
          (a)   a transitioned RAC provider within the meaning of subsection 12(4) of the National Disability Insurance Scheme (Quality and Safeguards Commission and Other Measures) Transitional Rules 2018; or
          (b)    a person or entity:
                 (i)                  that is an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018); and
                 (ii)               is providing residential care on a permanent basis to a participant; and
                 (iii)             the participant is approved as a recipient of residential care under Part 2.3 of the Aged Care Act 1997; and
                 (iv)              is a NDIS provider providing assistance with daily life tasks in a group or shared living arrangement under participants' plans.
Note: Assistance with daily life tasks in a group or shared living arrangement is the class of support referred to in item 15 of the table in subsection 20(3) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.

    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