5Simplified outline of this Act

#### 5 Simplified outline of this Act The Minister may, on behalf of the Commonwealth, make, vary or administer an arrangement for the making of payments to a person, or make, vary or administer a grant of financial assistance to a person, in relation to various activities for the benefit of people with disability. Those activities are called eligible activities. However, the Minister must not make an arrangement for the making of payments, or make a grant of financial assistance, to a person unless the person is an eligible person. Generally, a person is an eligible person for an arrangement or grant if the person, and the person’s key personnel, are not subject to a banning order under the NDIS Act and, in the case where the arrangement or grant is in relation to a regulated activity, the person either: (a) holds a certificate of compliance for the regulated activity; or (b) is covered by a determination made by the Secretary specifying a day by which the person must obtain a certificate of compliance for the regulated activity. The Secretary can make a legislative instrument to prescribe kinds of eligible activities to be regulated activities. Accredited certification bodies, and the Secretary, can grant a person a certificate of compliance for a regulated activity. Certificates can be granted if the person complies with the compliance standards or alternative compliance requirements for regulated activities. A person to whom money may be payable under an arrangement, or who receives a grant of financial assistance, must comply with the statutory funding conditions under this Act and any other terms and conditions set out in a funding agreement with the Commonwealth. A breach of the statutory funding conditions can result in termination or variation of the funding agreement, termination or variation of the arrangement or grant and publication of information about the breach. The statutory funding conditions for a person who is a party to a funding agreement are the conditions that the person: (a) comply with the code of conduct; and (b) hold a certificate of compliance for regulated activities (or be covered by a determination made by the Secretary); and (c) implement and maintain an appropriate complaints management and resolution system; and (d) implement and maintain an appropriate incident management system; and (e) comply with other requirements in relation to banning orders under the NDIS Act. Rules made for the purposes of this Act can make provision for a code of conduct, compliance standards and alternative compliance requirements. Information obtained or generated by entrusted persons in administering this Act cannot be used or disclosed unless required or authorised by this Act.