Queensland Numbered Acts

DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019 - SECT 42

42 Amendment of s 239 (Regulation-making power)

(1) Section 239 (2) , before paragraph (a) —
insert—

(aa) delay the application of a provision of part 5 in relation to a new NDIS non-government service provider, or the engagement of a person by a new NDIS non-government service provider, for a period of not more than 1 year after the day the provider becomes a new NDIS non-government service provider; and

(ab) delay the application of a provision of part 5 in relation to a new engaged person for a period of not more than 1 year after the day the person becomes a new engaged person; and

(ac) make provision about a matter for which it is necessary, desirable or convenient to make provision in relation to—

(i) a service provider becoming a former service provider; or

(ii) a person becoming a former engaged person; and

(2) Section 239 (2) (aa) to (b) —
renumber as section 239 (2) (a) to (e) .

(3) Section 239 —
insert—

(3) In this section—

"former engaged person" means a person who, because of the making or amendment of a regulation under section 46(8), becomes a person who is not, for part 5, engaged by an NDIS non-government service provider.

"former service provider" means—

(a) a service provider in relation to which part 3 stops applying because of the making or amendment of a regulation under section 32A; or

(b) a service provider in relation to which part 5 stops applying because of the making or amendment of a regulation under section 16A or 41A; or

(c) a service provider in relation to which part 6 stops applying because of the making or amendment of a regulation under section 140; or

(d) a service provider in relation to which part 8, division 2 stops applying because of the making or amendment of a regulation under section 216.

"new engaged person" means a person who, because of the making or amendment of a regulation under section 46(8), becomes a person who is, for part 5, engaged by an NDIS non-government service provider.

"new NDIS non-government service provider" means a service provider that becomes an NDIS non-government service provider in relation to which part 5 applies because of the making or amendment of a regulation under section 16A or 41A.