29AApplication—special arrangements for Western Australia

29A Application—special arrangements for Western 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 Western Australia. (2) A registered NDIS provider is complying with the transitional arrangements when delivering services or supports in Western Australia if that registered NDIS 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 WA check at that time; and (b) a notice (if any) issued to the registered NDIS provider by the Commissioner pursuant to subsection (7) 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) at that time, the person is a secondary school student on a formal work experience placement with the registered NDIS provider; and (b) the person is directly supervised by a person who has an acceptable WA check at that time; and (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not yet come into effect. (5) A person has an acceptable WA check at a time (the relevant time) before 1 February 2023, if: (a) at the relevant time, the person is engaged by the registered NDIS provider; and (b) the person had been engaged by the registered NDIS provider on a day (the engagement day) before 1 December 2020 and has been continuously engaged with that provider since the engagement day; and (c) a national police check in relation to the person had been obtained from a checking agency no more than 3 years before both: (i) the relevant time; and (ii) 1 February 2021; and (d) the national police check showed that the person had no conviction for a relevant offence; and (e) at the relevant time, the registered NDIS provider is not aware of the person being subsequently convicted of a relevant offence; and (f) if the risk assessed role involves the person engaging in child‑related work—on a day that is no later than the last day of the transition period: (i) the person had been issued with an assessment notice, or a further assessment notice, and at the relevant time that assessment notice is in effect and has not expired or been cancelled; or (ii) the person had made an application for an assessment notice, or a further assessment notice, and at the relevant time the person has been issued with an assessment notice in relation to that application and that assessment notice is in effect and has not expired or been cancelled; or (iii) the person had made an application for an assessment notice, or a further assessment notice, and at the relevant time that application has not been decided or withdrawn and the person has not been issued with an interim negative notice in relation to that application. (6) A person has an acceptable WA check at a time (the relevant time) before 1 February 2023, if: (a) at the relevant time, the person is engaged by the registered NDIS provider; and (b) the person had begun the engagement with the registered NDIS provider on or after 1 December 2020 and before 1 February 2021; and (c) a national police check in relation to the person had been obtained from a checking agency no more than 12 months before both: (i) the relevant time; and (ii) the day the person began that engagement; and (d) the national police check showed that the person had no conviction for a relevant offence; and (e) at the relevant time, the registered NDIS provider is not aware of the person being subsequently convicted of a relevant offence; and (f) if the risk assessed role involves the person engaging in child‑related work—on a day that is no later than the last day of the transition period: (i) the person had been issued with an assessment notice, or a further assessment notice, and at the relevant time that assessment notice is in effect and has not expired or been cancelled; or (ii) the person had made an application for an assessment notice, or a further assessment notice, and at the relevant time the person has been issued with an assessment notice in relation to that application and that assessment notice is in effect and has not expired or been cancelled; or (iii) the person had made an application for an assessment notice, or a further assessment notice, and at the relevant time that application has not been decided or withdrawn and the person has not been issued with an interim negative notice in relation to that application. 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). Definitions (8) In this section: