Document ID: chunk:federal_register_of_legislation:F2019N00116:reg:15:p1
Version: federal_register_of_legislation:F2019N00116
Segment Type: reg
Provision Reference: reg 15 (pt 1/3)
Character Range: 1239–4263

15  Commissioner's actions in response to notice of changes or events

Introduction

This instrument is made by the Commissioner of the NDIS Quality and Safeguards Commission (NDIS Commission).  The Commissioner is assisted by staff of the NDIS Commission to perform a range of functions under the National Disability Insurance Scheme Act 2013 (the Act). These include the Commissioner's registration and reportable incident functions, including the function of monitoring registered NDIS providers' compliance with their conditions of registration.

Section 73H of the Act provides that the National Disability Insurance Scheme rules may determine that each registration, or each registration included in a specified class of registration, is taken to include one or more specified conditions.

Sections 13 and 13A of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018, as (respectively) substituted and inserted by the National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (2019 Measures No. 1) Rules 2019, impose conditions on each registered NDIS provider relating to the giving of notice to the Commissioner of certain changes and events.

Section 13 imposes a condition of registration on each registered NDIS providers to give the Commissioner notice of certain changes, being changes to contact details and changes in the scale of the provider. Notice of the change must be given by the registered NDIS provider, in the form approved by the Commissioner, as soon as practicable after the earlier of the following times:

 (i) when the provider becomes aware that the change will occur;
 (ii) when the change occurs.

Section 13A imposes a condition of registration on each registered NDIS provider to give the Commissioner notice of certain events, including the occurrence of events relating to the provider's suitability to be registered (such as the provider becoming insolvent, or becoming the subject of adverse findings or enforcement action by relevant authorities) and significant changes in the organisation or governance arrangements of the provider. Notice of the event must be given by the registered NDIS provider as soon as practicable after the event occurs, in the form approved by the Commissioner.

Section 13 helps to ensure that the NDIS Commission is kept informed of contact details for the NDIS registered provider, which is critical to the Commissioner communicating with the provider, liaising with the provider regarding any complaints made to the Commissioner about it, and, where relevant, when the Commissioner is undertaking his/her compliance and enforcement activities.

These conditions of registration also help to ensure that the Commissioner is given an opportunity to consider if he/she remains satisfied that the provider and the provider's key personnel are suitable to be, respectively, a registered NDIS provider and involved in the provision of the supports or services concerned.