50Continuing responsibilities of approved providers

50 Continuing responsibilities of approved providers

(1) An approved provider must ensure that for each person who is a staff member of the approved provider, or a volunteer for the approved provider, either: (a) there is a police certificate for the person that is not more than 3 years old and that does not record that the person has been: (i) convicted of murder or sexual assault; or (ii) convicted of, and sentenced to imprisonment for, any other form of assault; or (b) the person has an NDIS worker screening clearance that: (i) is not more than 5 years old; and (ii) is not suspended. (1A) Subsection (1) does not apply in relation to a period during which there is no police certificate for a person, or the person does not have an NDIS worker screening clearance, as permitted by section 49. (2) An approved provider must ensure that each person who is a staff member of the approved provider, or a volunteer for the approved provider, is not allowed to continue as a staff member or volunteer unless the approved provider is satisfied that neither a police certificate issued for the person (if any), nor any statutory declaration made by the person, records that the person has been: (a) convicted of murder or sexual assault; or (b) convicted of, and sentenced to imprisonment for, any other form of assault. (3) An approved provider must take reasonable measures to require each person who is a staff member of the approved provider, or a volunteer for the approved provider, to notify the approved provider if the staff member or volunteer is: (a) convicted of murder or sexual assault; or (b) convicted of, and sentenced to imprisonment for, any other form of assault. (4) An approved provider must ensure that a staff member of the approved provider, or a volunteer for the approved provider, is not allowed to continue as a staff member or volunteer if the approved provider is satisfied on reasonable grounds that the staff member or volunteer has been: (a) convicted of murder or sexual assault; or (b) convicted of, and sentenced to imprisonment for, any other form of assault.