26Application—special arrangements for Queensland

26 Application—special arrangements for Queensland

(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 Queensland. (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in Queensland 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) any of the following apply: (i) the person meets the requirements specified in the Disability Services Act 2006 (Qld), as in force from time to time, in relation to screening of persons engaged to provide services to people with disability; (ii) the person meets the requirements specified in the Working with Children (Risk Management and Screening) Act 2000 (Qld), as in force from time to time, in relation to screening for regulated employment or regulated businesses; (iii) the person engages in the risk assessed role in the person’s capacity as a registered health practitioner (within the meaning of the Health Practitioner Regulation National Law 2009 (Qld) as in force from time to time) and the person has a certificate of registration (within the meaning of that Act); and (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not come into effect. Special arrangements after the transition period (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 after the end of the transition period; and (b) immediately before the end of the transition period: (i) the person satisfied paragraph (3)(b); or (ii) the person has made a valid application to seek to meet a requirement mentioned in subparagraph (3)(b)(i) or (ii) and that application has not been decided; and (c) it is before the transition time for the person; and (d) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not yet come into effect. (5) For the purposes of paragraph (4)(c), the transition time for a person is the later of the following: (a) if the person meets subparagraph (4)(b)(i)—the day the relevant notice or certificate that the person held immediately before the end of the transition period expires; (b) if the person meets subparagraph (4)(b)(ii)—the earlier of the following: (i) if the person is granted a notice in relation to the valid application mentioned in that subparagraph—the day that notice expires; (ii) if the person is not granted a notice in relation to that valid application—the day the person was notified of the decision not to grant the notice. (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 (4)(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. 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: