29BApplication—special arrangement for residential aged care providers

29B Application—special arrangement for residential aged care providers

(1) This section applies to a person or entity on a day if, on that day: (a) the person or entity is an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018); and (b) the person or entity is providing residential care (within the meaning of the Aged Care Act 1997) to a participant; and (c) the participant is a resident of the person or entity’s residential facility; and (d) the person or entity is a registered NDIS provider; and (e) the person or entity is providing supports or services to the participant in a participating jurisdiction. (2) A registered NDIS provider is complying with the transitional arrangements when delivering supports or services in a participating jurisdiction 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 registered NDIS provider is an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018); and (b) the person is: (i) a staff member of the approved provider; or (ii) a volunteer for the approved provider; or (iii) one of the approved provider’s key personnel (within the meaning of the Aged Care Quality and Safety Commission Act 2018); and (c) the person has an acceptable aged care provider check; 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 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 paragraphs (3)(b) and (c); and (c) a notice (if any) issued to the provider by the Commissioner pursuant to subsection (7) has not yet come into effect. Acceptable aged care provider checks—recognition of checks under the Accountability Principles 2014 (5) A person has an acceptable aged care provider check if: (a) the person is either: (i) a staff member of the approved provider; or (ii) a volunteer for the approved provider; and (b) the requirements under Part 6 of the Accountability Principles 2014 have been complied with in relation to the person, including the requirement that the person has been issued with a police certificate (within the meaning of those Principles) within the last 3 years; and (c) the police certificate is issued before 1 February 2021. (6) A person has an acceptable aged care provider check if: (a) the person is one of the approved provider’s key personnel (within the meaning of the Aged Care Quality and Safety Commission Act 2018); and (b) the person is not covered by subsection (5); and (c) the requirements under Part 7A of the Accountability Principles 2014 have been complied with in relation to the person, including the requirement that the provider has obtained a police certificate (within the meaning of those Principles) for the person; and (d) the police certificate is issued before 1 February 2021. 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). Concurrent operation (8) To avoid doubt, this section is intended to operate concurrently with sections 23 to 29A. Definitions (9) In this section: