7Transitioning registered providers of supports

7 Transitioning registered providers of supports

Providers to whom this section applies (1) This section applies to a person or entity if: (a) at a particular time (the transition time), the person or entity is approved, as a registered provider of supports, to do either or both of the following: (i) manage the funding for supports under a participant’s plan; (ii) provide supports to a participant; and (b) at the transition time, the host jurisdiction in which the participant lives becomes a participating jurisdiction.

Note: For the meaning of host jurisdiction, see section 10 of the Act, and for the meaning of participating jurisdiction, see section 10A of the Act.

Transition of registered providers of supports to registered NDIS providers (2) Immediately after the transition time: (a) the person or entity ceases to be a registered provider of supports to participants in the participating jurisdiction; and (b) 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 the participating jurisdiction in relation to: (i) managing the funding for supports under plans that the person or entity was, immediately before the transition time, approved to manage; and (ii) each class of supports in respect of which the person or entity was, immediately before the transition time, approved to provide; and (iii) each class of persons in respect of which the approval, immediately before the transition time, applied.

Note: 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 paragraph (2)(b) of this section is a transitioned provider. (5) To avoid doubt, the person or entity ceases to be a transitioned provider if: (a) the person or entity makes an application under section 73C of the Act and 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. Act applies to transitioned providers, subject to modifications (6) The Act applies in relation to a transitioned provider, subject to the modifications in section 9. Registration in other jurisdictions not affected (7) To avoid doubt, this section does not affect the continuity, on and after the transition time, of the registration of a transitioned provider as a registered provider of supports to participants other than in a participating jurisdiction.