Western Australian Current Regulations

NATIONAL DISABILITY INSURANCE SCHEME (WORKER SCREENING) REGULATIONS 2021 - REG 16

16 .         Section 68(1) does not apply in certain circumstances

        (1)         Section 68(1) does not apply to a person in relation to starting or continuing to be employed or otherwise engaged by a registered NDIS provider in NDIS work which involves (wholly or in part) a risk assessed role ( NDIS work in a risk assessed role ) if —

            (a)         the person had been employed or otherwise engaged by the registered NDIS provider in NDIS work in a risk assessed role on a day ( engagement day ) before commencement day; and

            (b)         the person has been continuously employed or otherwise engaged by the registered NDIS provider in NDIS work in a risk assessed role since engagement day; and

            (c)         at the time the person starts or continues to be employed or otherwise engaged by the registered NDIS provider in NDIS work in a risk assessed role, the person has an acceptable WA check under the Commonwealth Rules section 29A.

        (2)         Subregulation (1) ceases to have effect at the beginning of 1 February 2023.

        (3)         Section 68(1) does not apply to a person in relation to starting or continuing to be employed or otherwise engaged by a registered NDIS provider in NDIS work which involves (wholly or in part) a risk assessed role if —

            (a)         under the Commonwealth Rules section 29B(1), section 29B of those rules applies to the registered NDIS provider at the time the person starts or continues to be employed or otherwise engaged by the registered NDIS provider in the NDIS work; and

            (b)         the person has an acceptable aged care provider check under the Commonwealth Rules section 29B.

        (4)         Subregulation (3) ceases to have effect at the end of 1 February 2024.