5ADefinition of appropriate contract

5A Definition of appropriate contract

(1) An appropriate contract is a legally binding arrangement that: (a) is between a registered NDIS provider and a personnel provider in relation to an individual or individuals who will be personnel; and (b) imposes the obligations set out in subsection (2) on the personnel provider. (2) The obligations are as follows: (a) the personnel provider must only make available the services of an individual to engage in a risk assessed role with the registered NDIS provider if: (i) the individual has a clearance or is subject to an exception under Division 4 of Part 2; and (ii) the personnel provider discloses to the registered NDIS provider before the individual is engaged in that role all information relating to the individual’s clearance or the exception the individual is subject to under that Division; and (iii) the personnel provider continues to disclose to the registered NDIS provider all information relating to the individual’s clearance or the exception the individual is subject to during the period the individual is engaged in that role; (b) the personnel provider must comply with any reasonable request from the registered NDIS provider: (i) for information relating to whether an individual made available by the personnel provider has a clearance, or is subject to an exception under Division 4 of Part 2; and (ii) for assistance to investigate any complaint made to the registered NDIS provider about the conduct of, or any reportable incident involving, an individual made available by the personnel provider; and (iii) for information relating to whether and how the personnel provider is complying with its obligations under the appropriate contract; (c) the personnel provider must impose the obligations referred to in paragraphs (a) and (b) on any other party with whom the personnel provider enters into an arrangement, which involves or allows for the provision of services by the individual to the registered NDIS provider. (3) For the purposes of subparagraph (2)(a)(ii), without limiting that subparagraph, information relating to the individual’s clearance includes information about the following: (a) the clearance and the day the clearance expires or ceases to be in force; (b) any applications made for an NDIS worker screening check in relation to the individual; (c) any interim bar, suspension or exclusion the individual has been, or is, subject to; (d) the refusal or closure of an application for worker screening clearance; (e) the revocation (however described in the NDIS worker screening law of the relevant participating jurisdiction) of a clearance. (4) If a registered NDIS provider and a personnel provider enter into a legally binding arrangement before 1 February 2021, the arrangement is also an appropriate contract if it imposes the obligations required by subsection 13(4) of this instrument as in force immediately before the commencement of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Amendment (Miscellaneous Measures) Rules 2020.