Disability Services Act 2006
sec.53Registered NDIS provider engaging person to carry out risk-assessed NDIS work
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sec.53 Registered NDIS provider engaging person to carry out risk-assessed NDIS work
A registered NDIS provider must not engage, or continue to engage, a person to carry out risk-assessed NDIS work unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if the registered NDIS provider has been given notice that— the person’s NDIS clearance was cancelled on the person’s request under division 6 ; or the person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law. A registered NDIS provider does not commit an offence against subsection (1) if— the person (a subcontractor ) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and the provider has complied with the NDIS (Worker Screening) Practice Standards in relation to the subcontractor being engaged to carry out the risk-assessed NDIS work for the provider. s 53 prev s 53 om 2014 No. 12 s 56 pres s 53 amd 2010 No. 5 s 95 sub 2020 No. 39 s 11 (sec.53-ssec.1) A registered NDIS provider must not engage, or continue to engage, a person to carry out risk-assessed NDIS work unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. (sec.53-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the registered NDIS provider has been given notice that— the person’s NDIS clearance was cancelled on the person’s request under division 6 ; or the person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law. (sec.53-ssec.3) A registered NDIS provider does not commit an offence against subsection (1) if— the person (a subcontractor ) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and the provider has complied with the NDIS (Worker Screening) Practice Standards in relation to the subcontractor being engaged to carry out the risk-assessed NDIS work for the provider.
- (a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or
- (b) otherwise—100 penalty units.
- (a) the person’s NDIS clearance was cancelled on the person’s request under division 6 ; or
- (b) the person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law.
- (a) the person (a subcontractor ) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and