Disability Services Act 2006
sec.375Application of new pt 5 to transitioned applicants
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sec.375 Application of new pt 5 to transitioned applicants
This section applies to a person if, on the commencement, the person— is the transitioned applicant for a transitioned application; and is engaged to carry out disability work by an NDIS service provider, funded service provider or the department, other than as a volunteer; and does not hold a transitioned exclusion. This section also applies to a person if, on the commencement, the person— is the transitioned applicant for a transitioned application; and is carrying out disability work as either— an NDIS sole trader or State sole trader; or a volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and holds a transitioned clearance or a working with children authority. Despite new part 5 and until a relevant event happens for the person— the person may continue to carry out, or be engaged to carry out, the disability work; and new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out the disability work. Each of the following is a relevant event for the person— the person’s transitioned application is decided or withdrawn; for a person who holds a transitioned clearance—the clearance is suspended or cancelled; an interim bar is imposed on the person. s 375 ins 2020 No. 39 s 24 (sec.375-ssec.1) This section applies to a person if, on the commencement, the person— is the transitioned applicant for a transitioned application; and is engaged to carry out disability work by an NDIS service provider, funded service provider or the department, other than as a volunteer; and does not hold a transitioned exclusion. (sec.375-ssec.2) This section also applies to a person if, on the commencement, the person— is the transitioned applicant for a transitioned application; and is carrying out disability work as either— an NDIS sole trader or State sole trader; or a volunteer engaged by an NDIS service provider, funded service provider or the department to carry out disability work; and holds a transitioned clearance or a working with children authority. (sec.375-ssec.3) Despite new part 5 and until a relevant event happens for the person— the person may continue to carry out, or be engaged to carry out, the disability work; and new sections 53, 54, 59 and 61 do not apply in relation to the person carrying out the disability work. (sec.375-ssec.4) Each of the following is a relevant event for the person— the person’s transitioned application is decided or withdrawn; for a person who holds a transitioned clearance—the clearance is suspended or cancelled; an interim bar is imposed on the person.
- (a) is the transitioned applicant for a transitioned application; and
- (b) is engaged to carry out disability work by an NDIS service provider, funded service provider or the department, other than as a volunteer; and