23Application ‑ special arrangements New South Wales

23 Application ‑ special arrangements New South Wales

(1) This section applies to a person or entity that has applied to be, or is, registered as a registered NDIS provider to deliver any class of support or service to a participant residing in New South Wales. (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in New South Wales if that provider complies with this section. Transitional arrangements (3) A registered NDIS provider may allow a person to engage in a risk assessed role at a time when the person does not have a clearance if: (a) the person has an acceptable NSW check at that time; and (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (11) has not come into effect. (4) A registered NDIS provider may allow a person to engage in a risk assessed role at a time when the person does not have a clearance if: (a) at that time, the person is: (i) a secondary school student on a formal work experience placement with the registered NDIS provider; and (ii) directly supervised by a person who has an acceptable NSW check at that time; and (b) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (11) has not yet come into effect. (5) A person has an acceptable NSW check at a time if: (a) at that time, the person is not engaging in child‑related work in the risk assessed role; and (b) a criminal record check in relation to the person was obtained: (i) no more than 4 years before that time; and (ii) on or before 30 June 2018; and (c) that criminal record check showed that the person had no conviction for a prescribed criminal offence; and (d) the person has not subsequently been subject to a criminal record check that showed that the person had a conviction for a prescribed criminal offence. (6) A person has an acceptable NSW check at a time if: (a) at that time, the person is not engaging in child‑related work in the risk assessed role; and (b) a criminal record check in relation to the person was obtained: (i) no more than 2 years before that time; and (ii) during the transition period; and (c) that criminal record check showed that the person had no conviction for a prescribed criminal offence; and (d) the person has not subsequently been subject to a criminal record check that showed that the person had a conviction for a prescribed criminal offence. (7) A person has an acceptable NSW check at a time if: (a) at that time, the person is engaging in child‑related work in the risk assessed role; and (b) at that time, a working with children check clearance (within the meaning of the Child Protection (Working With Children) Act 2012 (NSW) as in force from time to time) issued to the person is in force; and (c) that clearance was issued to the person on a day that is no later than the last day of the transition period. (9) The transition time for a person is the later of: (a) 1 February 2021; or (b) the expiry of an acceptable NSW check which applied to that person on 1 February 2021. (10) An acceptable NSW check expires at the end of the last day that it meets the requirements of paragraph (6)(b), (7)(b) or (8)(c), as applicable. Notice (11) The Commissioner may give a written notice to a registered NDIS provider that paragraph 14(1)(b) or (2)(b) no longer applies to the provider from the day specified in the notice (which must be at least 14 days after the notice is given). Definitions (12) In this section: