28Application—special arrangements for ACT

28 Application—special arrangements for ACT

(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 the Australian Capital Territory. (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in the Australian Capital Territory 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 person is registered to engage in a regulated activity under the Working with Vulnerable People (Background Checking) Act 2011 (ACT), as in force from time to time; and (c) the registration is in terms that allow the person to engage in the role concerned; and (d) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (8) has not yet 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 (8) has not yet come into effect. Special arrangements after 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) immediately before the end of the transition period, the person met the requirements of paragraphs (3)(b) and (c); 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 (8) has not yet come into effect. (6) For the purposes of paragraph (5)(c), the transition time for a person is the earlier of: (a) 3 years after the person is registered under the Working with Vulnerable People (Background Checking) Act 2011 (ACT), as in force from time to time; and (b) the expiry of the registration that the person held immediately before the end of the transition period. (7) 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) and (c); and (d) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (8) has not yet come into effect. Notice (8) 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 (9) In this section: