Disability Services Act 2006
sec.54Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited
Start here
Get a plain-English read of sec.54
Turn the raw legal text into a practical explanation grounded in Disability Services Act 2006.
sec.54 Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited
A person must not start, or continue, an engagement to carry out risk-assessed NDIS work for a registered NDIS provider unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. A person who is a registered NDIS provider must not carry out risk-assessed NDIS work as an NDIS sole trader unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty—500 penalty units or 5 years imprisonment. It is an aggravating circumstance for an offence against subsection (1) if the person— held an NDIS clearance that was cancelled on the person’s request under division 6 ; or held an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or is a disqualified person; or holds a negative notice under the Working with Children Check Act 2000 ; or is subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order. s 54 prev s 54 om 2014 No. 12 s 56 pres s 54 amd 2010 No. 5 s 96 sub 2020 No. 39 s 11 amd 2024 No. 49 s 130 sch 4 pt 2 (sec.54-ssec.1) A person must not start, or continue, an engagement to carry out risk-assessed NDIS work for a registered NDIS provider unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. (sec.54-ssec.2) A person who is a registered NDIS provider must not carry out risk-assessed NDIS work as an NDIS sole trader unless the person holds an NDIS clearance or interstate NDIS clearance. Maximum penalty—500 penalty units or 5 years imprisonment. (sec.54-ssec.3) It is an aggravating circumstance for an offence against subsection (1) if the person— held an NDIS clearance that was cancelled on the person’s request under division 6 ; or held an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or is a disqualified person; or holds a negative notice under the Working with Children Check Act 2000 ; or is subject to— offender reporting obligations; or an offender prohibition order; or an offender prohibition disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order.
- (a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or
- (b) otherwise—100 penalty units.
- (a) held an NDIS clearance that was cancelled on the person’s request under division 6 ; or