24Application ‑ special arrangements South Australia

24 Application ‑ special arrangements South Australia

(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 South Australia. (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in South Australia 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 SA check; and (b) it is before the transition time for the person; and (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (9) 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 the person is: (a) a secondary school student on a formal work experience placement with the registered NDIS provider; and (b) directly supervised by a person who meets the requirements of (3)(a) and (b); and (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (9) has not yet come into effect. Acceptable SA checks—recognition of South Australian checks (6) A person has an acceptable SA check if: (a) the risk assessed role does not involve the person engaging in child‑related work; and (b) before or during the transition period, or within 2 months after the end of the transition period: (i) the person has been subject to an assessment (within the meaning of section 5B of the Disability Services Act 1993 (SA) as in force from time to time); and (ii) an authorised screening unit has made a finding, in relation to that assessment, to the effect that the person is cleared for disability services employment; and (c) an authorised screening unit has not subsequently made a contrary finding in relation to another assessment the person has been subject to under that Act; and (d) it is not more than 3 years since the finding referred to in subparagraph (b)(ii). (6A) A person has an acceptable SA check if: (a) before or during the transition period: (i) the person has been subject to an assessment (within the meaning of section 8B of the Children’s Protection Act 1993 (SA) as in force immediately before it was repealed or section 8 of the Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA) as in force from time to time); and (ii) an authorised screening unit has made a finding, in relation to that assessment, to the effect that the person is cleared for child‑related employment; and (b) an authorised screening unit has not: (i) made a finding under an Act mentioned in subparagraph (a)(i) to the effect that the person is not cleared for child‑related employment; or (ii) made a finding under the Disability Services Act 1993 (SA), as in force from time to time, to the effect that the person is not cleared for disability services employment; and (c) the person is not a prohibited person; and (d) it is not more than 3 years since the finding referred to in subparagraph (a)(ii). (6B) A person has an acceptable SA check if: (a) during the transition period: (i) the person has been subject to a working with children check conducted by the central assessment unit in accordance with the Child Safety (Prohibited Persons) Act 2016 (SA) as in force from time to time; and (ii) the central assessment unit has determined under that Act that the person is not prohibited from working with children; and (b) an authorised screening unit has not made a finding under the Disability Services Act 1993 (SA), as in force from time to time, to the effect that the person is not cleared for disability services employment; and (c) the person is not a prohibited person; and (d) it is not more than 5 years since the determination referred to in subparagraph (a)(ii). Transition time (7) The transition time for a person is the later of: (a) 1 February 2021; or (b) the expiry of an acceptable SA check which applied to that person on 1 February 2021. (8) An acceptable SA check expires at the end of the last day that it meets the requirements of paragraph (6)(d), (6A)(d) or (6B)(d), as applicable. Notice (9) 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 (10) In this section: