sec.113Effect of suspension of clearance

sec.113 Effect of suspension of clearance

This section applies while the person’s clearance is suspended. The person must not— start an engagement to carry out disability work; or if the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or carry out disability work as an NDIS sole trader or State sole trader. Maximum penalty—500 penalty units or 5 years imprisonment. An employer of the person who is given notice about the suspension of the person’s clearance under section 112 must not terminate the person’s employment solely or mainly because of the suspension. See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work. See section 138ZZB in relation to notices under section 112 if the NDIS commission communicates the relevant information to the notifiable person. The person’s clearance continues in force even if it would otherwise end under section 101 (2) . s 113 amd 2010 No. 5 s 136 sub 2020 No. 39 s 11 amd 2024 No. 50 s 17 (sec.113-ssec.1) This section applies while the person’s clearance is suspended. (sec.113-ssec.2) The person must not— start an engagement to carry out disability work; or if the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or carry out disability work as an NDIS sole trader or State sole trader. Maximum penalty—500 penalty units or 5 years imprisonment. (sec.113-ssec.3) An employer of the person who is given notice about the suspension of the person’s clearance under section 112 must not terminate the person’s employment solely or mainly because of the suspension. See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work. See section 138ZZB in relation to notices under section 112 if the NDIS commission communicates the relevant information to the notifiable person. (sec.113-ssec.4) The person’s clearance continues in force even if it would otherwise end under section 101 (2) .

• (a) start an engagement to carry out disability work; or
• (b) if the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or
• (c) carry out disability work as an NDIS sole trader or State sole trader.
• 1 See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work.