12Certain residential aged care providers are taken to be registered NDIS providers

12 Certain residential aged care providers are taken to be registered NDIS providers

Providers to whom this section applies (1) This section applies to a person or entity if, on 1 December 2020: (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 on a permanent basis to a participant; and (c) the participant is approved as a recipient of residential care under Part 2.3 of the Aged Care Act 1997; and (d) the person or entity is neither a registered NDIS provider nor a registered provider of supports. Transition of residential aged care providers to registered NDIS providers (2) On 1 December 2020, the Commissioner is taken to have decided to register the person or entity as a registered NDIS provider under section 73E of the Act in respect of providing assistance with daily life tasks in a group or shared living arrangement under participants’ plans.

Note 1: Assistance with daily life tasks in a group or shared living arrangement is the class of support referred to in item 15 of the table in subsection 20(3) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018.

Note 2: The Commissioner must give a certificate of registration to the provider (see paragraph 73E(4)(b) of the Act). The certificate must specify the period for which the registration is in force (see paragraph 73E(5)(e) of the Act).

(3) Subsection 73E(4) of the Act applies to the decision as if paragraph (a) of that subsection were omitted.

Note: This means that the Commissioner is not required to give written notice of the decision to register, nor to provide reasons for the decision.

(4) A person or entity who is a registered NDIS provider under the Act because of subsection (2) of this section is a transitioned RAC provider. (5) To avoid doubt, the person or entity ceases to be a transitioned RAC provider if: (a) on or after 1 December 2020: (i) the person or entity makes an application under section 73C of the Act to be a registered NDIS provider; and (ii) the Commissioner makes a decision under section 73E of the Act to register, or not to register, the person or entity as a registered NDIS provider; or (b) the registration of the provider is revoked under section 73P of the Act; or (c) unless section 73K of the Act applies—the period specified for the purposes of paragraph 73E(5)(e) of the Act expires.