15Statutory funding conditions

#### 15 Statutory funding conditions Statutory funding conditions (1) This section sets out the statutory funding conditions that apply to a person: (a) to whom money may be payable under an arrangement made under section 13; or (b) who receives a grant of financial assistance made under section 13. First condition—code of conduct (2) The first statutory funding condition is the condition that the person complies with the code of conduct. > Note: For the code of conduct, see section 20. Second condition—certificate of compliance (3) The second statutory funding condition is the condition that, if the arrangement or grant is in relation to an eligible activity that is a regulated activity, the person: (a) holds a certificate of compliance for the regulated activity; or (b) is covered by a determination, in force under subsection 9(2), for the regulated activity and the day specified in the determination has not occurred. > Note: For certificates of compliance, see sections 21 and 22. Third condition—complaints management and resolution system (4) The third statutory funding condition is the condition that the person implements and maintains a complaints management and resolution system that: (a) is appropriate for the size of the person and for the kinds of eligible activities to which the arrangement or grant relates; and (b) acknowledges the role of advocates (including independent advocates), and other representatives, of people with disability; and (c) provides for cooperation with, and facilitates arrangements for, those advocates, and other representatives, to support people with disability who: (i) are affected by the complaints process; and (ii) wish to be independently supported in that process by an advocate or other representative; and (d) complies with the requirements (if any) prescribed by the rules for the purposes of this paragraph. Fourth condition—incident management system (5) The fourth statutory funding condition is the condition that the person implements and maintains an incident management system that: (a) is appropriate for the size of the person and for the kinds of eligible activities to which the arrangement or grant relates; and (b) complies with the requirements (if any) prescribed by the rules for the purposes of this paragraph. Fifth condition—banning orders (6) The fifth statutory funding condition is the condition that: (a) the person is not subject to a banning order that is in force under section 73ZN of the NDIS Act; and (b) none of the members of the key personnel of the person is subject to a banning order that is in force under section 73ZN of the NDIS Act; and (c) if another person (the employee), who is employed or otherwise engaged by the person, is subject to a banning order that is in force under section 73ZN of the NDIS Act in relation to activities, supports or services: (i) the employee does not breach the banning order in engaging in those activities or providing those supports or services for, or on behalf of, the person; and (ii) if the employee became subject to the banning order on or after the day the arrangement or grant is made—the person notifies the Secretary, in writing, of the banning order as soon as practicable after the banning order is made; and (iii) if the employee became subject to the banning order before the day the arrangement or grant is made—the person notifies the Secretary, in writing, of the banning order as soon as practicable after the day the arrangement or grant is made.