25Application—special arrangements for Victoria

25 Application—special arrangements for Victoria

(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 Victoria. (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in Victoria if that provider complies with this section. Special arrangements during the transition period (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) it is during the transition period; and (b) the provider is compliant with the safety screening requirements in relation to the person in accordance with the safety screening policy issued by the Victorian Department of Health and Human Services and as in force from time to time; and (c) the person’s safety screening is current in accordance with the requirements; and (d) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) 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) it is during the transition period; and (b) the person is a secondary school student on a formal work experience placement with the provider; and (c) the person is directly supervised by a person who meets the requirements of paragraphs (3)(b) and (c); and (d) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not yet come into effect. Special arrangements after the end of the transition period (5) 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) it is after the end of the transition period; and (b) before the end of the transition period, the provider was compliant with the safety screening requirements in relation to the person in accordance with the safety screening policy issued by the Victorian Department of Health and Human Services and as in force from time to time; and (c) the person’s safety screening is current in accordance with the requirements; and (d) any of the following apply: (i) the person has a current working with children check (within the meaning of the Working with Children Act 2005 (Vic.) as in force from time to time) that was issued to the person before the end of the transition period; (ii) less than 12 months have elapsed since the end of the transition period; (iii) 12 months or more have elapsed since the end of the transition period and the person is in the process of obtaining a clearance; and (e) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not come into effect. (6) 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) it is after the end of the transition period; and (b) the person is a secondary school student on a formal work experience placement with the provider; and (c) the person is directly supervised by a person who meets the requirements of paragraphs (5)(b), (c) and (d); and (d) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not yet come into effect. Notice (7) 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). Meaning of transition period (8) In this section: